Is there any compensation for the demolition of the illegal house, and is there any compensation for

Illegal construction refers to the construction of houses and facilities outside the planning area without obtaining the planning permit for the proposed project (the original site and site selection opinion), and the construction of houses and facilities in violation of the provisions of the Land Management Law, the Urban and Rural Planning Law, the Regulations on the Planning and Construction Administration of Villages and Market Towns and other relevant laws and regulations.

According to Article 22 of China's Regulations on the Administration of Urban Housing Demolition, "no compensation shall be given for the demolition of illegal buildings and temporary buildings beyond the approved period; Appropriate compensation shall be given for the demolition of temporary structures that have not exceeded the approved time limit. Therefore, during the demolition process, the demolition party will not compensate for the demolition of the illegal building.

Article 24 The people's governments at the municipal and county levels and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and deal with construction in violation of urban and rural planning in accordance with the law.

Before the people at the municipal and county levels make a decision on housing expropriation, they shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law. Compensation shall be given to those identified as legal buildings and temporary structures that have not exceeded the approved period; No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period.

Is there any compensation for illegal construction and demolition?

For specific situations, it is recommended to consult a professional lawyer team, and whether the construction is illegal also requires relevant certificates issued by relevant departments.

It needs to be specifically analyzed, and under normal circumstances, there is compensation, but if it is determined to be an illegal building, there is no right to claim compensation for demolition.

Legal basis: Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land stipulates that the people at the municipal and county levels and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and deal with the construction in violation of urban and rural planning in accordance with the law. No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period.

1. Whether there is compensation for the demolition of illegal houses.

1. There is no compensation for the demolition of illegal buildings. If it is found to be an illegal building, the person being demolished has no right to claim compensation for demolition. After the competent department of urban and rural planning makes a decision to order the construction to be stopped or demolished within a time limit, if the party concerned does not stop the construction or fails to demolish within the time limit, it may directly compel the demolition and does not need to pay compensation.

2. Legal basis: Article 64 of the Urban and Rural Planning Law of the People's Republic of China.

If the construction project planning permit has not been obtained or the construction is not carried out in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently.

Article 65.

If the rural construction planning permit is not obtained in accordance with the law in the township or village planning area or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or town people shall order the construction to be stopped and corrected within a time limit; If it is not corrected within the time limit, it may be dismantled.

2. What are the demolition processes for illegal houses?

The demolition process of illegal houses is as follows:

1. **After the law enforcement agency discovers the illegal facts, or receives reports and complaints from the public, it shall make a decision to file the case and investigate the illegal facts;

2. Inform the offending party of the facts of the violation, and if the party requests a hearing, a hearing shall be held;

3. After the administrative organ informs the party that it is necessary to demolish its illegal building, if the party has evidence to prove that the building is legal, or that the building can be converted into a legal building through re-application procedures, the administrative organ shall not order the party to demolish the building.

If the illegal building is demolished, the demolition party does not need to compensate.

However, in some cases, the person who has been demolished may be entitled to compensation. If it is an illegal building that has obtained the land use right, the demolition party shall be appropriately compensated if the demolition and relocation causes damage to the land use right in the process of demolition and relocation. If the land use right is obtained by way of transfer, and the illegal builder has paid the land transfer fee in full, but the transfer period has not yet expired, the demolition party shall also compensate the demolished party for the loss of land use income caused by the demolished person.

Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land provides that compensation shall be given to those identified as legal buildings and temporary structures that have not exceeded the approved period; No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period.

The solution to the illegal construction of the house is as follows:

1. For illegal houses, the relevant units may order the owners to dismantle the new facilities and shouting equipment on the building within the specified time limit, so that the house can be restored to its original appearance and fines shall be imposed in accordance with the law, and at the same time, no compensation shall be given to the demolished objects;

2. If the owner does not restore the house to its original state within the specified time limit, the relevant departments may carry out compulsory demolition.

The compulsory demolition of illegal buildings in rural areas shall meet the following conditions:

1. The township shall issue an administrative decision document to stop construction or make corrections within a time limit;

2. The parties did not apply for administrative reconsideration of the above-mentioned administrative decision, nor did they file an administrative lawsuit;

3. If the parties fail to correct their illegal acts within the time limit in accordance with the above-mentioned administrative decision, when the conditions are met, the township ** organ has the right to forcibly demolish the illegal buildings built by the parties. <>

Legal Analysis: In addition to illegal construction and temporary structures that exceed the approved period, compensation should be given for stopping the trip, but appropriate compensation should also be given for the demolition of temporary buildings that have not exceeded the approved period. Among them, illegal construction refers to the construction in the urban planning area, without obtaining the construction project planning permit or in violation of the provisions of the construction project planning permit, seriously affecting the urban planning; Temporary buildings refer to buildings, structures and other facilities that must be demolished within a time limit, have simple structures, and are temporary, and temporary buildings should have a specified period of use.

Legal basis: Article 22 of the Regulations on the Administration of Urban Housing Demolition: The demolition party shall compensate the person being demolished in accordance with the provisions of these Regulations.

No compensation will be given for the demolition of illegal buildings and temporary construction stools that exceed the approved period; Demolition of temporary structures that have not exceeded the approved time limit shall be appropriately compensated for the destruction.