administrative agreement

In recent years, many compensation disputes have occurred in rural areas, especially whether unlicensed houses, which are more common in rural areas, are illegal constructions. Whether compensation should be compensated and how to compensate has always been a difficult problem. So will illegal buildings in rural areas be demolished? Let’s take a look at Beijing’s legal knowledge on demolition related to illegal construction in rural areas.

According to the provisions of Article 65 of the Urban and Rural Planning Law, houses in township or village planning areas that have not obtained a rural construction planning permit in accordance with the law, or are not constructed in accordance with the provisions of the permit, will indeed be ordered to stop construction, make corrections within a time limit, or even be demolished.

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But in fact, not all illegal buildings in rural areas will be demolished. The following types of houses will not be demolished:
1. Owning multiple homesteads does not comply with the one-household-one-household principle. However, if you meet the conditions for household separation, you can apply for a moratorium on demolishing the excess homesteads and then distribute the homesteads to your children.
2. Once an illegal building is demolished, there will be no living space or the per capita area of the building is lower than the standard area. It can become a legal building by completing relevant procedures.

3. If the auxiliary buildings, vegetable gardens and other buildings surrounding rural houses do not occupy collective land, they will not affect the houses of other farmers.
4. If other people occupy collective land to build agricultural facilities and agricultural production houses that meet the requirements of relevant departments, they can continue to use it after compensating for relevant land use and construction procedures. When a farmer friend’s house is pointed out to be illegal, in addition to paying attention to whether the village committee has the right to carry out forced demolition, we must also pay attention to how to prove through legal channels that our house is legal and that we enjoy full property rights.

Even if the house is unfortunately forced to be demolished, we can still strive for comprehensive and reasonable compensation and compensation in accordance with the law.

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.