Illegal construction

With the development of the country, expropriation and demolition in many places is also an inevitable phenomenon. However, due to the complexity of expropriation and demolition work, various problems will inevitably arise. For example, if a house is deemed illegal, it will be demolished directly. Today, a land expropriation lawyer will talk about whether there is a legal written compulsory demolition.
According to the relevant provisions of my country's Urban and Rural Planning Law, if a construction project planning permit is not obtained or construction is not carried out in accordance with the provisions of the construction project planning permit, the urban and rural planning department of the local people's government at or above the county level shall order the construction to stop;
If corrective measures can be taken to eliminate the impact on the implementation of the plan, corrections will be made within a time limit and a fine of not less than 5% but not more than 10% of the construction project cost will be imposed;
If corrective measures cannot be taken to eliminate the impact, it shall be demolished within a time limit;
If it cannot be demolished, the physical objects or illegal gains will be confiscated, and a fine of not more than 10% of the project cost may be imposed.

In the planning area of a township or village, if a rural construction planning permit is not obtained in accordance with the law or construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or town people's government shall order the construction to stop and make corrections within a time limit;
If it is not corrected within the time limit, it can be dismantled.
If a house is forcibly demolished without any demolition news or written notice, it is a violation of private property and suspected of intentional destruction of other people's property.

Land expropriation lawyers specialize in: rights protection for various types of houses and breeding farms and other building structures that are deemed to be illegal construction (illegal construction), legal services in expropriation and demolition of companies, enterprises, factories, and breeding farms, expropriation and compensation of houses on state-owned land, rural land expropriation and housing resettlement compensation, administrative agreements, etc. The scope of agency covers Beijing, Shanghai, Tianjin, Yunnan, Guizhou, Sichuan, Chongqing, Xinjiang, Qinghai, Gansu, Jilin, Liaoning, Shandong, Hebei, Henan, Hubei, Hunan, Shaanxi, Anhui, Jiangsu, Zhejiang, Jiangxi, Guangdong, Fujian, Hainan and other regions.

Cases of intentional destruction of other people's property amounting to less than 5,000 yuan will not be filed.
Legal basis:
Article 275 of the Criminal Law [Crime of Intentional Destruction of Property] Whoever intentionally destroys public or private property, if the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine;
If the amount is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

In many cases, the demolition party "promotes demolition through demolition", so that a considerable part of the houses themselves are not illegal buildings that need to be forcibly demolished. At this time, timely review and litigation of the decision to restrict demolition becomes more important. However, whether to urge the demolition is also one of the important entry points for the parties to safeguard their rights according to law. "No demolition without urging" should also be the focus of attention in the field of demolition of illegal buildings.

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 land acquisition lawyer on this site for one-on-one online consultation.