Illegal construction

There are still many illegal buildings in China. Some people have repeatedly banned them for their own convenience. We all know that according to the law, illegal buildings must be demolished. However, due to historical reasons, some illegal buildings have been built for more than ten years. Is there compensation for such illegal buildings? What is the compensation standard? Historical illegal buildings refer to buildings that existed before the regulatory documents on building control were issued.

Its characteristics are:
1. When the building was constructed, the relevant normative documents on building control had not yet been issued, so it was not an illegal building;
Second, according to the current "Urban and Rural Planning Law" and other relevant laws and regulations, the building is now an illegal building
Illegal builders have the right to occupy illegal buildings, and possession has the function of protecting the actual state from infringement by third parties, thus protecting the stability of the legal order.

The government or others are not allowed to demolish illegal buildings without legal procedures. Therefore, the illegal demolition of illegal buildings is an infringement of the rights and interests of illegal builders. Illegal builders can safeguard their legitimate rights and interests in accordance with the law. Compensation for the legal demolition of illegal buildings requires, in addition to considering the possession rights of illegal builders, different types of illegal buildings need to be analyzed in detail and treated differently.

Administrative agreement lawyers focus on administrative litigation and rights protection cases of medium and large enterprises, and boldly explore, summarizing a number of unique methods for resolving government-enterprise disputes and administrative litigation cases. They have solved the problems of government-enterprise disputes for many medium-sized and large enterprises, successfully improved the benefits due to administrative counterparts in accordance with the law, and have won the trust of the majority of business owners.

1. Compensation is required for demolishing illegal buildings left over from history: With the changes in urban and rural planning and the gradual improvement of laws, the promulgation of relevant laws has led to buildings that do not meet the requirements of current laws. In the field of private law, it is legal for citizens to build houses based on their trust in the national laws and relevant systems at that time, and the rights obtained in accordance with the law should be protected.

Therefore, based on the needs of current urban and rural planning and the provisions of current laws, the demolition of historical buildings must be compensated according to the market value of the houses.
2. Compensation should be given for the demolition of procedurally illegal buildings: procedurally illegal buildings do not harm public interests and the legitimate rights and interests of others, and can be corrected. Therefore, when demolishing procedurally illegal buildings for other reasons, considering that such buildings have condensed construction materials and labor, have a certain value and have no quality problems, legal house ownership can be obtained through procedural corrections. While administrative penalties are imposed, it is necessary to compensate according to market value.

Illegal construction does not comply with our country's laws and regulations, so I would like to remind everyone that if there is an illegal construction, you can try your best to go through the procedures to make it legal. If forced demolition is required, it is recommended to first understand the relevant legal knowledge to see if you can obtain compensation. If you do not understand the relevant legal knowledge, it is recommended to consult a professional expropriation and demolition lawyer, and protect your rights and interests through the lawyer's professional ability.

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 an administrative agreement lawyer for one-on-one online consultation.