Can I sell a house with illegal construction? Can houses with illegal construction be bought and sol

Therefore, they cannot buy or sell, nor can they go through the procedures for transferring the ownership of the house, and they may not be able to obtain corresponding compensation at the time of demolition.

Illegal buildings cannot be bought or sold.

As a rational builder, if he violates the law even though he knows that permission is required to build a house, his rights are not protected by the law, and not only that, but the building will be demolished regardless of whether it is completed or not, and the person concerned will face a fine, so the illegal building cannot be the object of sale.

2. The contract for the sale and purchase of illegal buildings is not necessarily invalid.

Although illegal buildings can not be bought and sold, but it does not mean that the contract signed by the two parties is absolutely invalid, according to the provisions of the property law, the property relationship and the contractual relationship are independent of each other, in order to encourage market transactions, the failure to go through the registration of property rights, does not affect the validity of the contract, so under what circumstances is the purchase and sale of illegal buildings valid?

1) As long as the builder completes the relevant formalities after the contract is concluded and before the conclusion of the debate in the court of first instance, then the house is no longer an illegal building, and the contract signed by the two parties should be protected by law, and the buyer can request the seller to handle the transfer registration of the house according to the valid contract; If the buyer fails to pay the price, the seller may also require it to perform its contractual obligations or bear the liability for breach of contract.

2) If the builder builds a house on someone else's land and cannot reapply for a real estate certificate, the contract cannot be bought or sold due to illegal construction, so the contract is not protected by law. Even if the defendant has been in the contract for the sale and purchase of the house.

and the plaintiff knew that the house was an illegal building before purchasing the house and was willing to bear the risk, and the sales contract between the two parties was not protected by law. If both parties have already performed the property or goods delivered due to the return of the delivered property, they may request the other party to compensate at a discounted price.

3) The buyer can also request the court to terminate the contract because the purpose of the sales contract cannot be realized, and demand compensation from the other party.

No. No. The contract for the sale and purchase of a house with illegal construction is invalid.

According to Article 40 of China's "Urban Planning Law": if the illegal building seriously affects the urban planning, the local people's urban planning administrative department at or above the county level shall order the construction to be stopped, the demolition shall be restricted or confiscated; Where urban planning is affected but corrective measures can still be taken, it shall be ordered to make corrections within a set period of time and a fine shall be imposed. It can be seen that the property rights of illegal buildings cannot be determined before the urban planning administrative department makes a deal, and of course they are not allowed to be bought and sold. ”

According to Article 40 of the Urban Planning Law, if the illegal construction seriously affects the urban planning, the local competent authority or the city management department at or above the county level will order the building to be stopped, demolished or confiscated; If the planning is affected by the urban planning, but corrective measures can be taken, the infringer will be ordered to make corrections within a time limit and punished at the same time. It should be noted that the ownership of illegal structures cannot be established until a decision is made by the competent administrative department of urban planning. Of course, you can't buy or sell. ”

Illegal buildings can be bought and sold, but the builder needs to reapply for the corresponding permit, because according to judicial practice and relevant regulations, the sales contract involving the illegal building is not necessarily invalid, but the validity of the contract depends on whether the builder re-applies the relevant procedures. Illegal construction refers to buildings in the planning area that have not obtained a planning permit for construction projects or have obtained a permit but actually violate the provisions of the planning permit. In order to make the contract of illegal construction and verification valid, that is, to legalize the sale, the builder of the illegal building must go through the formalities such as the construction project land permit and the construction project planning permit in advance or when performing the sales contract.

If the re-application is not carried out or the re-application procedures cannot be carried out, the sales contract shall be invalid, and there will be a legal risk that the building will be ordered to be demolished by the administrative authority, and the sales contract shall not be able to continue to be performed. Therefore, it is not recommended to buy and sell illegal buildings as the subject matter of the contract, and should first re-register and then buy and sell buildings.

Contract Law of the People's Republic of China

Article 52 A contract shall be invalid under any of the following circumstances: (1) one party concludes a contract by means of fraud or coercion, harming the interests of the state; (2) Malicious collusion, harming the interests of the state, the collective, or a third party; (3) Concealing illegal purposes in a lawful form; (4) harming the public interest; (5) Violating mandatory provisions of laws and administrative regulations.

Article 56 An invalid contract or a contract that has been revoked shall not be legally binding from the beginning. If part of the contract is invalid and does not affect the validity of the other parts, the other parts shall remain valid. Pants rock digging.

Article 57 Where a contract is invalid, revoked, or terminated, it does not affect the validity of the clauses on dispute resolution methods that exist independently in the contract.

Article 58 After a contract is invalid or revoked, the property acquired as a result of the contract shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby, and if both parties are at fault, they shall each bear corresponding responsibility.

Summary. Hello dear, it is a pleasure to serve you <>

You can't buy or sell houses with illegal buildings. 1.Illegal buildings cannot be bought and sold, and the contract for the sale and purchase of illegal buildings has no legal effect.

2.China's laws stipulate that if the illegal building has seriously affected the urban planning, the relevant departments shall order that the construction cannot be continued, and the demolition or confiscation of the building shall be restricted; It affects urban planning but can still take corrective measures.

3.Therefore, the property rights of illegal buildings cannot be determined before the urban planning administrative department makes a decision, and of course the sale and purchase transactions are not allowed.

Can I buy or sell a house with illegal construction?

Hello dear, it is a pleasure to serve you <>

You can't buy or sell houses with illegal buildings. 1.Illegal buildings cannot be bought and sold, and the contract for the sale and purchase of illegal buildings has no legal effect.

2.China's draft law stipulates that if the illegal building has seriously affected the urban planning code, the relevant department shall order that the construction cannot be continued, and the demolition or confiscation of the building shall be restricted; It affects urban planning but can still take corrective measures.

3.Therefore, there is no way to determine the property rights of illegal buildings before the urban planning administrative department Chi Min has made a decision, and of course the sale and purchase transaction is not allowed.

Extended information: 1. Illegal buildings cannot be bought and sold As a rational builder, if he still violates the law when he knows that permission is required to build a house, his rights are not protected by law, not only that, but whether the building is completed or not will be demolished, and the parties will face fines, so the illegal construction of empty beams cannot become the object of sale. 2. The contract for the sale and purchase of illegal buildings is not necessarily invalid Although the illegal buildings cannot be bought and sold, it does not mean that the contract entered into by the two parties is absolutely invalid, in accordance with the provisions of the Civil Code of Douji, the property relationship and the contractual relationship are independent of each other, in order to encourage market transactions, if the property right is not registered, it does not affect the validity of the contract.

Can you buy or sell those who have paid a fine?

Kiss, you can't buy and sell, and there are a lot of other problems in the future.

On what basis?

Legal basis: Article 64 of the Urban and Rural Planning Law of the People's Republic of China has not obtained a planning permit for a construction project or has not been constructed in accordance with the provisions of the planning permit for the construction project of the old mausoleum, and the competent department of urban and rural planning of the local people's ** 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 153 of the Civil Code of the People's Republic of China: Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid.

What about re-planning the retained?

Dear, you can have a planning permit.

Summary. 1. Illegal buildings cannot be bought and sold. The illegal building itself is an illegal act, and the ** department can make a decision on demolition and transformation.

The subject matter of the sales contract must be legal and cannot violate the law. 2. Legal basis: In accordance with the first and second paragraphs of Article 40 of the Urban and Rural Planning Law of the People's Republic of China for the construction of buildings, structures, roads, pipelines and other projects in the urban and town planning areas, the construction unit or individual shall apply to the urban and rural planning department of the city or county or the town people determined by the people of the province, autonomous region and municipality directly under the Central Government for a construction project planning permit.

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.

You're sorry, and I'm honored to answer for you! Can a house with illegal construction be bought and sold: 1. A house with illegal construction cannot be bought or sold.

2. The sale and purchase of the stove and house of the illegal building is invalid, because the illegal building does not have legal procedures, or its construction is illegal, so it cannot become the legal subject matter of the contract transfer, and the act of transferring the illegal and hidden building shall be invalid. Hope it helps.

1. Illegal buildings cannot be bought and sold. The illegal building itself is an illegal act, and the ** department can make a decision on demolition and transformation. The subject matter of the sales contract must be legal and cannot violate the law.

2. Legal basis: In accordance with the first and second paragraphs of Article 40 of the Urban and Rural Planning Law of the People's Republic of China, if buildings, structures, roads, pipelines and other engineering types are constructed in the urban and town planning areas, the construction unit or individual shall apply for a construction project planning permit to the urban and rural planning department of the city or county or the town people determined by the people of Buyan of the province, autonomous region or municipality directly under the Central Government. 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.

Summary. Illegal construction refers to the construction of new construction, expansion and reconstruction in violation of laws and regulations in the urban planning area without obtaining a construction project planning permit or in violation of the provisions of the engineering planning permit, or the construction of a new construction, expansion or reconstruction by fraudulent means to obtain approval, which seriously affects the urban planning. Article 40 of the Town and Country Planning Law stipulates that:

If the illegal building seriously affects the urban planning, the people's urban planning administrative department at or above the county level shall order the construction to be stopped, restricted from demolition or confiscated; If it affects urban planning but can still take corrective measures, the local people's planning administrative department at or above the county level shall order it to make corrections within a time limit and impose a fine.

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Dear, glad to answer for you! <>

Illegal building holes are not allowed to be bought and sold. The property rights of illegal buildings cannot be determined before the urban planning administrative department has made a deal, and of course it is not allowed to be bought and sold. If part of the house is illegally built, and there is a dispute over the ownership of the house that is legally decayed and withered, the interested party may apply for confirmation of the right to the house.

Illegal construction refers to the construction of new, expanded or reconstructed buildings that violate laws and regulations in the urban planning area without obtaining a construction project planning permit or violating the provisions of the engineering planning permit, or using deceptive means to deceive the construction of buildings that have been newly built, expanded or reconstructed, which seriously affects the urban planning. Article 40 of the Urban and Rural Planning Law stipulates that if the illegal building seriously affects the urban planning, the people's urban planning administrative department at or above the county level shall order the construction to be stopped, restricted from demolition or confiscated; If it affects urban planning but can still take corrective measures, the people's planning administrative department at or above the county level shall order it to make corrections within a time limit and impose a fine.

After the penalty, can I buy and sell?

Buying and selling can only buy and sell the legal part! The illegal part still can't be sold!

It is based on the ordinance.

The first paragraph of Article 153 of the Civil Code stipulates: "A civil juristic act that violates the mandatory rules and regulations of laws and administrative regulations shall be invalid." The contract for the sale and purchase of illegally built houses is invalid because it violates the mandatory provisions of laws and administrative regulations.

From the perspective of the legal theory, the contract for the sale and purchase of an illegally built house is invalid because the subject matter of the sale is illegal.

This is like the fiftieth floor of the 50th floor, the fine of 50 million for illegal construction has been paid, I buy 300 square meters on the 50th floor, is it okay.

Illegal construction fines do not become legal buildings! Therefore, if you want to buy and sell after the penalty, you can only buy and sell within the scope of property rights!

What if he's done with the planning reservations.

If after the formation of illegal buildings, the planning into Zheng Xiaochong adjusted to change the nature of the original illegal buildings, it is possible to bridge the bridge and not demolish, but you also need to have a real estate certificate if you want to buy and sell!