What is an illegal building?
Illegal construction refers to buildings and structures built without the approval of the competent department of planning and land, without obtaining a planning permit for construction projects or a planning permit for temporary construction projects.
The most common types of illegal buildings are: unauthorized alterations and additions; Buildings built by illegal transfer of non-agricultural construction land of rural economic organizations or villagers' self-use homesteads; Non-agricultural land of rural economic organizations or villagers' self-use homesteads in violation of urban planning or buildings that exceed the standards stipulated by the city; Buildings that change the function of industrial plants, residences and other buildings without authorization.
So why should we care about whether our house is an illegal building?
1. May be subject to relevant penalties, such as ordering the return of illegally occupied land, demolishing buildings within a time limit, restoring the original state of the land, fines, etc.
2. There may not be any compensation, according to the second paragraph of Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, which states that "before the people at the municipal and county levels make a decision on housing expropriation, they shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law." Compensation shall be given to those identified as legal buildings and temporary structures that have not exceeded the approved period; No compensation shall be given to those found to be illegal constructions and temporary constructions that have exceeded the approved period."
In practice, many peasant friends' houses have not gone through land use procedures or planning procedures, but they are not necessarily illegal buildings, so we cannot rudely identify "unlicensed" houses as illegal buildings, and we must objectively admit that they are due to historical and social reasons.In the process of housing expropriation and land expropriation, it is necessary to identify illegal buildings, and the planning, land, law enforcement and other departments should also be organized in accordance with the Regulations on the Expropriation and Compensation of Houses on State-owned Land to identify the buildings that have not gone through the customs procedures, rather than making a judgment with a casual oral notice or a piece of paper.
However, it cannot be ruled out that in order to pursue the speed of demolition, some localities arbitrarily identify illegal buildings and forcibly carry out demolition, and then do not give any compensation. If you encounter such behavior, you must consult or entrust a lawyer in time to protect your legitimate rights and interests.