Illegal construction

Illegal buildings can generally be divided into two categories:
First, buildings constructed in violation of the Land Management Law without obtaining the right to use construction land;
Second, what are the national standards for demolishing illegal buildings on land where they have the right to use construction land without obtaining planning permission or in violation of planning permission? How are illegal buildings identified? .

1. Identification of illegal construction
1. Legal basis: One legal basis for identifying illegal buildings is the Urban and Rural Planning Law. For house construction, only a planning permit is required. Otherwise, administrative actions such as demolition within a time limit will be taken according to different circumstances. However, it should be noted that if demolition is not necessary, the party concerned should be given the opportunity to obtain a replacement certificate.

2. Recognition subject: Cities are recognized by the urban and rural planning authorities, rural areas are recognized by the township people's governments, and shall not be recognized by village committees or other agencies.
3. Determination procedure: In accordance with the procedural requirements of the Administrative Penalty Law, the administrative agency should investigate and collect evidence, listen to the statements and defenses of the parties, and prepare and deliver a confirmation letter of illegal construction.

Specializing in legal affairs such as administrative litigation and criminal litigation related to land acquisition and demolition, he has extensive experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.

2. Illegal demolition
1. Implementation subject According to the "Urban and Rural Planning Law", the subject of identifying illegal buildings can decide to demolish the illegal building within a time limit when the illegal building reaches the point where it must be demolished. Different from the house expropriation procedure, the compulsory demolition of houses during land acquisition and demolition can only be enforced by applying to the court. Therefore, the demolished people must be wary of "demolition to promote expropriation".

2. When to demolish 03010 stipulates that if illegal buildings, structures, facilities, etc. need to be forcibly demolished, the administrative agency shall make an announcement and the party concerned shall demolish it within a time limit. If the party does not apply for administrative reconsideration or file an administrative lawsuit and fails to demolish it within the statutory time limit, the administrative agency may forcefully demolish it in accordance with the law.

3. The procedures must be completed. The administrative agency should fulfill its obligation to supervise and make detailed provisions on the form and content of the supervision. After that, it must also listen to the parties' statements and defenses. Only if the parties still fail to implement the administrative decision and there is no legitimate reason, the administrative agency can make an enforcement decision. People are reminded that the demolition of illegal buildings must be strictly enforced.

If the demolition procedure is illegal, in real life there are still situations where the demolition party illegally determines that the legal building is illegal in order to complete the task quickly. Therefore, the demolished person can file an administrative review or administrative lawsuit to safeguard their rights.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you also want to know more about the criteria for judging illegal construction/the process for judging illegal construction/how to define illegal construction in Beijing, etc., you can consult our lawyers for one-on-one online consultation.