Do you want to forcibly demolish the illegal construction of a household and a house, and the illega

Illegal construction of one household does not have to be demolished. If the house is indeed found to be illegally built, such as seriously affecting the planning and occupying basic farmland, the illegal construction nature of the house will not be changed because it meets the requirements of "one household, one house", and it will be forcibly demolished. If there is no planning permit, under the condition that it does not violate the master plan and does not change the nature of the land, the relevant procedures for planning permission can also be completed on the premise that it meets the relevant policies such as one house per household and meets the local homestead area, and this situation will not be forcibly demolished.

Where it is ordered to demolish the newly built buildings and other facilities on illegally occupied land within a specified period of time, the construction unit or individual must immediately stop the construction and demolish it on its own, and the organ that made the penalty decision has the right to stop the continued construction. If the construction unit or individual is dissatisfied with the administrative punishment decision ordering the 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 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.

Rural villagers without approval or fraudulent means to obtain approval, illegal occupation of land to build a house, by the people's land administrative departments at or above the county level ordered to return the illegally occupied land, demolition of the illegally occupied land on the newly built houses within a time limit. Where agricultural land is changed into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be demolished within a time limit and the land shall be restored to its original state.

[Legal basis].

Article 62 of the Land Management Law of the People's Republic of China Rural villagers can only own one homestead per household, and the area of their homestead land shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.

In areas where per capita land is small and one household cannot be guaranteed to own a homestead, the county-level people should fully respect the wishes of rural villagers;

Measures may be taken to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

Hello, it depends on the specific situation, if it is caused by historical problems, then it is generally not appropriate to identify it as an illegal building and demolish.

1. Should a house be forcibly demolished if it is illegally built?

1. Whether a household or a house is illegally built or not depends on the situation

1) If there is no planning permit, under the condition of not violating the overall plan and not changing the nature of the land, on the premise of complying with the relevant policies such as one household and one house and meeting the local homestead area, the relevant procedures for planning permission can also be completed, and it will not be forcibly demolished;

2) If the house does have serious illegal circumstances, such as seriously affecting planning, occupying basic farmland, etc., it will be forcibly demolished.

2. Legal basis: Article 62 of the Land Management Law of the People's Republic of China.

Rural villagers can only own one homestead per household, and the area of their homestead must not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers.

The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.

The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences.

The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.

2. Is there any compensation for the demolition of illegal buildings?

There is no compensation for the demolition of illegal buildings. If it is recognized as a legal building and a temporary construction that has not exceeded the approved period, compensation shall be given; No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period.

Legal Analysis: Depends on the circumstances. After the competent department of urban and rural planning makes a decision to order the demolition of an illegal building of one household and one house within a time limit, after the party concerned fails to 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 compulsory demolition measures.

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, 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 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.

The only dwelling is illegally occupied and can be forcibly demolished. The illegally occupied land will be ordered to be returned, and the newly built houses on the illegally occupied land will be demolished or confiscated within a time limit. Therefore, this kind of house is also an illegal house, which will be punished or demolished; If the house is not built in violation of regulations, it cannot be forcibly demolished.

Where the person subject to enforcement raises an objection on the grounds that the subject matter of enforcement is a residential house necessary for the maintenance of life for himself and his or her dependents, the people's court will not support it

1) The person who has an obligation to support the person subject to enforcement has other residential houses in his name that can maintain the necessities of life.

2) After the basis for enforcement takes effect, the person subject to enforcement transfers other houses under his name in order to evade debts.

3) The person applying for enforcement provides residential housing for the person subject to enforcement and his or her dependents in accordance with the local standard for the guaranteed area of low-rent housing, or agrees to deduct five to eight years' rent from the price of the house with reference to the average rent standard of the local housing rental market. Where the basis for enforcement determines that the person subject to enforcement has delivered a house for residence, a grace period of three months has been given since the date of service of the enforcement notice, and the person subject to enforcement raises an objection on the grounds that the house is necessary for him and his family members to maintain his or her life, the people's court will not support it.

[Legal basis].

In accordance with Article 40 of China's "Urban and Rural Planning Law", those who have obtained the "Building Land Planning Permit", "Site Selection Opinion" and the relevant procedures for the land in the early stage, and can obtain the final "Housing Construction Permit" or real estate property right certificate by correcting or completing certain procedures, can go through the supplementary procedures, and should be given the opportunity to correct or correct within a time limit. If the land use right certificate has been obtained, but there is no real estate certificate, or there is no relevant planning procedures for the construction project, because a certain number of procedures have been obtained, but the license is not complete, it can be reissued.