If the EIA is not completed and the construction is started, will such an act inevitably lead to the consequences of forced demolition?The answer is no. Construction before approval, that is, the phenomenon of starting construction without examination or without passing the examination of the environmental impact assessment documents of the construction project, China's law has clear penalties for this.
According to the law, for the act of building without approval, the punishment methods in this situation include the following:
First, enterprises must be ordered to stop construction, which is the first measure.
2. Depending on the severity of the violation, the enterprise will also face the penalty of a fine.
3. The person in charge who is directly responsible and other persons who are directly responsible shall be given certain administrative sanctions.
Fourthly, in some cases, restitution is also a legal response.
The application of these penalties is not only based on the existence of the violation, but also needs to consider the severity of the violation and the harmful consequences caused. The specific handling decision depends on the severity of the violation and the harmful consequences caused, and the law enforcement department will make a reasonable penalty decision based on the actual situation and comprehensive consideration of various factors.
Therefore, in the case of construction without approval, forced demolition is not the only way to deal with it. If the harm of the construction project is small and does not cause serious consequences, the method of ordering the construction to be stopped, and imposing certain fines and administrative sanctions may be taken. If the degree of harm of the construction project is large, it may be necessary to carry out compulsory demolition and bear the corresponding legal responsibility.
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