In the practice of law,There are often some unlicensed houses that are demolished as illegal constructionProfessional expropriation and demolition lawyers classify such issues as ".Demolition and demolition
Once these unlicensed houses are demolished as illegal construction, the compensation will be low or even non-existent. So do these houses have to be demolished? Even if there is no forced demolition, if the expropriator says that because the house is undocumented, it is illegal construction, is it reasonable not to pay compensation?
According to the provisions of Article 40 of the Urban and Rural Planning Law, if the construction of buildings, structures, roads, pipelines and other projects is carried out in the urban or town planning area, the construction unit or individual shall apply to the urban and rural planning department of the city or county or the town people of the province, autonomous region or municipality directly under the Central Government for a construction project planning permit.
From this we derive,An unlicensed house is not the same as an illegal building。We must not be stolen by some expropriators with ulterior motives to change the concept and cause the house to be demolished without compensation, and it should be analyzed on a case-by-case basis.
The illegal construction we often refer to without obtaining a planning permit for construction projects or obtaining a planning permit without building in accordance with the requirements of the certificate. Houses built before the promulgation of the Town and Country Planning Law are obviously not included in this scope, and naturally cannot be identified as illegal construction simply based on whether the house has a certificate or not.
For example, in the actual situation, the following two types of houses.
1.Historic preserved houses
This type of house was usually built earlier, for example, in the fifties and sixties, when it only required a few procedures to approve the construction of the house, and in terms of formalities and documents, it did not meet the requirements of the current law. However, it was not known at the time that the requirements of the law would change later. Moreover, one of the basic principles of China's legal system is that the law does not apply retroactively. Therefore, this kind of building cannot be directly classified as an illegal building, but should be analyzed in combination with the legal background at the time.
2.Houses in the countryside and agricultural houses in the cities.
Because these houses were built early, the relevant property rights management was relatively loose at that time, so many of them did not have title certificates. However, the construction of such houses is not illegal, it is in accordance with the law and is built in accordance with the law. Therefore, although such houses are unlicensed, they can still be compensated when they are demolished.
If a building built after the promulgation of the Town and Country Planning Law without obtaining planning permission is deemed to be "unauthorized", will it not be compensated?
The answer is also no, because there are also corresponding regulations for the identification of illegal construction. Identification of illegal construction materials should be made by the competent department of urban and rural planning, the common people have ordered to stop construction, notice of demolition within a time limit, etc., for the above materials, the administrative counterpart can also apply for a hearing and has the right to state a defense at the hearing, express personal views.
In general,Among the objects of compensation for demolition, it is not that as long as you do not have documents, you cannot be compensatedThere are also many categories of undocumented homes, and there are different situations for different categories.
Generally speaking,Only those that are found to be illegal constructions and temporary structures that have exceeded the approved period cannot be compensated for demolitionFor other unlicensed houses, as long as it is clear that the houses are built in accordance with the law, they can be compensated, and even if they are found to be illegal construction, the administrative counterpart has the right to protect their legitimate rights and interests through hearings and statements.
Demolition and relocation are related to the property rights and interests of the people being demolished, and should be paid attention to, and if necessary, they can also seek the help of professionals to better protect the legitimate rights and interests of individuals. Despite this, lawyer Sheng Ting still has to advise everyoneIf the house is built in accordance with the law or can be corrected by paying a fine, etc., it is still necessary to correct or re-register to avoid more unnecessary troubles in the future.
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