In land acquisition and demolition cases, the parties often encounter such a situationIn order to speed up the demolition process, the administrative authorities will adopt the method of demolishing illegal buildings to replace conventional demolition, so as to reduce the cost of relocation。This approach often results in inadequate or no compensation for those who have been relocated.
When there is a disagreement between the demolition party and the demolished person on the amount of compensationThe demolition party may use the demolition party as the reason that the person being demolished has not completed or has not fully completed the relevant formalitiesDirectly identify the house as an illegal buildingand implement mandatory demolitionto expedite the relocation process.
In practice, many houses have not gone through the relevant approval procedures or the procedures are incomplete, and it is not the fault of the person being demolished, it may be caused by the non-standard administrative management of the administrative organs, and if all such houses are forcibly demolished according to illegal construction during demolition, it is neither reasonable nor legal. But under normal circumstances, we ordinary people will be a little caught off guard in the face of this situation, and we don't know how to deal with it and how to defend our rights.
There is only one word difference between demolition and demolition, but the legal effect is completely different. Demolition refers to the forced demolition of illegal buildings. Its main purpose is to correct illegal acts and maintain the order of urban planning and construction.
The main body of the demolition is usually the township street or urban management law enforcement department. The county** may instruct the relevant departments to carry out the demolition, but generally will not do it themselves. Before the demolition of the illegal construction, the relevant department will issue a "notice of ordering correction within a time limit" or "a decision ordering the demolition of the illegal construction within a time limit". The word "expropriation" does not appear in these announcements, as demolition and expropriation are different in nature.
According to the second paragraph of Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, 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 identified as illegal constructions and temporary constructions that exceed the approved period. Therefore, once it is demolished as an illegal building, the person who is demolished will not be compensated.
Since it is a demolition violation, it must be determined that the house is illegally built. First of all, we must make it clear that a house cannot be easily characterized as illegal construction based on the verbal determination of certain departments or staff. Actually,The determination of illegal construction requires a set of strict legal procedures。This process usually includes interviews with the parties, issuing a notice of demolition within a time limit, making a decision on compulsory demolition, and finally applying to the court for enforcement.
Identification of illegal construction is a complex and time-consuming process. As for the legal entity responsible for determining illegal construction, it is usually the local planning department, urban management department or sub-district township. However, the demolition department does not have the right to determine the illegal construction in this process. In addition, in the process of determining that it is an illegal construction, the person being demolished may raise objections and defenses.
In practice, many people who have been forcibly demolished will receive itDecision on Compulsory Demolition within a Time Limit or Notice of Compulsory Demolition within a Time LimitI was told that my house was illegal and would be forcibly demolished, but was it legal?
First of all, the subject of the forced demolition needs to be legal. According to Articles 64, 65 and 68 of the Urban and Rural Planning Law, the relevant departments instructed by the people at or above the county level or the people of townships and towns may be the subject of compulsory demolition of illegal buildings; For illegal buildings in the urban planning area, although the local people's ** urban and rural planning department at or above the county level is the statutory department that makes the decision to stop construction or demolish within a time limit, it itself has no enforcement power, and can only apply to the people at or above the county level to instruct the relevant departments to take compulsory demolition measures.
Second, the notice of demolition within a time limit clearly imposes obligations on the person being demolished, and its right to be heard and defended should be guaranteed. However, before issuing the notice, the general town ** and the urban management law enforcement bureau did not inform the demolished person of the right to make a statement and defense in accordance with the law, did not fully listen to his opinions, and did not specify the way and time limit for seeking relief in the notice, which is obviously a procedural violation.
Finally, Zhang Hongjia, a lawyer from a Chinese-funded law firm in Beijing, reminds you that in the face of demolition, first of all, we must keep the corresponding evidence, if it is not illegal but demolished, we can confirm that the demolition party is illegal and file for state compensation; If the other party dismantles or the demolition is illegal without legal procedures, we can also file a lawsuit to confirm that the demolition is illegal.