Illegal construction refers to buildings built in urban planning areas without obtaining a construction project planning permit or in violation of the provisions of the construction project planning permit, or occupying land for new construction, expansion and renovation by fraudulent means to obtain approval. However, there are also some buildings that have been built for a long time, and it is difficult to obtain planning permits for construction projects, and these old houses are called "problem houses" left over from history. What happened to the narrator of this episode who rented land to build a building, but was identified as an "illegal building" more than a decade laterLet's walk into the old house turmoil in this issue of "Fact Review".
The old house that has been lived in for more than ten years has encountered a storm of expropriation
According to the narrator Chen Shunguang (pseudonym) and the materials provided, since 2010, Chen has rented about 5 acres of idle land for the unit test station in order to build a deep processing enterprise of agricultural and sideline products. After the land lease contract was signed, Chen carried out environmental remediation and compensation for residents' ground attachments on the relevant land, and built a business site integrating housing, office and warehousing, which was also reported to the lessee and approved by the unit. During the duration of the contract, Chen also paid the rent as agreed.
In 2020, Chen's leased land was included in the scope of expropriation of local rail transit projects. In 2022, the local ** launched the illegal inspection procedure, and Chen's house was characterized as an illegal building, and it was forcibly demolished by the sub-district office in September 2023.
Chen believes that his building has been reported as a rental unit and has been approved, and should be compensated to a certain extent. After the house was demolished, Chen's life became poor, and he hoped to get compensation from the local **. Because of the similar situation of a similar plot like Chen, there were compensation measures in the early stage, and it should be treated fairly.
Experts deeply analyze the legal truth behind the casephase
In my country, what is the process of house demolition?Is the building involved in the case a legal construction?Will there be compensation if the building is demolished?In the second half of the program, Professor Tan, a professor of law, and Jiang Jiansheng, a commentator, analyzed the case respectively, and at the same time gave suggestions on the next ways for the narrator Chen to defend his rights.
Professor Tan, a professor of law, explained the process of housing expropriation and demolition in China: Regarding housing expropriation, China has the Regulations on the Expropriation and Compensation of Houses on State-owned Land. "When it comes to the specific expropriation process, we have to draw up an expropriation compensation plan first, and then there is a requirement for information disclosure. If there are a lot of stakeholders involved, we may have to hold a hearing. In addition, it is necessary to conduct a thorough investigation of the properties of the houses within the scope of expropriation, including its location, ownership relationship, use, and construction area. If it is a legal building, not only should the expropriation decision be announced in a timely manner, but compensation will also be involved later, not only to compensate for the value of the house, but also to compensate for other related expenses such as suspension of work and production and resettlement caused by the expropriation of the house, which also involves value assessment. These are all processes to go through. ”
Regarding the situation of the narrator of this case, Professor Tan, a professor of law, believes that in this case, some "historical problem houses" built by the parties are currently on the fringes of the policy, and the practices are different in different places, some of them are compensated, and some are compensated proportionally, which is compensation in consideration of historical factors and the needs of social stability. It is also necessary to consider the fairness of similar situations in the same location.
Commentator Jiang Jiansheng believes that the parties signed an agreement, wrote an application, signed a relevant contract, and built the house involved with the local unit. However, the relevant building was found to be illegal many years after the construction of the house in question, which clearly violated the principle of protection of trust interests.
Finally, the two teachers also gave advice to the narrator on what to do next. Commentator Jiang Jiansheng believes that judging from these materials, the parties' actions to protect their own rights and interests must be carried out in the track of the rule of law. A summary of the executive meeting of the district ** and a working paper of the city ** on the "problem housing" left over from the history are important because according to the principle of "subordinate law obeys superior law", these two documents are instructive.
Professor Tan added that the follow-up can also be seen whether the relevant local departments can be treated fairly based on facts, and from the aspect of creating a friendly business environment for private entrepreneurs, the narrator will be compensated accordinglyIn addition, the parties can also choose other legal channels, such as administrative reconsideration and administrative litigation.
The relevant legal provisions involved in this case
Regulations on the Expropriation and Compensation of Houses on State-owned Land].
Article 10 stipulates that the housing expropriation department shall draw up a compensation plan for expropriation and report it to the people at the city and county levels. The people's governments at the municipal and county levels shall organize relevant departments to demonstrate and publish the expropriation compensation plan to solicit public opinions. The period for soliciting comments must not be less than 30 days.
Article 11 stipulates that the people at the municipal and county levels shall promptly publish the situation of soliciting opinions and revising them according to public comments. If the majority of the expropriated persons believe that the expropriation compensation plan does not comply with the provisions of these Regulations, the people at the municipal and county levels shall organize a hearing attended by the expropriated person and public representatives, and revise the plan according to the hearing.
Article 12 stipulates that before the people at the city and county levels make a decision on housing expropriation, they shall conduct a social stability risk assessment in accordance with the relevant regulationsIf the decision on housing expropriation involves a large number of expropriated persons, it shall be discussed and decided by the executive meeting. Before making a decision on housing expropriation, the expropriation compensation fee shall be in full place, stored in a special account, and earmarked for special use.
Article 13 stipulates that the people at the municipal and county levels shall make a timely announcement after making a decision on housing expropriation. The announcement shall specify the expropriation compensation plan, administrative reconsideration, administrative litigation rights, and other matters. Municipal and county-level people** and housing expropriation departments shall do a good job in publicizing and explaining housing expropriation and compensation. If the house is expropriated in accordance with the law, the state-owned land use right shall be recovered at the same time.
Article 14 stipulates that if the expropriated person is dissatisfied with the decision on the expropriation of houses made by the people at the municipal and county levels, he may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit in accordance with the law.
Article 15 stipulates that the housing expropriation department shall organize an investigation and registration of the ownership, location, use, and construction area of the houses within the scope of housing expropriation, and the expropriated person shall cooperate. The results of the investigation shall be announced to the expropriated person within the scope of housing expropriation.
Article 16 stipulates that after the scope of housing expropriation is determined, no acts such as building new buildings, expanding houses, renovating houses, or changing the use of houses shall be carried out within the scope of housing expropriationWhere provisions are violated, no compensation is to be given. The housing expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant formalities. The written notice of suspension of the relevant formalities shall indicate the period of suspension. The suspension period shall not exceed 1 year.
Compulsory demolition] Article 66 of the Urban and Rural Planning Law stipulates that if the construction unit or individual commits any of the following acts, the local city or county people's ** urban and rural planning department shall order the demolition within a time limit, and may be fined less than one time the cost of the temporary construction project: (1) Temporary construction without approval;(2) Failure to carry out temporary construction in accordance with the approved content;(3) Temporary buildings or structures are not demolished beyond the approved time limit.
Trust the principle of protection of interests].
The Outline for the Implementation of Comprehensively Promoting Administration According to Law stipulates that the basic requirements of administration according to law include six principles: legal administration, reasonable administration, due procedure, honesty and trustworthiness, high efficiency and convenience for the people, and unity of power and responsibility. The principle of honesty and trustworthiness consists of two sub-principles, one of which is the principle of protection of trust interests, which means that administrative organs may not withdraw or modify an administrative decision that has already taken effect without legal reasons and through legal proceduresWhere it is necessary to withdraw or modify an administrative decision due to national interests, public interests, or other legally-prescribed reasons, it shall be carried out in accordance with legally-prescribed authority and procedures, and the property losses suffered by the administrative counterpart as a result shall be compensated in accordance with law.
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