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Illegal Construction Forced Demolition

Service Overview

Illegal construction confirmation and forced demolition are highly frequent dispute types in expropriation and demolition practices. A large number of houses have incomplete formalities or missing certificates due to historical construction backgrounds, policy legacy issues and special land use attributes, and are easily and arbitrarily identified as illegal buildings and forcibly demolished by administrative authorities. In practice, many buildings are legitimate historical structures, homestead self-built houses and agricultural supporting buildings rather than genuine illegal constructions. However, to reduce demolition costs and accelerate progress, expropriating authorities arbitrarily apply illegal construction penalty procedures and conduct forced demolition without legitimate investigation, public announcement, prior notification and defense procedures. Such actions violate statutory procedures and seriously infringe upon clients’ property rights and interests. Most parties cannot distinguish procedural illegalities from substantive illegal construction, lack knowledge of statutory forced demolition procedures, and miss the time limit for statement, defense, reconsideration and litigation, ultimately resulting in demolished houses and zero compensation.

Service Content

We specialize in targeted rights protection services concerning illegal construction determination, time-limited demolition orders and illegal forced demolition, focusing on disputes arising from procedural violations, wrongful illegal construction identification and malicious forced demolition to safeguard clients’ legitimate property rights and interests in accordance with the law. Our lawyers comprehensively verify supporting materials including building construction years, land use policies, historical approval records, village filings and actual usage conditions. We strictly distinguish legally retained buildings, reasonable self-built structures and buildings with merely procedural defects from substantively illegal constructions, and overturn unreasonable illegal construction determinations.
We conduct professional legal review of official documents issued by administrative organs, such as time-limited demolition decisions, illegal construction confirmation notices and forced demolition announcements, and accurately identify legal violations including procedural defects, unclear fact-finding and incorrect application of law. We revoke illegal determination documents and forced demolition decisions through administrative reconsideration and administrative litigation. For completed illegal forced demolition acts, we comprehensively preserve on-site and property loss evidence and claim administrative compensation in accordance with the law. We firmly oppose the irregular practice of “replacing expropriation with illegal demolition”, help clients obtain legitimate demolition compensation or corresponding property loss indemnity, and prevent uncertified and historical houses from being demolished without compensation.

Sheng Yun Typical Cases

Mr. Yang, legal representative of Lianzhou Hengyi Building Materials Co., Ltd. and operator of Lianzhou Xinwang Steel Sales Department, legally operated business premises in Lianzhou City. The site was included in the scope of a governmental construction project. Multiple administrative authorities including Lianzhou Bureau of Natural Resources, Lianzhou Public Security Bureau and Lianzhou Town Government jointly forcibly demolished the enterprise’s factory buildings and operating facilities without reaching a compensation agreement or performing statutory procedures.
The enterprise entrusted the legal team of Lawyer Wang Youyin and demolition attorneys from Beijing Sheng Yun Law Firm for rights protection. Our lawyers pointed out that the joint forced demolition conducted by administrative organs violated statutory procedures and seriously infringed the enterprise’s legitimate rights and interests. Finally, Qingxin District People’s Court of Qingyuan City ruled that the forced demolition act implemented by the administrative authorities was illegal.
Legal Consultation Hotlines of Beijing Sheng Yun Law Firm: 010-6190-8088, 400-159-8098, 138-1111-7637


Email:syls@bjsheng.cn

 

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