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What are the legal provisions and restrictions on whether the houses with small property rights will be forcibly demolished

Time: June 29, 2024 label: Land acquisition and demolition Rights protection skills Reading: 1112 people

Lawyer's analysis:

If someone occupies the land without legal permission and builds it on this basis house with limited property rights , then it is possible to face Forced demolition Risk.
Article 83 of the Land Administration Law of the People's Republic of China clearly states that, according to the relevant provisions of the law, if the illegal building is a new building or other facility built on unauthorized land, the construction unit or individual must immediately stop the construction action and independently carry out the demolition work;
If they continue to carry out construction activities, law enforcement agencies will have the right to take coercive measures to stop them.
At the same time, if the construction unit or individual gives a deadline for demolition administrative sanction If they disagree with the decision, they can appeal to the people's court within 15 days from the date of receiving the order appeal If the self removal is not implemented, the relevant department authorized to make the punishment decision shall file it with the people's court litigation And apply Enforcement , relevant expenses shall be borne by the illegal party.

Legal basis:

Article 83 of the Land Administration Law
If, in accordance with the provisions of this Law, the construction unit or individual is ordered to demolish the newly built buildings and other facilities on the illegally occupied land within a time limit, the construction unit or individual must immediately stop construction and demolish them by itself; If the construction continues, the organ that made the punishment decision has the right to stop it.
If the construction unit or individual is not satisfied with the administrative penalty decision of ordering the demolition within a time limit, it may, within 15 days from the date of receiving the decision of ordering the demolition within a time limit, bring a suit in a people's court; If the violator neither brings a suit nor dismantles the building itself within the time limit, the organ that made the decision on punishment shall apply to the people's court for compulsory execution according to law, and the cost shall be borne by the violator.

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Lawyers' answers

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Whether the illegal construction of the park needs to be forcibly demolished depends on the specific circumstances: the identification of illegal buildings: first, the competent urban and rural planning department needs to identify whether the buildings are illegal buildings. If the building is not approved or constructed in violation of the approved content, it is illegal in principle

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