land expropriation

During the process of land acquisition and demolition, your house may accidentally become an illegal building. This is a problem that many people who are demolished often encounter. So, how to determine whether there is an illegal building? This article will be interpreted in conjunction with laws and regulations. What is illegal construction?
Illegal buildings refer to buildings that violate laws and regulations in urban planning areas, fail to obtain a construction project planning permit, or violate the provisions of a construction project planning permit, or buildings that fraudulently obtain approval for new construction, expansion, or reconstruction.

Illegal construction generally includes the following situations: buildings constructed without application or approval and without obtaining a construction land planning permit and a construction project planning permit; although a construction project planning permit has been obtained, it is not constructed in accordance with the approved scope and nature of use; and unauthorized conversion of temporary buildings into permanent buildings.

Time points for identification of illegal buildings
1. Before the "Regulations on the Management of Land for House Construction in Villages and Towns" was promulgated and implemented on February 13, 1982, houses were built in rural towns and were used to this day. Before 1982, there was no construction land approval system in our country. Since the country did not introduce a construction land approval system before 1982, of course the parties cannot be required to provide house construction approval procedures.

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2. Before the implementation of the "Urban Planning Regulations" promulgated by the State Council on April 1, 1984, the land use approval system for houses built and used in urban planning areas 103010 urban planning areas was stipulated in the form of administrative regulations. Because there was no relevant system before, there was no way to discuss the approval procedures for construction-related land.

3. Before the implementation of the Land Management Law on January 1, 1987, the construction and use of houses in cities and towns. According to the relevant provisions of the 1987 Urban Planning Regulations, my country established the construction approval and urban and rural land use systems in the form of law for the first time. In view of this, houses built and used before the implementation of the Land Management Law, although they have not obtained property rights certificates and have not gone through the approval procedures, can still not be regarded as illegal buildings.

4. After 1987, there is no property ownership certificate and no construction approval procedures. From a legal perspective, this type of house can be regarded as illegal construction. However, due to differences in the implementation time of the "Land Management Law" in various places, the location of the house and the time when the relevant approval authorities were established according to law should be used as the boundary. Houses built before the relevant local approval authorities actually performed their examination and approval functions should not be considered as illegal buildings.

If the house of the person being demolished is deemed to be an illegal building, don’t panic. Find out whether your house is illegal and don't let the expropriation party lead you by the nose.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you have any questions, you should seek professional advice promptly.House demolition lawyer consultation, seek professional legal advice.