State compensation

For a long time in the past, our country's control over rural areas was relatively loose, and villagers were relatively free to build houses. However, in recent years, the relevant rural systems have become more and more perfect, and the construction of rural houses also needs to be approved through legal procedures. The management of illegal buildings in rural areas is relatively strict, and most illegal buildings need to be demolished. So, some people may ask, if illegal buildings in rural areas are demolished, will there be compensation and what standards will be used?

Demolition is carried out in accordance with the law and does not require compensation. Article 40 of the "Urban and Rural Planning Law of the People's Republic of China" When constructing buildings, structures, roads, pipelines and other projects within city or town planning areas, the construction unit or individual shall apply for a construction project planning license from the urban and rural planning department of the town people's government determined by the municipal or county people's government or the people's government of the province, autonomous region or municipality directly under the Central Government.

03010 Article 64 If a construction project planning license is not obtained or construction is not carried out in accordance with the provisions of the construction project planning license, 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 shall be made within a time limit, and a fine of not less than 5% and not more than 10% of the construction project cost shall be imposed; if corrective measures cannot be taken to eliminate the impact, the construction shall be demolished within a time limit; if the demolition cannot be carried out, the physical objects or illegal gains shall be confiscated, and a fine of not more than 10% of the project cost may be imposed.

Article 68 After the urban and rural planning authorities make a decision to stop construction or demolish within a time limit, if the parties fail to stop construction or demolition within a time limit, the local people's government at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing up the construction site and forcing demolition. The prerequisite for illegal construction must be that the construction project planning permit has not been obtained or the construction has not been carried out in accordance with the provisions of the construction project planning permit. The construction project planning permit is the key.

If your house is deemed illegal, you can apply to the people's court for enforcement, or the people's government at or above the county level will instruct the relevant departments to demolish it. If you do not know the demolition knowledge, it is recommended to consult Beijing Yingting Law Firm to protect your legitimate rights and interests through legal means.

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.