Illegal construction

For illegal buildings, it is necessary to distinguish between general violations and serious violations. For illegal buildings that are serious violations and must be demolished, they cannot be demolished at will. For example, administrative agencies cannot carry out demolition activities at night. The illegal demolition procedures of buildings must follow the following points, otherwise it will be illegal demolition.
1. Filing a case
If the administrative agency discovers an illegal building or receives a report from the public about an illegal building, it believes that an illegal fact has occurred or exists and needs to be investigated and dealt with as an administrative case.

The administrative agencies responsible for investigating and punishing illegal buildings are:
Urban and rural planning bureaus at or above the county level;
Whether the Urban Management Law Enforcement Bureau (referred to as "urban management") has the power to investigate and deal with illegal buildings mainly depends on whether it is authorized by the provincial administrative agency;
Except for the above-mentioned administrative agencies, no other agency has the power to investigate and deal with illegal buildings.

2. Investigation and evidence collection
Relevant administrative agencies should assign law enforcement personnel with law enforcement qualifications and no interest in the case to conduct on-site investigations and inspections, and present law enforcement certificates to the parties;
Records should be made during investigations and inspections
If the relevant administrative agencies do not investigate and deal with the illegal facts at all, then they determine that the building is illegal, which is obviously because the facts are not clear.

3. Determine the facts of illegal construction and issue reminders
Before making an administrative penalty decision, the relevant administrative agency should prepare a "Notice of Ordering to Dismantle within a Time Limit" or a decision or other similar document, allowing the parties to dismantle it by themselves within a certain period of time. If the "Order to Dismantle within a Time Limit" notice or decision contains the words "If the person fails to dismantle by himself within the time limit, it will be forcibly dismantled", it can be regarded as a "Decision of Forced Demolition".

Beijing Yingtong Law Firm has rich practical experience in demolishing illegal buildings. It uses solid legal knowledge and theoretical literacy to study a series of legal disputes over the demolition of illegal buildings. It has accumulated rich experience in handling cases in all aspects and treats every party concerned with care.

If the party concerned is dissatisfied with the notice or decision “ordering demolition within a time limit”, he or she may apply for administrative reconsideration within 60 days or file an administrative lawsuit within 6 months.
4. Protect the parties’ rights to statement and defense
Before making an administrative penalty decision, the relevant administrative agency shall notify the parties concerned to make statements and defences, and fully listen to the parties' statements and defences. If the reasons are valid, they shall be adopted.

5. Make a decision on forced demolition and serve it in accordance with the law
If the party still fails to perform after the relevant administrative agency urges the party to do so, it shall prepare a forced demolition decision, the content of which shall include:
The name and address of the party concerned;
Illegal facts and evidence;
Relief channels, etc. and stamped with the seal of the enacting agency
After a decision on forced demolition is made, it must be served to the parties concerned in accordance with the law.

Only if the party concerned confirms receipt of the forced demolition decision and does not review or litigate within the time limit, enforcement can be carried out
6. Implementing forced demolition
The department with the power of enforcement shall first submit an application to the people's administrative agency at or above the county level, and only after receiving instructions from the administrative agency at or above the county level can it implement compulsory demolition;
Township administrative agencies may decide on their own to organize the implementation of forced demolitions in accordance with the provisions of Article 65 of the Urban and Rural Planning Law.

Agencies without the power of enforcement cannot forcefully demolish illegal buildings on their own and need to apply to the People's Court for enforcement. Demolition lawyers suggest that during the demolition process, it is difficult for the demolished parties to discover the illegal points of the demolished party, so they need to hire a professional lawyer to protect your rights. If you encounter related legal issues that cannot be solved, please consult a lawyer from Beijing Yuting Law Firm.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.