The demolition of illegal buildings requires the following legal procedures: First, a time-limited demolition decision is required for the illegal building, allowing the parties to demolish it on their own; secondly, if the parties do not demolish it on their own, the parties need to be reminded; after the reminder, the parties still need to be demolished. Without dismantling on your own and without conducting reconsideration or litigation, law enforcement officers can carry out forced demolition; before implementation, it is necessary to produce certificates, notify the person subject to enforcement to be present and sign, allow him to make a statement and defence, and remove the items before demolition can be carried out.
Article 18 of the "Administrative Coercion Law": Administrative agencies shall comply with the following provisions when implementing administrative coercive measures: (1) Before implementation, they must report to the person in charge of the administrative agency and obtain approval; (2) Two The above administrative law enforcement personnel shall implement it; (3) Present law enforcement identification documents; (4) Notify the parties to be present; (5) Inform the parties on the spot of the reasons and basis for taking administrative compulsory measures as well as the rights and relief channels enjoyed by the parties in accordance with the law; (6) Listen to the parties statement and defense; (7) Make on-site transcripts; (8) On-site transcripts shall be signed or stamped by the parties and administrative law enforcement personnel. If the parties refuse, this shall be noted in the transcript; (9) If the parties are not present, invite witnesses At the scene, witnesses and administrative law enforcement personnel will sign or seal the on-site transcript; (10) Other procedures stipulated by laws and regulations.
Article 44: If illegal buildings, structures, facilities, etc. need to be forcibly demolished, the administrative agency shall make an announcement and the parties concerned shall demolish it on their own within a time limit.
If the party concerned does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not dismantle it, the administrative agency may forcibly dismantle it in accordance with the law.
Article 64 of the "Urban and Rural Planning Law": If a construction project planning permit is not obtained or construction is not carried out in accordance with the provisions of the construction project planning permit, the urban and rural planning department of the local people's government at or above the county level shall Order to stop construction; if corrective measures can still be taken to eliminate the impact on the implementation of the plan, corrections will be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost will be imposed; if corrective measures cannot be taken to eliminate the impact, it will be demolished within a time limit and cannot be demolished. , the physical property or illegal income will be confiscated, and a fine of not more than 10% of the construction project cost may be imposed.
Article 65: Anyone who fails to obtain a rural construction planning license in accordance with the law or fails to carry out construction in accordance with the provisions of the rural construction planning license within the township or village planning area shall be ordered to stop by the township or town people's government. Construction and correction within a time limit; if correction is not made within the time limit, it can be demolished.
Article 66: If a construction unit or individual commits any of the following acts, the urban and rural planning department of the local city or county people’s government shall order it to be demolished within a time limit, and may also impose a fine of less than twice the cost of the temporary construction project. Fines: (1) Temporary construction without approval; (2) Temporary construction without approval; (3) Temporary buildings and structures not dismantled beyond the approved period.