Illegal construction

As we all know, when building a house, you must abide by the regulations and there must be no illegal construction activities. But in fact, some businesses spread out their floors for better interests. In fact, the extra floors will be demolished. Will there be compensation at this time?

A six-story hotel in Harbin was built illegally.

On December 5, a netizen broke the news that the New Gloria Garden Hotel next to the Flood Control Memorial Tower on Central Street in Harbin had illegally added a third floor, changing it from the original 6 floors to 9 floors. Unfortunately, the building has cracks in many places and is in danger of collapsing at any time. Residents have been reporting it for three years with no results.

Some netizens revealed that the first floor of the new Gloria Garden Hotel was built in 1996 through "flat to slope". In 2020, the hotel built another two-story steel structure. Although relevant local government departments have issued multiple notices to demolish illegal buildings, to this day, the illegal buildings of the New Gloria Garden Hotel have not been demolished.

Is there any compensation for demolishing illegal buildings?

The demolition of illegal construction complies with legal provisions and does not require compensation. However, in some cases, the demolished persons may receive corresponding compensation.

1. If it is an illegal construction, the demolisher shall compensate appropriately if the demolition causes damage to the land use rights during the demolition of the illegal construction. If the land use rights are obtained through transfer, and the illegal builder has paid the land transfer fee, but the transfer period has not yet expired, the demolisher shall also compensate the demolished person for the land use income caused. If the land use rights are obtained through allocation, the demolisher may not compensate those who use the land for illegal construction.

2. Property in illegal buildings can exist independently of illegal buildings. They are the legal property of the illegal builders and should be protected in accordance with the law. During the demolition process, the demolished households should first remind the demolished people to relocate and protect their personal property. If the demolisher does not take any protective measures for the property in the illegal construction, resulting in the property of the demolished people suffering losses, the demolished people can demand corresponding compensation.

3. In general cases of illegal construction, although you cannot get demolition compensation, you can apply for demolition compensation. During the demolition process, the demolisher has violated the rights of the demolished people due to illegal demolition procedures and methods, so he should compensate for the losses according to law. If the interests of the demolished persons are harmed, they can file a claim.