Illegal construction

There are many old houses in rural areas, some of which were passed down from ancestors and without certificates. Most of these houses have not gone through relevant procedures. However, as the country has increased its efforts to deal with illegal buildings, many places have identified these houses as illegal buildings and are being demolished for free. So, are old houses really illegal buildings?

At present, the approval of rural housing construction is becoming more and more strict, and the approval procedures are becoming more and more standardized. Not only the application for a new homestead must be approved, but also the construction of a new house on the old homestead must be re-approved, otherwise it is illegal, and the house is at risk of being demolished. However, as mentioned above, due to various reasons, there are still many rural houses without certificates. If a house in rural areas does not have or lacks certificates, does it have to be an illegal construction? Of course, this cannot be generalized.

For example, it is unreasonable to rashly judge illegal construction as the following two undocumented cases.
1. An old house. One of the main reasons for the lack of construction certificates for some rural homesteads and houses is that the construction time was relatively early when the house was built. The local area has not yet implemented or strictly implemented the relevant land use and building approval system. Although according to the current law, without legal approval, it will be judged as an illegal construction.

Beijing Yingtong Law Firm has rich practical experience in administrative litigation. It uses solid legal knowledge and theoretical literacy to study a series of legal disputes in administrative litigation. It has accumulated rich experience in handling cases in all aspects and treats every party concerned with care.

However, for some old houses in rural areas, it is unreasonable to rashly judge them as illegal without relevant documents. 003010 (National Land and Resources Development [2016] No. 191) also clearly stipulates that for homesteads without ownership source materials, the historical use and current status of the land should be investigated. After the farmer collective or village committee confirms the right to use the homestead, the area, boundaries, etc., will be publicized for 30 days without objection, and a certificate will be issued.

After being reviewed by the township (town) people's government and reported to the county-level people's government for approval, it shall be legally used.
2. Legally acquired houses. Houses in rural areas do not have certificates, and some have never had certificates;
Some names on the documents do not match their own names, such as some houses exchanged, donated, or inherited. The name of the owner on the relevant documents has not changed.

For this type of case, it is unreasonable to judge other people's houses as illegal
In practice, if the demolition department is unable to identify illegal construction without relevant procedures, the law should be popularized in a timely manner and the house owners should fill in the documents as much as possible to avoid disputes during the demolition process in the future. If you receive a notice of illegal construction, there is no need to be confused.

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 compensation for the aging of houses with illegal construction | whether decoration of old rural houses is considered illegal construction | how to deal with illegal construction of old houses, etc., you can consult a professional demolition lawyer at Beijing Yingting Law Firm to solve your confusion and avoid being cheated.