Whether it is a commercial building or an ordinary residential building or bungalow, there are two situations, one is legal and the other is illegal. Legal commercial buildings or ordinary residential buildings and bungalows (rural houses) must have relevant approval procedures for building and handling housing ownership certificates, etc., while it is needless to say that they have not applied to the relevant departments for approval of building houses and construction planning permits in accordance with relevant laws and regulations, that is, the builders have occupied land without authorization to build structures and buildings.
Let's talk about legal buildings first, legal buildings are actually no worries for the people, once they are demolished, the relevant departments need to give reasonable and fair compensation to the expropriated person in accordance with the law (the principle is not lower than the original living standard of the expropriated person). However, illegal construction is not necessarily, and the house itself does not have relevant building procedures, so once this kind of house is demolished, the compensation is naturally not comparable with the legal building, and it will be reduced a lot, and some if the circumstances are serious, they may not get a penny of demolition compensation, and they will be demolished in vain.
Of course, even if the illegal building is not demolished, as long as it is complained about, reported, and found by the relevant departments in environmental remediation, the punishment (fine) or compulsory demolition is the end they are about to face. Therefore, in order to live without worries in the future, it is recommended that the people must apply for the construction procedures of the relevant departments at the next level in accordance with the relevant laws and regulations before building a house, so as to avoid being identified as an illegal building by the relevant departments in the future.
However, recently, a party in Henan consulted a lawyer and said that his house was built five years ago, and he did not go through the relevant approval procedures when he built the house, but simply said to the village committee that the house is now identified as an illegal building by the relevant departments (immediately facing demolition), and made a notice to himself ordering the demolition of the illegal building within a time limit, which requires him to demolish the house within 20 days, but he heard that as long as the illegal building is not punished within two years, it will become a legal building, and can no longer be punished, and now the relevant departments require themselves to demolish whether it is illegal？
I believe that the vast majority of people will think so, which may be based on the first paragraph of Article 36 of the "Administrative Punishment Law", which stipulates that if the illegal act is not discovered within two years, no administrative punishment will be given. Except as otherwise provided by law.
So, if no illegal building is found to exist within two years, and no punishment is imposed for illegal building within two years, can an illegal building really become a legal building?Is there really no need to give administrative penalties anymore?
Here, Kainuo lawyers need to tell everyone very clearly that the illegal building has not been discovered and punished within two years, which does not mean that the illegal building can be changed from an illegal building to a legal building, so the statement that "an illegal building can become a legal building if it is not discovered and punished within two years" in the mouth of the majority of people is definitely wrong.
Under normal circumstances, as long as the illegal acts have been in a continuous and continuous state, then as long as the relevant departments receive complaints and reports, and file a case for investigation and identification, they can deal with the illegal buildings at any time in accordance with the "Land Management Law", "Urban and Rural Planning Law" and other relevant laws and regulations, and will not give up the punishment of illegal buildings because they are not found and punished within two years.
According to the second paragraph of Article 36 of the "Administrative Punishment Law", "the time limit provided for in the preceding paragraph shall be calculated from the date of occurrence of the violation;Where the illegal conduct is continuous or continuing, it is calculated from the date on which the conduct ends."
In addition, in the relevant adjudication cases, the court also clearly pointed out that although the illegal construction has been carried out, the impact of the act on the implementation of the plan is still in a continuous state, and as long as the building is not demolished or corrective measures are taken in accordance with the law, the impact will always exist, so it should be determined that the statute of limitations for administrative punishment has not expired.
Otherwise, if the two-year statute of limitations applies to such illegal construction, then the illegal building that has not obtained the construction project planning permit may become a legal building because it has not been investigated and dealt with within two years after the completion of construction, which obviously violates the original intent of the administrative punishment law on the statute of limitations, and will inevitably lead to confusion or nihilism in urban and rural planning management.
The above-mentioned adjudication cases and relevant laws and regulations have once again confirmed that it is impossible for an illegal building to become a legal building because it has not been discovered and dealt with within two years.
However, friends who read the article carefully may find that there is a continuous state and a continuous state in the "Administrative Punishment Law" and related adjudication cases. So what is a continuous state?
For illegal buildings, the continuous state referred to in the relevant laws and regulations refers to the continuous or continuous state of illegal construction from the beginning of construction to the successful construction of illegal buildings, and the relevant departments can impose penalties (fines or demolition) on illegal buildings at any time, without being limited by the two-year statute of limitations.
To sum it up more simply, in the absence of other objective factors such as historical problems, as long as the illegal building has always existed and has not been eliminated, no matter how long it has been, no matter whether two years have passed, once the relevant departments have discovered the illegal building, then it can be punished at any time, and it is not subject to the two-year statute of limitations.
Therefore, Mr. Kainuo would like to warn everyone again that when building a house, you must not leave anything to chance, and you must go through the construction planning permit and other formalities in accordance with the relevant provisions of the "Land Management Law" and the "Urban and Rural Planning Law" in accordance with laws and regulations, otherwise even if the house is completed, it may face the situation of being demolished.