Illegal construction

During the process of land acquisition and demolition, the expropriated people often hear: "Your house is an illegal building", and even receive a "Decision to demolish the illegal building within a time limit." Suddenly, the house that has been lived in for more than ten or even twenty years becomes an illegal building. So what is the definition of illegal building in rural areas? Let’s take a look at the relevant knowledge about illegal house building in rural areas.

1. How to identify illegal houses in rural areas?
03010 Paragraph 3 of Article 62 stipulates: Residential land for rural villagers shall be reviewed by the township (town) people's government and reported to the county-level people's government for approval;
Among them, when it comes to the occupation of agricultural land, during the approval procedures in accordance with the provisions of Article 44 of this Law, some parties failed to provide evidence such as collective land use certificates and house property registration certificates approved by the local government. They only provided certificates issued by the village committee or witness testimony, which was not enough to prove that their houses were legal and approved buildings.

It should be noted that unlicensed houses in rural areas are not equivalent to illegal buildings. The People's Court should make specific distinctions based on specific cases, comprehensively consider them, and make reasonable decisions.
2. Demolition process of illegal houses in rural areas
According to Article 35 of the Land Administration Law of the People's Republic of China, before making a decision on compulsory enforcement, the administrative agency shall urge the parties to perform their obligations first, and the urging shall be in writing.

The business areas of Beijing Demolition Lawyers Group include government-enterprise disputes, administrative compensation, enterprise demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.

Article 36 stipulates that after receiving a reminder, the parties have the right to make statements and defense. The administrative agency shall fully listen to the opinions of the parties, record the facts, reasons and evidence submitted by the parties, and review the facts, reasons or evidence submitted by the parties. If the facts, reasons or evidence submitted by the parties are established, the administrative agencies shall adopt
Article 37 stipulates that if the party concerned fails to perform the administrative decision within the time limit after being reminded, and there is no justifiable reason, the administrative agency may make a compulsory execution decision.

3. Is there compensation for illegal construction and demolition in rural areas?
Article 2, paragraph 1, of the "Administrative Enforcement Law of the People's Republic of China" stipulates that if state agencies and their staff exercise their powers in accordance with the provisions of this law and infringe upon the legitimate rights and interests of citizens, legal persons and other organizations, causing damage, the victim has the right to obtain state compensation in accordance with this law.

In other words, the prerequisite for obtaining state compensation is that the legitimate rights and interests of citizens, legal persons and other organizations have been infringed and losses have been caused. The demolished illegal buildings are not legal property, but the available building materials should be legal property and should be compensated in accordance with the law;
Legal movables in illegal buildings should also be compensated.
Beijing demolition lawyers remind that due to the complex situation in rural areas, it is not ruled out that legal buildings and some buildings with historical reasons that are not the intention of farmers will be identified as illegal buildings and forcibly demolished.

Therefore, once farmers encounter such a situation, they should promptly understand the relevant legal knowledge, seek help from lawyers, and protect their legal property. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.

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