Joke Collection Website - Bulletin headlines - Can rural houses be demolished illegally?

Can rural houses be demolished illegally?

Legal analysis: Yes. However, the forced demolition of illegal buildings in rural areas shall meet the following conditions: 1. The township government shall issue an administrative decision to stop construction or make corrections within a time limit. 2. The party concerned has not applied for administrative reconsideration or brought an administrative lawsuit against the above administrative decision. 3. The party concerned fails to correct its illegal behavior within the time limit according to the above administrative decision. When the above conditions are met, the township government organs have the right to forcibly dismantle the illegal buildings built by the parties.

When the parties encounter forced demolition, they must know how to safeguard their legitimate rights and interests through legal channels. For example, when a government agency makes an administrative decision to order the demolition within a time limit, the party concerned shall promptly file an administrative reconsideration with its superior administrative organ. Even if the reconsideration result is to maintain the original administrative decision, the parties may bring an administrative lawsuit to the people's court. Even if the lawsuit fails in the first instance, the parties can still appeal until the legal remedies are exhausted.

Legal basis: Article 65 of People's Republic of China (PRC) Urban and Rural Planning Law. If the rural construction planning permit is not obtained according to law or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township and town people's governments shall order it to stop construction and make corrections within a time limit; If it is not corrected within the time limit, it can be removed.

Article 44 of the Administrative Enforcement Law of the People's Republic of China If illegal buildings, structures and facilities need to be demolished, the administrative organ shall make an announcement and order the parties to dismantle them themselves within a time limit. If the party concerned does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and does not dismantle it by itself, the administrative organ may forcibly dismantle it according to law.