The case of the provincial high court - illegal buildings can not be confiscated arbitrarily
Whether it is an illegal building or a legal building, the builders have invested a lot of manpower and material resources in the construction. Therefore, special attention should be paid to the disposal of these buildings to protect the legitimate rights of the builders. If it is an illegal building, the usual way is to order it to stop construction, make corrections within a time limit, and demolish it within a time limit. However, in practice, there will also be administrative organs that confiscate illegal buildings. Is this reasonable? Lawyer Shen analyzed this problem to friends today through a case of the Provincial High Court.
A municipal natural resources and planning bureau made an administrative punishment decision, holding that the plaintiff had merged the two pieces of land without authorization, and the construction exceeded the area and height, violating the urban and rural planning law, and made a decision to confiscate the illegal building. The plaintiff was not satisfied and filed a reconsideration with the Municipal Urban and Rural Planning Bureau. The reconsideration upheld the original penalty decision, and the plaintiff filed a lawsuit with the people's court. The court of first instance held that the penalty decision made by the Municipal Bureau of Natural Resources and Planning found that the facts were clear and the law was correct, and rejected the plaintiff's litigation claim. The plaintiff was not satisfied with the first instance trial and appealed to the court of second instance. The court of second instance held that, according to the Urban and Rural Planning Law, the competent departments of urban and rural planning of the people's governments of cities and counties cannot arbitrarily adopt administrative punishment measures for confiscating physical objects, and should go through statutory procedures such as ordering construction to stop construction and demolition within a time limit, and only confiscating physical objects can be carried out if there is really no way to eliminate the impact of illegal construction on planning. In this case, the Municipal Bureau of Natural Resources and Planning confiscated the plaintiff's building without conducting an inspection, or the necessary appraisal or demonstration, and the legal basis was insufficient.
The above is a simple analysis of the problem that illegal buildings can not be confiscated at will, if you encounter related problems, you can take up legal weapons to protect your legitimate rights and interests!