New regulations on illegal construction and forced demolition of houses in 2022

What are the latest regulations on illegal building demolitions?

Illegal buildings can be forcibly demolished in accordance with the law, but it does not mean that citizens and legal persons are allowed to deliberately damage and demolish illegal buildings.

Article 5 of the Urban and Rural Planning Law of the People's Republic of China The preparation of overall urban planning, overall town planning, township planning and village planning shall be based on the national economic and social development plan and shall be connected with the overall land use plan.

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Sixth people at all levels should be included in the budget for the preparation and management of urban and rural planning.

Article 7 Urban and rural planning approved in accordance with law is the basis for urban and rural construction and planning management, and shall not be amended without legal procedures.

Eighth urban and rural planning organization and preparation organs shall promptly publish the urban and rural planning approved in accordance with law. However, there is an exception for content that laws and administrative regulations provide must not be disclosed.

Nineth units and individuals shall comply with the urban and rural planning approved and published in accordance with the law, subject to planning management, and have the right to inquire with the competent department of urban and rural planning on whether the construction activities involving their interests meet the requirements of the plan.

Article 66 If the construction unit or individual has any of the following acts, the competent department of urban and rural planning of the local city or county shall order it to be demolished within a time limit, and may be fined less than one time the cost of the temporary construction project

1) Temporary construction without approval;

2) Failure to carry out temporary construction in accordance with the approved content;

3) Temporary buildings and structures are not demolished beyond the approved time limit.

Article 68 After the competent department of urban and rural planning makes a decision to order the cessation of construction or demolition within a time limit, if the parties do not stop the construction or do not demolish it within the 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.

Hello, the demolition of illegal buildings needs to be carried out in accordance with laws and regulations, if not carried out in accordance with laws and regulations, then it infringes on the legitimate rights and interests of the parties, at this time, the parties can take legal measures to protect their legitimate rights and interests.

The new regulations on illegal construction and demolition in 2022 are inseparable from the following aspects: 1. For houses without certificates, compensation must be paid if there are relevant certificates; 2. Demolition and relocation transition fee; 3. Distinguish between houses and homesteads; 4. Monetary compensation and equivalent replacement; 5. Compensation for demolition and relocation; 6. Compensation for losses caused by suspension of production and business; 7. It is strictly forbidden to forcibly demolish, not have a legal demolition permit, and demolish first and then relocate. According to the relevant laws and regulations, the compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes:

1) Compensation for the value of the expropriated house; (2) Compensation for relocation and temporary resettlement caused by the expropriation of housing; (3) Compensation for the loss of dust and dust caused by the suspension of production and business due to the expropriation of housing. The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

The new provisions on illegal construction and forced demolition of houses are as follows: In accordance with the spirit of the relevant provisions of the Administrative Coercion Law and the Urban and Rural Planning Law, the law has granted the administrative organ the right to enforce the compulsory demolition of illegal buildings, structures, facilities, etc., which are involved in violation of the Urban and Rural Planning Law, and the people's court will not accept the non-litigation administrative enforcement application submitted by the administrative organ. After the urban and rural planning department makes a decision to order the demolition within a time limit, if the party fails to demolish within the time limit, it may be forced to demolish.

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

Article 68.

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 does not stop the construction or does not demolish it within the 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. Article 66.

If the construction unit or individual has any of the following acts, the competent department of urban and rural planning of the city or county shall order it to be demolished within a time limit, and may be fined less than one time the cost of the temporary construction project

1) Temporary construction without approval;

2) Failure to carry out temporary construction in accordance with the approved content;

3) Temporary buildings and structures are not demolished beyond the approved time limit.

The regulations for the demolition of illegal buildings are as follows:

1. If planning permission should be obtained but planning permission is not obtained, and it does not conform to the village plan, it shall be demolished within a time limit;

2. If it conforms to the village plan, it shall be ordered to make corrections within a time limit, and if it is not corrected, it shall be demolished within a time limit;

3. If the planning permission has been obtained, but the construction is carried out in violation of the content of the planning permission, it shall be ordered to make corrections within a time limit, and if it is not corrected, it shall be demolished within a time limit;

4. The time limit for ordering correction and demolition within a time limit is generally not more than 15 days.

Can illegal houses in rural areas be forcibly demolished?

Illegal houses in rural areas can be forcibly demolished, but 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 basis: Article 77 of the Land Management Law of the People's Republic of China.

Anyone who illegally occupies land without approval or by fraudulent means to obtain approval by deception, shall be ordered to return the illegally occupied land by the competent department of natural resources of the people's people at or above the county level, and if the agricultural land is changed to construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally occupied land shall be demolished within a time limit, and the original state of the land shall be restored, and the newly built buildings and other facilities on the illegally occupied land shall be confiscated and fined if they conform to the overall land use plan; The directly responsible managers and other directly responsible personnel of units that illegally occupy land shall be punished in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

If the amount of land is occupied in excess of the approved amount, the excess land shall be punished as illegal occupation of land.

Rural demolition violations, these types of houses will be forcibly demolished.

1.Illegal houses.

Illegal houses can be divided into the following three types:

1) Occupying cultivated land to build houses, according to relevant laws and regulations, using cultivated land for non-agricultural purposes and building houses without the approval of relevant departments, is an illegal house.

2) Houses built without approval, according to the "Measures for the Administration of Rural Homesteads", those that have not been approved are illegal houses.

3) Building a house outside the scope of homestead planning is also an illegal building according to the "Measures for the Administration of Rural Homesteads".

2.Illegal construction of large sheds.

Needless to say, in 2018, the state issued policies related to the renovation of large sheds, requiring all localities to increase the cleaning and remediation of illegal "greenhouses" in rural areas, and martial arts ** has also issued relevant policies, and specific policy details can be found in relevant policy documents. It is understood that the occupation of permanent basic farmland to build a large shed is an illegal building and will be demolished.

3.Illegal factory building.

With the development of the rural economy, some people go out to work, but do not want to waste the fields, so they rent to some people who come to the countryside to engage in development, these people will use the farmland to build factories and farms, if they are not approved, it is illegal and illegal houses, this kind of factories and farms will also be demolished, at the same time, the state is also vigorously rectifying the rural environment, where the pollution of the plant and farm will not only be punished, but even dismantled and dismantled!