[Case Summary]This case is an administrative review case (application for review of illegal construction). Wang Gang's house and land located at No. 28 Shuguang Village, Nanchang City were included in the expropriation list at the end of 2024. In early 2025, the house and land were illegally demolished and excavated by unidentified individuals, and the fish pond and trees were destroyed. Moreover, the construction company built the house without a license. Wang Gang entrusted Beijing Henglu Law Firm to handle the case.Song MeinaThe lawyer intervened and mailed the "Application for Investigating and Handling Illegal Construction" to the District Urban Management Bureau, but it was refused. Therefore, he applied for administrative reconsideration, requesting the bureau to perform its duties and provide a written response. The reconsideration authority ordered the respondent to provide a written response within 60 days in accordance with Article 66 of the "Administrative Reconsideration Law". The core dispute is whether the Urban Management Bureau constitutes administrative omission and whether it should perform its investigative duties. Applicable laws: the "Construction Law", the "Regulations on Quality Management of Construction Projects", and Article 66 of the "Administrative Reconsideration Law".

I. Review of the case

The houseThe construction was carried out without reaching an agreement on compensation firstOwners often search for terms like "How to investigate illegal construction during expropriation", "Is it considered negligence if an application for investigation is rejected?", and "Can we appeal against the urban management department's failure to perform its duties?". In late 2024, Wang Gang's house and land at No. 28 Shuguang Village in a certain district of Nanchang were included in the expropriation scope, but no agreement on compensation was reached until early 2025. On January 21, 2025, a group of unidentified individuals illegally demolished the house and forcibly excavated the land, destroying the fish pond and 20 pomelo trees; another forced demolition occurred on February 26. What made him even more uneasy was that the construction company was actively building on the original site without any official documentation. Wang Gang realized that the construction might be illegal and hired Beijing Henglu Law Firm to handle the case.Song MeinaThe lawyer got involved.

The lawyer analyzed that the forced demolition without completing compensation and the failure to present a construction permit constitute serious violations of relevant laws and should be investigated. On April 18, 2025, the lawyer assisted Wang Gang in mailing the "Application for Investigating Illegal Construction" to the District Urban Management Bureau, requesting it to perform its investigation duties according to law. However, the Urban Management Bureau unreasonably refused to accept the application, which constituted a failure to act. Accordingly, the lawyer filed an administrative review with the municipal government, requesting it to order the District Urban Management Bureau to perform its investigation duties and provide a written response.

II. The focus of the case

  • Focus 1: Does the Urban Management Bureau constitute administrative omission of duty?Is the rejection of an email equivalent to neglecting one's duties or ignoring a citizen's request to perform their duties?
  • Focus Two: Should the construction activities be investigated and punished?The respondent argued that he had obtained a construction permit and the construction was legal. Can this defense be established?
  • Focus 3: Can the review organ order the respondent to fulfill its duty to respond?The planning and construction departments have no legal responsibility to investigate and deal with unlicensed construction activities.

III. Professional intervention by Hengluo Law Firm

The applicant (Wang Gang) claims that:The city management bureau failed to investigate and deal with the demolition of houses and fish ponds without completing the compensation process and conducting unlicensed construction. Despite having the responsibility to investigate and deal with such violations, the city management bureau refused to accept the application for investigation, constituting a failure to perform its duties. Therefore, we request that the city management bureau be ordered to perform its duties and provide a written response.

The respondent (the District Urban Management Bureau) argued that:The construction project has obtained the "Construction Project Construction License", and there is no basis for investigation and punishment for the illegal construction in 2025; the mail was returned because the recipient's name and address were incorrect and the phone was unavailable, not because the recipient refused to receive it on purpose; and Wang Gang's claim that the mail was not delivered is groundless and lacks evidence.

Hengluo Lawyer's Agency Opinion:Song MeinaThe lawyer pointed out that according to the Construction Law, the Regulations on Quality Management of Construction Projects, and the Urban Management Regulations of Nanchang City, the planning and construction departments have the obligation to investigate and deal with the unauthorized construction activities without obtaining construction licenses; by applying for investigation, the construction progress can be delayed and create room for compensation negotiations. The applicant has already proven that he has filed an application for performance of duties, and the respondent should reply within a reasonable time limit, otherwise he will be suspected of neglecting to perform his duties.

IV. Outcome of the case

The People's Government of Nanchang City held that the respondent, as an urban management law enforcement department, has statutory duties and should not ignore citizens' requests for performance of duties; the applicant has proven that he has submitted a request for performance of duties to "investigate and deal with illegal construction", and the respondent should reply within a reasonable time limit, otherwise he will be suspected of neglecting his duties. Finally, in accordance with Article 66 of the Administrative Reconsideration Law, the reconsideration organ decided that:The respondent is ordered to provide a written response to Wang Gang's application for investigating illegal construction within 60 days from the date of receiving the decision letterThis result clearly stipulates the respondent's obligation to perform his duties, guarantees Wang Gang's right to information and right to remedy, and lays a procedural foundation for subsequent expropriation compensation and property claims for protection of rights.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmSong MeinaThe lawyer (practice license number: 11101202511880410, the document issued by the judicial administrative organ shall prevail) acts as an agent. In the process of expropriation, if the rights holders encounter illegal construction, secret demolition or forced demolition, they can apply to the competent department for investigation according to law; if the administrative organ refuses to accept or delays in responding, they can apply for administrative reconsideration to order it to perform its duties, and strive for protection of rights through procedural means.

VI. Common Questions and Answers about Investigating and Handling Illegal Construction Activities

  1. Q:How to investigate and deal with illegal construction during the expropriation process?
    A:Submit the "Application for Investigating and Handling Illegal Construction" to the planning, construction, or urban management departments, and request them to investigate and handle the unlicensed construction in accordance with the "Building Law" and other relevant laws and regulations.
  2. Q:Is it considered negligence if the application for investigation and punishment of the refusal to accept the goods is rejected?
    A:It has been proven that if an individual submits an application for the performance of duties and the authority refuses to accept it without a valid reason or fails to respond within the time limit, the authority can be deemed to have neglected to perform its duties, which constitutes administrative omission.
  3. Q:Can a complaint be filed against a city management official for failing to perform their duties?
    A:Yes, you can apply for administrative reconsideration to the higher-level government and request that it be ordered to perform its investigation duties within the time limit and provide a written response.
  4. Q:Is it legal to start construction without first discussing compensation?
    A:Construction must obtain a permit, and expropriation should follow the principle of compensation first and relocation afterwards. Unauthorized construction and forced demolition may be illegal.
  5. Q:What's the point of ordering the performance of duties in a reconsideration procedure?
    A:Clarify the obligations of government agencies to perform their duties, guarantee the right to information, and provide a procedural basis for subsequent compensation disputes and claims for damages.