Is the house more than 20 years ago an illegal building without approval procedures?

Illegal construction refers to the construction of houses and facilities outside the planning area without obtaining the planning permit for the proposed project (the original site and site selection opinion), and the construction of houses and facilities in violation of the provisions of the Land Management Law, the Urban and Rural Planning Law, the Regulations on the Planning and Construction Administration of Villages and Market Towns and other relevant laws and regulations. Illegal buildings have the characteristics of encroaching on safe passages and illegally occupying cultivated land, affecting urban public space, damaging the ecological environment, etc., and many illegal buildings are still hidden in legal buildings. Illegal buildings damage the credibility of the city, destroy the urban landscape, restrict the healthy development of the city and the implementation of urban and rural planning, and also affect the future development of the city.

The state stipulates that not only the illegal building shall be demolished, but the party involved in the illegal construction shall also bear all the costs incurred in demolishing the illegal building. On May 27, 2020, the Ministry of Natural Resources issued the Notice on Strengthening the Supervision and Administration of Land and Spatial Planning, which requires standardizing the approval of planning preparation, strict management of planning permits, implementing full-cycle management of planning, and "zero tolerance" for new illegal constructions.

In accordance with the Town and Country Planning Law.

Articles 40 and 41 stipulate that planning permits for construction projects are required for the construction of housing in urban construction.

In rural areas, it is necessary to apply for a rural construction planning permit.

Those who do not apply for these two documents are illegal buildings.

At the same time, the "Emergency Notice of the General Office of the People's Republic of China on Conscientiously Doing a Good Job in the Demolition of Urban Houses and Maintaining Social Stability" (Guoban Invention Dian [2003] No. 42) stipulates that the procedures for houses with incomplete procedures caused by historical reasons within the scope of demolition shall be in accordance with the current relevant laws and regulations.

Retroactive procedures. It cannot be identified as an illegal building.

The situation you mentioned belongs to the incomplete procedures due to historical reasons, and cannot be identified as an illegal building

Guo Ban Invention Dian [2003] No. 42) Fourth, improve relevant policies and measures, and properly solve the remaining problems.

In line with the principle of seeking truth from facts, all localities should adopt positive and effective measures to conscientiously solve the problems left over from a long delay in the process of demolition and relocation of houses in cities. For the compensation for the property rights within the scope of demolition and relocation, but the business license has been obtained in accordance with the law, the localities may give appropriate compensation according to the actual situation such as their business conditions, business years, and tax payment. For houses with incomplete procedures due to historical reasons within the scope of demolition, the procedures shall be supplemented in accordance with the current relevant laws and regulations.

Where the policy is not clear but is indeed a reasonable requirement, it is necessary to pay close attention to formulating the corresponding policy and deal with it within a time limit; If it is difficult to solve the problem for the time being, it is necessary to patiently and meticulously do a good job of explaining the problem, and actively create conditions to strive for an early solution. For the problem of non-implementation of demolition compensation funds and insufficient resettlement housing due to the inability of real estate development enterprises to complete construction projects, local governments should take effective measures to urge development enterprises to pay close attention to implementation; Or first solve the problem of compensation and resettlement for demolition, and then investigate the responsibility of the developer in accordance with laws and regulations and the demolition contract.

Legal analysis: Houses before 08 years are not considered illegal, and houses built, renovated and expanded before 2008 have complete land use rights. The reason is that China's "Urban and Rural Planning Law" came into force on January 1, 2008, and the final determination of whether urban and rural buildings are illegal buildings is also stipulated in the "Urban and Rural Planning Law".

Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 65 If a rural construction planning permit is not obtained in accordance with the law or construction is not carried out in accordance with the provisions of the rural construction planning permit in the township or village planning area, 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.

The old house in the 80s of the last century, even if there is no approval procedure, cannot be regarded as an illegal building. Because many laws and regulations were not issued at that time, this is a historical legacy, just like our local house built in the 80s of the last century, and now the property right certificate is still being issued.

There is no unified definition of illegal construction in the country, and there are clear regulations in various localities. Generally, it refers to the construction of buildings that have not obtained the planning permit of the construction project or violated the relevant content of the construction project planning permit. Illegal construction mainly includes:

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. Buildings that have not been demolished to become permanent buildings after the construction of temporary buildings beyond the validity period;

5. Buildings built by forging relevant materials to obtain permits from competent authorities.

The absence of a title deed does not necessarily mean that it is an illegal building. Illegal construction refers to the construction of houses and facilities outside the planning area without obtaining the planning permit of the proposed project, and the determination of whether the building is illegal is mainly based on whether the construction process of the building violates the provisions of the Town and Country Planning Law.

Article 64 of the Town and Country 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 the sedan car can take corrective measures to eliminate the impact on the implementation of the plan, it shall be corrected within a time limit and fined between 5% and 10% of the construction project cost; 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 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.

An unlicensed house is a house where a building has not been approved by the ** department or has been built beyond its approved construction scope. Because there are no legal building permits and related documents, there are often safety hazards and legal disputes. In our country, unlicensed houses are in the category of illegal construction.

Twenty years ago, due to the need for land growth, there were some places** where land use was not well managed. Those builders and residents are trying to use vacant land to build unlicensed houses for personal gain. This is illegal and violates the national building management regulations.

Therefore, the unlicensed house 20 years ago is also a type of illegal construction. The construction of these houses has not gone through a standardized licensing process, and there are safety hazards in the construction and use process, such as the quality of the house, fire supervision, infrastructure support, etc. Therefore, it can be considered that an unlicensed house from 20 years ago should be considered as a legal illegal construction.

It is worth noting that although these unlicensed houses are classified as illegal construction, it does not mean that they need to be demolished. **This should be done on a case-by-case basis. For unlicensed buildings with great safety hazards and environmental pollution, they can be demolished or rebuilt.

For other unlicensed buildings, legal means and other means can be adopted to legalize and protect the rights and interests of the building.

In short, unlicensed houses from 20 years ago belong to the category of illegal construction. **Land use management should be strengthened and construction behavior should be strictly regulated. At the same time, the houses with potential safety hazards should be rectified and demolished, and the relatively legal unlicensed houses should also be legalized to protect the rights and interests of housing.