Illegal construction

In the expropriation and demolition work, illegal buildings are an inevitable topic. Illegal buildings must be demolished in accordance with the law. Therefore, there is a question involved in the demolition process. Is there any compensation for demolished illegal buildings?
Under what circumstances can compensation be obtained? Today, the editor of Beijing Yingting Law Firm will explain this issue to you.
1. What is illegal construction?

Houses that have not been approved by the competent authorities and have not obtained corresponding permits are illegal buildings and will generally not be compensated during demolition. However, the identification of illegal buildings must also take into account historical reasons. In some places, it is found that many houses do not have certificates and have not been approved by the government during demolition. Therefore, we must be cautious when handling, follow proper procedures, and publicize the results.

The law firm's legal team's business areas include government-enterprise disputes, administrative compensation, corporate demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.

Second, can I be compensated for illegal construction?
If it is expressly prohibited, completely conflicts with existing laws, and remains unchanged over and over again, this kind of illegal construction that braves the wind will definitely not be compensated. If it is left over from history, and a permit cannot be issued for some reason, or the policy is changed midway, the procedures for such illegal construction without permission need to be handled flexibly in practice.

Many times, in order to ensure the smooth progress of land acquisition and housing renovation projects, there will be an appropriate proportion of compensation for illegal construction. Summary:
Even if it is an illegal construction, corresponding legal procedures must be followed during the forced demolition process. If the improper means and methods of forced demolition cause the loss of the legitimate rights and interests of the building materials of the parties, the administrative agency shall compensate according to the law.

For example, if some of the building materials in an illegal construction still have use value, and the party concerned indicates that the building materials still need to be used, the administrative agency should try its best to protect them, otherwise it should be liable for compensation for the loss of the building materials based on the actual situation.

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.