Can illegal construction of residential quarters be forcibly demolished?

Private buildings in residential areas can be forcibly demolished. The owner may require the property to enter the site for rectification, report to the urban and rural planning department, or report to the public security organ for handling. Illegal buildings do not meet the statutory conditions, the competent department of urban and rural planning can make a decision to dismantle them within a time limit, and if they are not demolished within the time limit, they can be forcibly demolished.

Legal demolition procedures of illegal buildings

(1) The stage of finding out the facts. That is to find out the time, reason, structure, area and use of illegal buildings, whether there are civil disputes, whether there are violations of more than two administrative laws and regulations at the same time, and whether they are investigated and dealt with by administrative law enforcement organs. Those who have been investigated shall be dealt with according to the investigation conclusion, and those who have not been investigated shall enter the next stage.

(2) the stage of treatment and punishment. The first step is to divide the flow by time. According to the specific time of urban planning in various places, the time limit for illegal construction is reasonably determined. The second step is to classify and divert illegal buildings according to whether there are two or more illegal buildings that violate administrative regulations at the same time. The third step is to make a decision on treatment or punishment. Then dispose of them separately according to the decision of treatment or punishment, and those who go through the formalities will enter the stage of completing the formalities; Those confiscated or dismantled within a time limit will enter the implementation stage.

(3) the stage of completing the formalities. For those who should go through the formalities directly according to law or require to go through the formalities after punishment, the parties involved in illegal construction shall go through the formalities with the relevant administrative departments.

(four) the stage of signing the resettlement compensation agreement. At this stage, the compensation scheme for demolition is determined by both parties themselves. If negotiation fails, one party may apply to enter the stage of administrative adjudication; After reaching an agreement, if the demolished person refuses to perform, he can enter the stage of compulsory demolition upon the application of the demolished person, and the people's court shall enforce it according to law.

(5) administrative adjudication stage. If the parties to the demolition fail to negotiate, if one party applies for an administrative ruling, the administrative organ shall accept it. After accepting the application, the administrative organ shall promptly send the applicant's application and evidence to the other party and inform them of their rights and obligations. On the basis of ascertaining the facts, the administrative organ shall make an administrative ruling on compensation for demolition within the statutory time limit and specify the time limit for the parties to move.

(6) the implementation stage. If the demolished person (i.e. the party involved in illegal construction) fails to perform the resettlement compensation agreement or award, upon application, the people's court may enforce it according to the civil judicial enforcement procedure or the administrative judicial enforcement procedure, or the people's government shall instruct the relevant administrative departments to organize administrative compulsory demolition, and force the demolished person to move and demolish the building.

Legal basis:

Article 45 of the Regulations on Property Management

The realty service enterprise shall stop the violation of laws and regulations such as public security, environmental protection, property decoration and use in the realty management area, and report to the relevant administrative departments in a timely manner. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.

"People's Republic of China (PRC) urban and rural planning law" sixty-fourth.

Without obtaining the construction project planning permit or failing to carry out construction in accordance with the provisions of the construction project planning permit, the competent department of urban and rural planning of the local people's government at or above the county level shall order it to stop construction;

If corrective measures can be taken to eliminate the impact on the implementation of the plan, it shall be corrected within a time limit and a fine of more than 5% 10% of the project cost shall be imposed;

Unable to take corrective measures to eliminate the impact, it should be removed within a time limit. If it cannot be demolished, the real object or illegal income shall be confiscated, and a fine of less than 10% of the project cost may be imposed.