Will the top floor be demolished after it has been illegally built?

Legal Analysis: No. Where illegal buildings, structures, facilities, and so forth need to be compulsorily demolished, the administrative organ shall make a public announcement, and the parties concerned shall demolish them within a set period of time.

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

After an administrative organ has made a decision to demolish an illegal building within a time limit, it directly carries out compulsory demolition within the time limit for demolition, it is an illegal forced demolition. In fact, it is not only that the demolition shall not be directly carried out within the time limit for demolition, but from the above provisions, even if the time limit for demolition expires, as long as it is within the statutory time limit for the parties to apply for administrative reconsideration and file an administrative lawsuit, the administrative organ shall not force demolition.

Legal basis: "Administrative Compulsion Law of the People's Republic of China" Article 44 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. If the parties do not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and do not demolish, the administrative organ may compel the demolition in accordance with law.

If you are found by the urban management department, a demolition notice will be issued, and if you cannot demolish it yourself within the time limit, the urban management department will carry out a compulsory demolition at your expense.

Illegal buildings will definitely be demolished by yourself first, and if you don't demolish them within the time limit, then they will be demolished! And make you pay for the demolition!

Legal analysis: For illegal buildings, the urban and rural planning department can order the builder to stop the construction activities, order the demolition within a time limit, and if it is not demolished, it will be compulsorily demolished.

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

Article 64 Where a construction project planning permit is obtained or construction is not carried out in accordance with the provisions of the construction project planning permit, the competent department of urban and rural planning of the local people's government 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 Where a rural construction planning permit has not been obtained in accordance with the law in a township or village planning area or construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or township 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.

If the construction area of the illegal building on the top floor of the community exceeds the scope of the law and has not been approved by the relevant departments, then the illegal construction needs to be forcibly demolished. This is because the illegal construction of the top floor of the community will not only affect the overall aesthetics and living environment of the community, but also have potential safety hazards, which can easily cause fires, collapses and other accidents, and threaten the life and property safety of surrounding residents.

Forced demolition of illegal buildings needs to be carried out in accordance with legal procedures, must be approved by relevant departments, and relevant parties need to be notified for negotiation before implementation to ensure that the demolition process is legal and compliant. At the same time, in the process of demolition and relocation, it is necessary to minimize the adverse impact on the parties and give necessary compensation and resettlement.

The specific provisions for illegal construction on the top floor are as follows:

1. According to the Regulations on the Administration of Urban Housing Demolition, houses or other buildings built on the top floor of residential or commercial buildings without permission need to be demolished if the construction area exceeds the scope prescribed by law;

2. According to the Law on the Administration of Urban Construction, the construction of a building on the top floor of a residential or commercial building without permission is an unauthorized construction activity and needs to be demolished;

3. According to the "Notice on Further Standardizing and Strengthening the Management of Urban Planning and Construction", buildings built on the top floor of residential or commercial buildings without approval need to be demolished.

In summary, the specific regulations may vary from region to region, and it is recommended to consult the local urban and rural planning department or housing management department for more accurate answers.

Legal basis]:

Article 26 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

If the housing expropriation department and the expropriated person fail to reach a compensation agreement within the contract period determined by the expropriation compensation plan, or the owner of the expropriated house is not clear, the housing expropriation department shall report to the city and county-level people who have made the housing expropriation decision in accordance with the provisions of these Regulations, make a compensation decision in accordance with the expropriation compensation plan, and make an announcement within the scope of housing expropriation.

Compensation decisions shall be fair, including matters related to compensation agreements as provided for in the first paragraph of article 25 of these Regulations.

If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit in accordance with the law.