The process of demolition of illegal buildings by administrative law enforcement

1. After receiving the report of illegal construction, the urban management shall verify the site, make a record of on-site inspection, conduct an on-site inspection, ask about the parties, explain the regulations, make a record of investigation, and determine the nature of illegal construction.

2. It takes one or two working days to file a case, issue a notice of violation, a notice of hearing and a notice of demolition of illegal buildings.

3. The Notice of Demolition of Illegal Construction generally requires the parties to dismantle themselves within three to seven working days, and generally issues the Notice of Demolition of Illegal Construction after three working days.

4. If no appeal is made within the time limit, a notice of self-removal shall be issued to the court within a time limit.

In the meantime, there will be a reminder.

5. After the expiration, the urban management will carry out compulsory demolition in accordance with legal procedures. For the hearing procedure, it is suggested that the punished person should pay attention and not miss this procedure. Miss this procedure, although you can get relief in the later administrative reconsideration and administrative litigation procedures. But I suggest you don't miss the hearing.

1. What is the procedure for compulsory demolition of illegal buildings?

1, investigation and evidence collection;

2. Identify illegal buildings;

3. Make a decision to order the demolition within a time limit;

4. Issue law enforcement documents;

5, the examination and approval of compulsory demolition;

6. Make the demolition plan;

7, the implementation of demolition.

2. What are the criteria for identifying illegal buildings?

1, which changed the use function of the building.

2. Alter, renovate or expand buildings without permission.

3, temporary buildings, overdue demolition.

4, unauthorized changes in design drawings, the construction of buildings.

5. Illegal transfer of non-agricultural land and buildings on it of urbanized neighborhood committees or joint-stock cooperative companies in the Special Zone. Illegal transfer of villagers' own homestead, non-agricultural construction land of rural economic organizations and buildings built on it.

6 buildings built on land that has been planned as public facilities, public places and public green spaces.

7. Although it is the homestead for rural self-use or the non-agricultural land of rural economic organizations, it violates the local urban planning or exceeds the standards set by the local government.

8. Other buildings that violate laws and regulations.

Legal basis:

Article 77 of the Land Administration Law of the People's Republic of China, if land is illegally occupied without approval or by deception, the land administrative department of the people's government at or above the county level shall order it to return the illegally occupied land, and if agricultural land is converted into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally occupied land shall be demolished within a time limit.