Is it illegal for the village committee to demolish primary schools?

Hello, the village committee's demolition of the primary school is not considered an illegal act, because the primary school is considered the property of the village department, it is not counted, it is like this, I hope it can help you!

It is illegal for a village committee to demolish a primary school without the consent of a higher authority.

If the village committee has a demolition order, it is not illegal, otherwise it is illegal.

The village committee demolished the primary school.

Of course, it is illegal.

Demolition is not allowed without documentation for demolition.

If it is a village committee of a primary school in a village, and he has the money to decide to withdraw from the affiliated primary schools in these villages, this will not be issued to the village committee, which is not illegal, and has the right to decide to withdraw from the primary school in the village.

Is it illegal to break out of elementary schools? Is this Kang this school demolished? If it was demolished, he wouldn't be illegal.

If the school has been merged and there are no students, it will definitely not be counted.

If the primary school is no longer there, it means that the school has been abandoned, and there is no problem with the village committee demolishing it.

Hello friends, it depends on whether the land use certificate of this small school has been processed, whether it is an illegal building, and if there are normal procedures, then the village committee has no reason to forcibly demolish it.

The demolition of primary schools by village committees is considered illegal, and it depends on whether the demolition should be done and whether it is allowed by the state. If it is demolished without permission, it is definitely illegal.

I don't know the cause and effect, and I can't tell if it's such an act?

1. Who has the right to demolish illegal buildings in the village.

1. The people of the illegal township and town in the village have the right to demolish it. After the township people discover the illegal construction of the village under construction, they shall immediately order the construction to be stopped in writing, and if the party does not stop the construction, the construction site may be sealed.

2. Legal basis: Article 65 of the Urban and Rural Planning Law of the People's Republic of China.

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 criteria for identifying illegal construction?

1. Buildings built without applying or applying for approval, and without obtaining a construction land planning permit and a construction project planning permit;

2. Buildings built without authorization to change the provisions of the construction project planning permit;

3. Buildings built without authorization that have changed the nature of use;

4. Setting up temporary buildings as permanent buildings without authorization.

No compensation will be given for the demolition of illegal buildings and temporary structures beyond the approved period. There is no provision for no compensation for unlicensed housing. If the unlicensed house is forcibly demolished without any conclusion, the right to claim damages arises.

Among them, there should be legal documents for the determination of illegal construction, and the parties who are dissatisfied enjoy the rights of defense, reconsideration, litigation and so on.

Legal analysis: the village committee is a self-governing organization of villagers, is a self-management, self-service organization, in the existing law, the village committee is not forced to carry out the demolition and relocation, if the village committee wants to recover the land, according to the procedure should first be discussed by the village committee, to determine the resumption of the plan and compensation standards, and then submitted to the villagers' congress or the villagers' meeting for deliberation and approval, before it can be implemented.

Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 65 In the township or village planning area, if the planning permit for rural construction is not obtained in accordance with the law or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the people of the township or town shall be ordered to stop the construction and make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled.

Demolition of schools violations. The destruction of public property is an offence and, if serious, may constitute a crime.

The following conditions must be met to open the account:

1. A family living together and not living together because of marriage;

2. The divorced and married parties who have been sentenced or mediated by the court have the right to live in the house and do live here;

3. As a city resident, if you don't have an independent property, you can't be a single independent household;

4. If it is a rural household registration, a family has only one child, and the child does not have an independent property after marriage, nor can it be a single independent household, and if there are more than 2 children, even if the child does not have an independent house after marriage, the household registration of more than one married child can be divided. According to the relevant laws and regulations, the split of the household registration book is the separation of the account. If the members of the household are still residing at the same address, and need to divide the household due to marital relations or changes in property rights, etc., they may submit the "Resident Household Booklet", the "Resident Identity Card" of the original head of the household, and one of the relevant materials, and submit an application to the public security police station at the place of household registration.

The Chinese people respect Article 19 of the Regulations of the People's Republic of China on Household Registration.

When a citizen's household registration changes due to marriage, divorce, adoption, household separation, merger, disappearance, recovery or other reasons, the head of the household or himself shall report the change of registration to the household registration authority.

Illegal. The village committee has no right to demolish illegal buildings, according to the provisions of the "Sunyu Urban and Rural Planning Law", the illegal buildings on the collective land shall be investigated and collected by the township **, and after the investigation is completed, it shall be submitted to the local people's ** urban and rural planning department at or above the county level for review.

1. The illegal construction cannot be demolished within a period of time.

Illegal buildings that have not fulfilled the statutory registration can be demolished at any time without distinguishing between time. If the illegal building does not comply with the law, and the competent department of urban and rural planning makes a decision to order the construction to be stopped or demolished within a time limit, the local people at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing the construction site and compulsory demolition.

3. How to deal with illegal buildings?

According to 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 of the Urban and Rural Planning Law, 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 be ordered to stop the construction and make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled.

For illegal construction in the village, the urban and rural planning department has the right to demolish it. Illegal buildings do not comply with the law, and have the characteristics of encroaching on safe passages, illegally occupying cultivated land, affecting urban public space, and damaging the ecological environment.

Regulations on the Expropriation and Compensation of Houses on State-owned Land

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 law. Before the people at the city and county level 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.

Urban and Rural Planning Law of the People's Republic of China

Article 65.

In the township or village planning area, if the rural construction planning permit is not obtained in accordance with the law or the construction bench is delayed in accordance with the provisions of the rural construction planning permit, the township or town people shall be ordered to stop the construction and make corrections within a time limit;

If it is not corrected within the time limit, it may be dismantled.

It is illegal for the village committee to forcibly demolish illegal buildings. Mass autonomous organizations of village committees do not have the qualifications of administrative entities and do not have the power to exercise administrative compulsory enforcement. If it is a building that violates the rules and regulations and should be demolished, the village committee shall apply to the local people's court to forcibly demolish the illegal building.

1. Is there any compensation for demolition and relocation of illegal construction?

According to the relevant laws, the fact that no compensation is given in accordance with the law when demolishing an illegal building does not mean that the materials used in the demolition of the illegal building are also not compensated. For example, if the tenant of an illegal building has fulfilled his duty of care under normal circumstances, but still does not know that the house he leases is an illegal building, if the illegal building is demolished, the tenant of the house shall be compensated and resettled in accordance with the law.

2. What are the legal risks of buying a house without property rights?

The legal risks of buying a non-titled house are:

1) Houses without property rights certificates are not easy to go through the procedures for changing property rights, and there are transaction risks. It is difficult for the owner of a house without a property right certificate to exercise its rights of sale, mortgage, lease and shareholding, and it is difficult to make the best use of its rights, resulting in the buyer's legitimate rights not necessarily being effectively protected.

2) When the house is demolished, the owner of the house without the title certificate cannot receive compensation equivalent to the value of the house with the title certificate.

3) If the house without a property right certificate is identified as an illegal building, it will also face administrative penalties and forced demolition. Of course, houses without title deeds should be protected accordingly within the framework of the current law. Even if an unlicensed house is an illegal building, no one other than the statutory authorities may encroach upon, damage or demolish it, otherwise the owner of the house without a property right certificate may request the return of the property, remove the obstruction and compensate for the loss.

4) In the event of a dispute between a person who has a property right and a neighbor in exercising his or her housing rights, the provisions on the relationship between the neighbors shall apply, and the rights shall be restricted and expanded.

5) When there is a dispute between the buyer and seller of a house without a property right certificate and needs to be resolved through legal means, the danger of a house without a property right certificate is even more obvious. If the title deed is still not issued, the contract signed by the buyer and the seller is invalid, and any terms agreed upon in the contract are worthless.

3. Can the court of an estate without a real estate certificate make a judgment?

For a house without a property ownership certificate, if it is a rural house, the court will determine the ownership of the estate based on the homestead use right certificate or the certificate of the village committee;

Then according to the will of the deceased and the actual situation, how to inherit is decided; If there is no title deed for the town house, the court will not decide how to divide the property and inherit it.

If there is no title certificate because it is an illegal building, the house cannot be inherited.

Article 83 of the Land Management Law, in accordance with the provisions of this Law, if the newly built buildings and other facilities on illegally occupied land are ordered to be demolished within a time limit, the construction unit or individual must immediately stop the construction and demolish it on its own; If the construction continues, the organ that made the penalty decision has the right to stop it. If the construction unit or individual is dissatisfied with the administrative penalty decision ordering the demolition within a set period of time, it may file a lawsuit with the people's court within 15 days from the date of receiving the decision to order the demolition within a set period of time; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the offender.