Will the top floor be demolished after it is illegally built?

Legal analysis: No, if illegal buildings, structures and facilities need to be demolished by force, the administrative organ will announce and order the parties to dismantle them themselves within a time limit. If the party concerned does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and does not dismantle it, the administrative organ may forcibly dismantle it according to law.

It is illegal for an administrative organ to demolish an illegal building directly and forcibly within a time limit after making a decision to demolish it within a time limit. In fact, it is not only forbidden to demolish directly during the demolition period. Judging from the above provisions, even if the demolition period expires, as long as the parties apply for administrative reconsideration and file an administrative lawsuit within the statutory time limit, the administrative organ may not directly demolish.

Legal basis: Article 44 of the Administrative Enforcement Law of the People's Republic of China. If illegal buildings, structures and facilities need to be forcibly demolished, the administrative organ shall make an announcement, and the parties concerned shall dismantle them themselves within a time limit. If the party concerned does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and does not dismantle it, the administrative organ may forcibly dismantle it according to law.