Can rural farms be forcibly demolished if they are illegally built?

There is no forced demolition in our country, rural farms are illegal construction is in violation of the People's Republic of China urban and rural planning law 40th and 64th provisions of the phenomenon, according to the law, the establishment of farms need to apply to the relevant departments for construction project planning permits, when the construction project planning permit is obtained, it is also necessary to strictly follow the provisions of the engineering planning permit for construction, otherwise it is considered illegal construction, the relevant departments can be ordered to stop construction, Correction or demolition within a time limit and a fine of less than 10% of the construction project cost may be imposed.

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

Article 40 Where the construction of buildings, structures, roads, pipelines, and other projects is carried out in the planning area of a city or town, the construction unit or individual shall apply to the urban and rural planning department of the city or county or the town of the province, autonomous region, or municipality directly under the Central Government for a planning permit for the construction project. To apply for a construction project planning permit, the relevant supporting documents for the use of land, construction engineering design plans and other materials shall be submitted. For construction projects that require the construction unit to prepare a detailed construction plan, a detailed construction plan shall also be submitted.

For those who meet the regulatory detailed planning and planning conditions, the urban and rural planning departments of the city and county or the town people of the provinces, autonomous regions and municipalities directly under the Central Government shall issue construction project planning permits. The urban and rural planning departments of the people's governments of cities and counties or the people of towns and towns determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the law, publish the general plans of the detailed construction plans and construction engineering design plans that have been approved.

Article 64 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.

Hello, no, in the process of land acquisition and demolition, if there is illegal demolition, the expropriated person can directly file an administrative lawsuit with the court, asking the court to confirm that the demolition behavior of the relevant departments is illegal and require them to bear the liability for compensation.

Both scenarios are expected to turn around.

Legal Analysis:

1. Yes. No matter how long it takes, the illegal building cannot become legal and will be forcibly demolished. In the event of a new construction, addition, alteration or construction in violation of the building regulations, the personnel shall immediately report to the competent construction authority for handling, and carry out the matters designated by the competent construction authority.

Personnel who report and demolish illegal buildings shall wear identification cards issued by municipalities directly under the Central Government and counties (cities) when performing their duties; Demolition personnel should also carry demolition documents.

2. The competent construction authority of the municipality directly under the Central Government and county (city) shall carry out the survey within five days from the date of receipt of the report of the illegal building inspector, and if it is determined that it must be demolished, it shall be demolished immediately. If it is determined that the demolition requirements have not been constituted, the offender shall be notified to apply for a license in accordance with Article 30 of the Construction Law within 30 days after receiving the notice. If the application for the license of the illegal builder does not comply with the regulations or fails to apply for the license within the time limit, the competent building authority of the municipality directly under the Central Government or county (city) shall demolish it.

Legal basis: Article 65 of the "Urban and Rural Planning Law of the People's Republic of China" in the township or village planning area has not obtained a rural construction planning permit in accordance with the law or has not been constructed 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.

Legal analysis: Rural farms are illegally built and can be demolished in accordance with the law. According to the laws and regulations of our country, 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.

Legal basis: Article 44 of the "Administrative Compulsion Law of the People's Republic of China" 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.

If it is an illegal building, there is no such thing as forced demolition, and the illegal building can be demolished in accordance with the law. However, it is also possible to apply for compensation for the demolition of illegal buildings. It is the responsibility of the administrative department to determine whether it is an illegal building, and it is also the responsibility of the law enforcement department to forcibly demolish the illegal building.

Legal basis: Article 64 of the Urban and Rural Planning Law.

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.

Both scenarios are expected to turn around.

The Civil Code can take a look at it, if the land occupation is not right, and there are no procedures, it should be possible to forcibly demolish. Looking at the construction time, should there be compensation.

Hello, no, whether it is a farm or an ordinary residence, you need to apply to the people's court, otherwise the demolition is illegal.

Judicial demolition is possible. Judicial forced demolition means that if the expropriated person does not apply for administrative reconsideration or does not file an administrative lawsuit within the statutory time limit, and does not perform the compensation decision, the people at the city and county level who made the decision to expropriate the house shall apply to the people's court for compulsory enforcement in accordance with the law.

Legal basis] Article 28 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, if the expropriated person does not apply for administrative reconsideration or does not file an administrative lawsuit within the statutory time limit, and does not relocate within the time limit specified in the compensation decision, the people at the city and county level who made the decision on housing expropriation shall apply to the people's court for compulsory enforcement in accordance with the law. The application for compulsory enforcement shall be accompanied by materials such as the amount of compensation and the location and area of the special account storage, property right exchange housing and swing housing.

Yes, as long as it is not compliant, it can be forcibly demolished.

Forced demolition is possible, and generally will not be demolished.

Even the illegal construction of the house can be demolished, why not the illegal construction of the farm, of course, it can be demolished.

Both scenarios are expected to turn around.

1. If it is an illegal building, there is no forced demolition, and the illegal building can be demolished in accordance with the law. The construction act is illegal, but it is the responsibility of the administrative department to determine whether it is an illegal building, and it is also the responsibility of the law enforcement department to forcibly demolish the illegal building.

2. Legal basis: Article 64 of the Urban and Rural Planning Law of the People's Republic of China has not obtained a construction project planning permit or has not been constructed in accordance with the provisions of the construction project planning permit, and 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 is the process of forced demolition.

1. The demolition person submits an application to the housing demolition management department;

2. The housing demolition management department signs the opinion and submits it to the Municipal Legislative Affairs Office to make a decision on demolition within a time limit;

3. Serve the decision;

4. The demolition party shall apply to the notary public for evidence preservation;

5. Convene a joint meeting to formulate implementation measures and do a good job of persuading the demolished people for the last time;

6. Post a notice of forced demolition;

7. Implement forced demolition.

Hello, no, even if it is an illegal building, it needs to be carried out in accordance with the procedures prescribed by law, and cannot be demolished directly, otherwise the demolition is illegal, and the parties can protect their legitimate rights and interests through legal channels.

Both scenarios are expected to turn around.

Hello, if it is an illegal building, the relevant departments can be demolished in accordance with the law, if the relevant departments do not follow the procedures prescribed by law to demolish, then it is illegal parties can take legal measures to protect their rights and interests.