Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
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Article author:Yingting Lawyers Group | Update time:2023-06-25 | Reading times:802
In recent years, with the rise of shantytown reconstruction and demolition in various places, there have been more and more disputes about the identification and compensation of illegal buildings during land acquisition and demolition. Administrative agencies often ignore the historical factors of the formation of illegal buildings, etc., and force demolition as long as it hinders the process of land acquisition and demolition. When houses are forcibly demolished, "problem houses" with no or few certificates are often lost first.
Will undocumented houses be demolished and will they be compensated?
The specific situations of unlicensed buildings are summarized into the following three categories:
A common category of unlicensed buildings refers to buildings that were built before the promulgation of the Regulations. Such buildings did not have strict approval procedures when they were built. They have not been certified since they were built. Relevant government departments have not required reissue of relevant certificates, and there are no standards for determining whether they are illegal.
Beijing Yingtong Law Firm specializes in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition, and has rich experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.
Therefore, such buildings can receive reasonable compensation with the help of professional land acquisition and demolition lawyers in accordance with relevant laws and regulations.
Another common type of unlicensed construction is that before building a house, the demolished people apply to the land authority and planning department for land approval procedures in accordance with the procedures stipulated by law. However, the formulation and issuance of certificates are delayed, resulting in the demolished people being unable to obtain relevant documents in time.
In this case, we can see that the demolished households have applied for relevant documents in accordance with the procedures prescribed by law, but their houses are unlicensed buildings due to the relevant government departments. If this happens, it is unfair to demolish the unlicensed buildings of the demolished households for free. The latter type of common unlicensed construction means that the demolished people should build houses without authorization after passing the legal building approval procedures, and continue to complete the construction even if the relevant government departments have notified them to stop building houses.
This situation is a typical illegal construction. During the land acquisition and demolition process, it is difficult to escape the fate of forced demolition and no compensation.
During the house expropriation process, as long as the demolition procedures are illegal, we expropriated people can strive for compensation or compensation. During the house expropriation process, it is only a matter of time before the house is demolished, and it is only a matter of whether the forced demolition will lead to a reduction in compensation.
We would like to remind the majority of expropriated households that if they feel that the compensation is unreasonable and their consumption is useless, they may enter the legal compulsory demolition process due to the delay in rights protection opportunities. The gains outweigh the losses. Therefore, everyone must protect their rights as soon as possible within the legal period and strive for fair and reasonable compensation. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.
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