Interpretation of New Demolition Rules of Urban and Rural Planning Law in 2023

Interpretation of the new provisions on illegal construction and demolition in the Urban and Rural Planning Law in 2023 is as follows:

1, if the construction project planning permit is not obtained or the construction is not carried out 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 the construction, and if corrective measures can be taken to eliminate the impact on the implementation of the planning, it shall be corrected within a time limit and a fine of more than 5% 10% of the construction project cost shall be imposed;

2, unable to take corrective measures to eliminate the impact, the deadline to dismantle, can not be dismantled, confiscate the real or illegal income, and may impose a fine of less than ten percent of the project cost;

3. After the competent department of urban and rural planning has made a decision to order the construction to stop or dismantle it within a time limit, if the parties fail to stop the construction or dismantle it within a time limit, the local people's government at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing up the construction site and forcibly demolishing it.

The procedure of illegal building demolition is:

1. put on file: generally, the establishment of illegal construction is the competent department, the planning bureau or planning Committee is in charge of urban management, and the township people's government is in charge of illegal construction;

2. Investigation procedure: There should be at least two staff members to carry out the investigation, and carry and produce relevant law enforcement certificates. When conducting an investigation and inquiry, you should also take notes and carefully check the contents of the notes to ensure that the contents are consistent with the statements of the people involved;

3. Final decision: listen to the final statement and defense of the punished person, hold a hearing before making a decision, listen to the evidence and facts of the punished person's violation of the law, and put forward punishment suggestions.

4. Execution of punishment: After the final result is determined, the law enforcement organ will deliver the Decision on Administrative Punishment to the punished person and implement the punishment within the prescribed time limit.

To sum up, illegal buildings can be demolished. Demolition of illegal buildings conforms to the law and does not require compensation. After the competent department of urban and rural planning has made a decision to order the construction to stop or dismantle it within a time limit, if the parties fail to stop the construction or dismantle it within a time limit, the local people's government at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing up the construction site and forcibly demolishing it.

Legal basis:

"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.

Article 65

In the township and village planning area, 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 government 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 cleared.