environmental shutdown

Article introduction: Does this shop have to be demolished if it is deemed an illegal building? How much compensation can be given?

Part One: Case Story

Shi has a street shop selling various imported goods. She is also the owner of the house. Since the block where the shop is located is going to be renovated into an old city, Shi heard the news that it was about to be demolished and began to count the goods and estimate the amount of compensation. One day, some people from the neighborhood committee came to Shi and told her that her shop was an illegal building and that it had to be demolished in advance and only the decoration would be compensated. There is no need to discuss other compensation conditions. They were given a deadline of half a month to move out and dismantle the shop themselves. If you don't dismantle it yourself, it will be forcibly dismantled after a while. Shi asked the Yingting demolition team what the legal provisions were for this? Can I get compensation for demolition?

Part 2: Which illegal buildings can be exempted from demolition?

1. What are the procedures for demolishing illegal buildings?

(1) An administrative decision to demolish within a time limit must first be made.

(2) Make reminders.

(3) Make administrative enforcement decisions.

(4) Implement administrative compulsory demolition decisions.

(5) Announce the demolition within a time limit for the unspecified majority of the society.

(6) Compulsory demolition can only be carried out if the party concerned neither applies for administrative reconsideration nor initiates administrative litigation within the statutory period.

2. How to file a compensation lawsuit if the subject is illegal?

If it is an illegal building, the forced demolition carried out by the other party is only a procedural error. So how can you ask for administrative compensation at this time? What compensation can I give you? This situation occurs in practice. Take illegal buildings as an example. If an illegal building is demolished and is found to be wrong by the court, then the administrative compensation procedure cannot be easily initiated at this time. Why? The premise of administrative compensation is that your house is legal and you are in a legally held state. Only in this way can you be included in the scope of administrative compensation. However, if your legal status cannot be determined, then administrative compensation is out of the question and it is impossible to make administrative compensation to you. So, what compensation can be given to you? Because of his procedural errors in law enforcement, he caused losses other than your illegal building. It can compensate you for the loss of residual value of some building materials, loss of interior decoration, loss of indoor items, etc. Such losses can be included in the scope of compensation. However, the restricted state of the house itself cannot be included in the scope of administrative compensation.

3. Can these illegal buildings not be demolished?

(1) Demolition may cause significant damage to public interests.

The Yingting Demolition Team learned that some illegal buildings may cause significant damage to public interests after demolition, or may cause other serious consequences after demolition. In this case, the illegal building may not be demolished.

(2) Affecting the safety of the main structure of buildings and structures.

If the building is partially demolished, the safety of the main structure of the building and structures will be affected. Or the overall demolition of the building will affect the safety of adjacent buildings and the main structure of the structure. In this case, the illegal building does not need to be demolished.

(3) The existing technical conditions cannot implement demolition.

Due to the particularity of the building or the particularity of the geographical location of the building, illegal buildings that cannot be demolished according to the existing demolition technical conditions may not be demolished.

(4) It can be converted into a legal building.

a. Ying Ting believes that illegal buildings may not necessarily be demolished, but may also be converted into legal buildings and remain there permanently. There are many reasons for illegal construction, including the parties involved and the administrative agencies. The legal consequences for illegal buildings are not the only ones. There are confiscation and demolition within a time limit, as well as fines and reissue procedures. Moreover, confiscation and demolition within a time limit are limited to serious violations of urban planning.

b. The administrative department did not make a decision to confiscate or demolish illegal buildings. It was a decision made based on a comprehensive balance based on the overall interests of society. Then, quite a few of these illegal buildings can still be corrected, and after correction, they will continue to exist permanently like legal buildings.

Yingting reminds you:

1. If your house is identified as an illegal construction, please first find out whether your house is an illegal construction. If you have any questions, please consult a professional land acquisition and demolition lawyer for professional legal advice.

2. Because illegal construction refers to houses and facilities constructed outside the planning area without obtaining the planning permit for the proposed project (original site, site selection and construction opinions), and in violation of the provisions of the Land Management Law, the Urban and Rural Planning Law, the Regulations on the Planning and Construction Management of Villages and Towns and other relevant laws and regulations. Due to historical reasons, there may be some houses suspected of illegal construction. Whether it needs to be demolished and whether compensation can be given after demolition should be treated differently according to different situations. In practice, illegal buildings may not necessarily be demolished, but may also be converted into legal buildings and remain there permanently. There are many reasons for illegal construction, including the parties involved and the administrative agencies. The legal consequences for illegal buildings are not the only ones. There are confiscation and demolition within a time limit, as well as fines and reissue procedures. Moreover, confiscation and demolition within a time limit are limited to serious violations of urban planning.

3. If you encounter illegal demolition, you must file an administrative lawsuit within 6 months from the date you learned about the demolition. Because according to the relevant laws of our country, when encountering land acquisition and demolition, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.