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I bought an illegally built house and it is now going to be demolished. Is there any compensation? Is it illegal to demolish an illegally built house? What should I do?

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Article author:Yingting Lawyers Group | Update time:2023-06-13 | Reading times:439

Houses that are identified as illegal buildings cannot receive compensation after being demolished in accordance with legal procedures. Article 22 of the "Urban House Demolition Management Regulations" stipulates that no compensation will be given to temporary buildings that are identified as illegal or have exceeded the approved period. Only temporary buildings that are identified as legal buildings and have not exceeded the approved period should be compensated.

However, for illegal houses in the following three situations, the demolished people can also enjoy full demolition compensation benefits:
1. Historical houses:
There is a law within the law and the principle of non-retroactivity. Some buildings were formed in the 1970s, or even earlier in the 1950s and 1960s. At that time, they could complete very few formalities.

Demolition Law FirmAreas of expertise: Legal services for rights protection of various types of houses and breeding farms and other buildings and structures that are deemed to be illegal construction (illegal construction), expropriation and demolition of companies, enterprises, factories, and breeding farms, expropriation and compensation of houses on state-owned land, rural land expropriation and housing resettlement compensation, administrative agreements, etc. The scope of agency covers Beijing, Shanghai, Tianjin, Yunnan, Guizhou, Sichuan, Chongqing, Xinjiang, Qinghai, Gansu, Jilin, Liaoning, Shandong, Hebei, Henan, Hubei, Hunan, Shaanxi, Anhui, Jiangsu, Zhejiang, Jiangxi, Guangdong, Fujian, Hainan and other regions.

If analyzed according to current legal requirements, it can be classified as an illegal building, which is obviously not possible. Therefore, legality and illegality must be determined according to the legal regulations at the time the building was formed.
2. Rural houses and urban rural houses:
At the beginning, house management in rural areas was relatively loose and property rights were difficult to manage, so there were many unlicensed houses in rural areas.

Unlicensed houses are not equivalent to illegal buildings. As long as they are built legally, you can still get full compensation during demolition even if there is no proof of property rights.
3. The house left by the ancestors:
In many places, there are still houses passed down by ancestors or families. These houses have a long history and are now even more valuable. For this type of house, it existed before the founding of the People's Republic of China. You can get demolition compensation regardless of whether you have a property ownership certificate or not.

In the event of demolition, do not blindly demolish or sign blindly, because once you sign a demolition agreement, you cannot take it back even if you later find out that your compensation is different from others. So you must contact a professional as soon as possibleDemolition Law FirmGet a consultation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.


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