Procedures for the demolition of illegal buildings, specific procedures for the demolition of illega

Hello: The demolition procedure of illegal buildings is first investigated and collected by the administrative organ to confirm the violation of the building and make a notice ordering the illegal acts to be stopped; If the builder refuses to demolish the illegal building, the demolition party shall submit an application to the housing demolition management department; The Municipal Legislative Affairs Office made a decision on demolition within a time limit; Service of decision; The demolition party shall apply to the notary public for evidence preservation; convening a joint meeting to formulate implementation measures and make a final persuasion work; posting of demolition notices; Forced demolitions. Need to go to the scene to investigate and collect evidence; After determining that it is an illegal construction, the parties will be informed of the relevant facts, reasons and basis, as well as their rights to make statements and defenses; If the reasons given by the parties are not established, the demolition implementation department will make a written decision to order the demolition within a time limit; The demolition implementation department will issue a notice ordering the demolition within a time limit; If the parties do not demolish within the specified time limit, the law enforcement department will force the demolition.

Planning bureau or planning commission. This is the statutory department for the investigation and punishment of illegal construction, and is responsible for the investigation and punishment of illegal construction in the city. Township and town people**.

The scope of its law enforcement is within the planning areas of townships and villages, and in layman's terms, it is illegal construction in rural areas. Comprehensive Administration and Law Enforcement Bureau of Urban Management. That is, "urban management", of course, each region has different regulations on whether urban management has the right to investigate and deal with illegal construction, depending on whether it is authorized by the provincial people.

If it is not the above-mentioned entity, or other entities have not been specially authorized, they do not have the right to investigate and deal with illegal construction, and the demolition households have the right to refuse to investigate and deal with it!There shall be no less than 2 investigators. Investigators should take the initiative to show their law enforcement identification.

If the investigators do not take the initiative to show it, the demolition households may require them to show it, record the key information on the certificate (usually name, unit, number), and retain evidence such as audio and video recordings to facilitate future rights protection. Don't resist an investigation. In this procedure, the houses of the demolished households have not been identified as "illegally built" and will not be subject to the forced demolition procedure, and it is not only meaningless to resist the investigation, but may also be subject to other penalties for obstructing official duties.

Legal basis] in accordance with the Administrative Punishment Law

Article 31: Before administrative organs make an administrative punishment decision, they shall inform the parties of the facts, reasons, and basis for making the administrative punishment decision, and inform the parties of the rights they enjoy in accordance with law.

Article 36: In addition to the administrative punishments provided for in article 33 of this Law that may be given on the spot, where administrative organs discover that citizens, legal persons, or other organizations have conduct that shall be given administrative punishments in accordance with law, they must comprehensively, objectively, and impartially investigate and collect relevant evidence; When necessary, inspections may be conducted in accordance with the provisions of laws and regulations.

Article 44 of the Administrative Coercion Law: Where illegal buildings, structures, facilities, etc. need to be compulsorily demolished, the administrative organ shall make a public announcement and the parties concerned shall demolish them within a time limit. Where a party does not apply for administrative reconsideration or initiate an administrative lawsuit within the statutory time limit, and does not demolish it, the administrative organ may compel the demolition in accordance with law.

Hello, illegal buildings need to be investigated and identified in combination with the actual situation, for the identification of illegal buildings, the parties need to make an administrative penalty decision in accordance with the law, that is, the decision to demolish within a time limit, if the parties do not dismantle within the specified time limit, it is necessary to remind the parties in writing, if the parties have not been demolished, the relevant departments can make a compulsory enforcement decision, if the parties do not apply for administrative reconsideration or file an administrative lawsuit within the time limit, then, the relevant departments can be demolished in accordance with the law.

The first step is to file a case; The second step is the investigation process; The third and fourth steps are the delivery of the penalty decision and the execution of the traces.

Article 44 of the Administrative Coercion Law of the People's Republic of China.

Where it is necessary to compulsorily demolish illegal buildings, structures, facilities, and so forth, an administrative organ shall make a public announcement, and the parties shall be set within a set period of time to demolish them themselves; Where a party does not apply for administrative reconsideration or initiate an administrative lawsuit within the statutory time limit, and does not demolish it, the administrative organ may compel the demolition in accordance with law.

Article 24 of the Regulations of the People's Republic of China on the Expropriation and Compensation of Houses on Land.

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 municipal and county levels make a decision on the expropriation of houses, they shall organize the relevant departments to investigate, identify and deal with the 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.

Legal analysis: The procedures for the demolition of illegal buildings are as follows: 1. Investigation and evidence collection by administrative organs; 2. Determine that the building is an illegal building; 3. Make a notice ordering the cessation of illegal acts; 4. If the perpetrator does not demolish the illegal building, the administrative organ shall issue an administrative penalty notice.

Legal basis: Article 83 of the Land Management Law of the People's Republic of China stipulates that, 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 demolition within a set period of time, it may file a lawsuit with the people's court within 15 days of receiving the decision to order 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.

Procedures for demolishing illegal buildings: 1. The law enforcement agency makes a decision to file a case and investigates the facts of the violation; 2. Inform the illegal parties of the facts of the violation, and if the parties request to hear the evidence, they shall conduct a hearing; 3. Make a penalty decision, and let the parties dismantle it by themselves; 4. After being reminded, if the parties do not dismantle, reconsider or litigate, the law enforcement personnel shall carry out compulsory demolition.

Article 44 of the Administrative Punishment Law of the People's Republic of China: Before making an administrative punishment decision, administrative organs shall inform the parties of the content of the administrative punishment to be given, as well as the facts, reasons, and basis, and inform the parties of their rights to make statements, defenses, and request hearings in accordance with law. Article 45 of the Administrative Punishment Law of the People's Republic of China provides that parties have the right to make statements and defenses. Administrative organs must fully hear the opinions of the parties, and shall conduct a review of the facts, reasons, and evidence submitted by the parties; Where the facts, reasons, or evidence submitted by the parties are sustained, the administrative organs shall.

Administrative organs must not give heavier punishments because of parties' statements or defenses.

Hello, first of all, the relevant departments need to conduct on-the-spot investigation and determination in accordance with the legal procedures, and make an administrative penalty decision for the illegal building, and if the person concerned fails to rectify or demolish it within the time limit, it is necessary to perform the obligation to remind, and inform the parties of the right to make statements and defenses.

The chronological order of the demolition procedure is as follows: the administrative organ investigates and collects evidence to confirm the violation of the building and makes a notice ordering the illegal act to be stopped; If the builder refuses to demolish the illegal building, the demolition party shall submit an application to the housing demolition management department; The Municipal Legislative Affairs Office made a decision on demolition within a time limit; Service of decision; The demolition party shall apply to the notary public for evidence preservation; convening a joint meeting to formulate implementation measures and make a final persuasion work; posting of demolition notices; Forced demolitions.

[Legal basis].

Article 31 of the Administrative Punishment Law: Before making an administrative punishment decision, the administrative organ shall inform the parties of the facts, reasons and basis for making the administrative punishment decision, and inform the parties of the rights they enjoy in accordance with law. Article 36: In addition to the administrative punishments provided for in article 33 of this Law that may be given on the spot, where administrative organs discover that citizens, legal persons, or other organizations have conduct that shall be given administrative punishments in accordance with law, they must comprehensively, objectively, and impartially investigate and collect relevant evidence; When necessary, inspections may be conducted in accordance with the provisions of laws and regulations. Article 44 of the "Administrative Coercion Law" stipulates that if illegal buildings, structures, facilities, etc. need to be compulsorily demolished, the administrative organ shall make a public announcement, and the parties concerned shall demolish them within a time limit.

Where the parties do not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and do not dismantle it, the administrative organ may compel the demolition in accordance with law.

Hello, Yuansen first needs the relevant departments to conduct on-the-spot investigation and determination, and if it is true that the foundation is indeed an illegal building, it is necessary to make an administrative penalty decision and reminder to the parties.