In rural construction, many villagers choose to expand their houses in order to improve their living conditions or adapt to family changes. However, when these expanded houses are facing demolition, if they are suddenly identified as illegal buildings and no compensation is given, it will undoubtedly bring huge economic losses and psychological pressure to the villagers. So, how should the villagers respond to this situation? Next, Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, will talk to you.
One
Find out the legality of an extended home
First of all, the villagers need to clarify the legality of their own expansions. Although the village has stamped the approval, this does not mean that the expansion is fully in accordance with the law. According to the Land Management Law of the People's Republic of China and the Urban and Rural Planning Law and other relevant laws and regulations, the expansion of housing needs to comply with the overall land use plan and urban and rural planning, and be approved by the relevant departments of the people's government at or above the county level.
Therefore, villagers need to check whether their expansion has been approved by the people's government at or above the county level, and keep the relevant approval documents and certificates. If there is only a village seal approval, and no higher level of approval, then the extension may still be considered a building violation in law.
Two
Actively communicate with the demolition party
When the expansion of the house is identified as an illegal building and no compensation is given, the villagers should actively communicate with the demolition party. They can raise their own questions and demands, and ask the demolition party to show the legal basis and procedures for determining the illegal building. At the same time, the villagers can also provide the demolition party with the approval documents and certificates obtained when they expanded their houses to prove the legality of the expansion.
During the communication process, villagers should remain calm and rational and avoid emotional conflicts. You can seek the help of the village committee or the township government to jointly negotiate with the demolition party.
Three
Seek legal assistance
If communication with the demolition party does not yield satisfactory results, villagers can seek legal assistance. You can consult a local lawyer or legal aid agency to understand your rights and how to protect your rights.
During the legal aid process, villagers need to provide sufficient evidence to prove the legality of their house extensions. This evidence may include approval documents, construction drawings, site photos, etc. At the same time, the lawyer will also provide professional legal advice and rights protection strategies for the villagers based on relevant laws and regulations and case experience.
Four
Defend your rights in accordance with the law
If the demolition party insists on identifying the expanded house as an illegal building and does not compensate for it, the villagers can defend their rights in accordance with the law. An administrative reconsideration or administrative lawsuit may be filed with the people's government at or above the county level or relevant departments to request a redetermination of the legality of the expanded housing and reasonable compensation.
In the process of protecting their rights, villagers need to adhere to the principles of legality, reasonableness and fairness, and abide by laws, regulations and procedural requirements. At the same time, patience and perseverance are also required, as the process of defending rights can be long and complicated.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.