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Article author:Yingting Lawyers Group | Update time:2023-06-16 | Reading times:1393
In the process of determining whether a house is illegal, there is no guarantee that all determinations are reasonable and legal. In some cases, some ordinary people's houses have been built or purchased for more than 15 years, but are now deemed illegal. This situation catches ordinary people off guard and makes it difficult to accept. So, are houses built 15 years ago considered illegal? .
For truly illegal buildings, they usually do not lose their illegality due to factors such as "built more than ten years ago" or "lived and used for many years". It should be noted that the "Urban Planning Law" was implemented in 1990 and the "Land Management Law" was implemented in 1987. In other words, even in accordance with the principle of "laws are not retroactive", if the house involved was built 30 years ago without any approval documents such as planning, land use, property rights registration, etc., it is more convincing to call it "an undocumented house caused by historical reasons."
On the contrary, it is difficult to deny the existence of illegal cases for houses that are completely unlicensed.
Regardless of whether it is a "violation" or a "non-violation", both facts and documents must be given equal attention. Once the existence of the house involved is indeed harmful to society, such as being built on agricultural land or an ecological reserve, it will be difficult to avoid legal disposal of it.
What should we do in this situation?
Beijing Yingtong Law Firm has rich practical experience in administrative litigation. It uses solid legal knowledge and theoretical literacy to study a series of legal disputes in administrative litigation. It has accumulated rich experience in handling cases in all aspects and treats every party concerned with care.
1. Stay calm and don’t take drastic actions:
If you are emotional, it is easy to make wrong judgments and adopt wrong methods. The government will catch the people's mistakes and force them to sign, making the rice cooked. When people consult us, many people say that they were forced to sign, but in fact they can't provide any evidence.
"Impulse is the devil" If you go the wrong way because you are not calm, you will lose the initiative in dealing with the government
2. Consult a lawyer or professional immediately to know how to protect your rights:
Lawyers or professionals will start from the government's recognition of the legality of "illegal construction" and demolition, turn passivity into initiative, and fundamentally help people fight for their legitimate rights and interests.
Even if it is really "illegal construction", it does not necessarily mean "zero compensation"
3. Treat the government’s agreement to compensate or increase compensation rationally:
First of all, you need to know your actual losses during the demolition process so that you can reach an agreement with the government as soon as possible through communication and negotiation;
Secondly, if the government or relevant departments commit illegal acts, it does not mean that the government has to pay more compensation.
Government or relevant department staff have violated the law, and they have their own legal ways of taking responsibility. If the people think you are wrong, they must give me more money. In fact, it is a sign of indifference to the concept of the rule of law, and it will also make it more difficult for the people behind the scenes 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 want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.