Illegal construction

Today, as laws and regulations are increasingly optimized, land acquisition and demolition are usually a happy event. Generous demolition compensation can make the lives of many demolished households completely new. However, in some areas, due to various factors, a large number of houses built for a long time cannot obtain real estate certificates. So, are houses with incomplete certificates illegal?
Land acquisition and demolition lawyerLet's take a look at this problem together.

First of all, the legal provisions at the time of construction are the basis for determining whether it is an illegal construction. Article 30 of 103010: "If a property right is established or eliminated due to factual acts such as building or demolishing a house in accordance with the law, it shall take effect when the factual act is realized." This provision clearly stipulates the property rights of the building and establishes that only the legal basis for violating the building can be determined to be an illegal building.

The legal team of Yingting Law Firm specializes in 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.

Our country's planning department began to exist in 1974 and was gradually improved in the 1990s. Before the implementation of the Property Law on January 1, 2008, only urban houses required planning approval. Houses in rural areas did not need planning department approval at all. They only needed approval from the village committee. Therefore, houses built decades ago must be judged to see whether they comply with the laws and regulations at the time, rather than simply judging whether they are illegal buildings based on the standards of current laws and regulations.

The Forbidden City and the Great Hall of the People have not obtained property rights certificates, but they obviously cannot be regarded as illegal buildings.
Secondly, according to the "Urban and Rural Planning Law", Guoban Fadian [2003] No. 42 stipulates that for houses within the scope of demolition that have incomplete procedures due to historical reasons, the replacement procedures should be completed in accordance with the current relevant laws and regulations. The policy is not clear but it is a reasonable requirement. Corresponding policies must be formulated and dealt with within a time limit; if it is difficult to solve for a while, explanations must be done patiently and meticulously, and conditions must be actively created to strive for an early resolution.

Therefore, unlicensed houses and houses with incomplete certificates are not equivalent to illegal buildings and cannot be forcibly demolished without compensation.
Therefore, in order to prevent their old houses from being judged as illegal construction during the demolition process, the demolition households must pay attention to collecting some evidence that can prove that the houses are legal constructions, and then retain them, so as to protect their legitimate interests through legal weapons as soon as possible.

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.