[Case Summary]This case is an administrative omission dispute arising from the failure of the township-level government to perform its duties of investigating and dealing with illegal construction in accordance with the law. Wang **, a neighboring villager of Shuguang Town, Liansui County, Huai'an City, Jiangsu Province, entrusted Beijing Henglu Law Firm to deal with the illegal construction exceeding the approved specifications by a third party, Zhang **.Zhi Chao LiOn March 27, 2026, the lawyer mailed the "Application for Investigation of Illegal Construction" to the People's Government of Shuguang Town, Lianshui County. However, the town government signed for the document on March 28 and failed to respond to it for a long time thereafter.Zhi Chao LiThe attorney, Wang **, applied for administrative reconsideration to the People's Government of Lianshui County, requesting that the town government be confirmed to have violated the law by failing to respond within the time limit and be ordered to perform its duties. The reconsideration organ found that the town government did not issue a "Reply Letter" until July 10, 2026, which clearly exceeded the reasonable time limit. In the end, according to Article 65 Paragraph 2 Item (2) of the "Administrative Reconsideration Law", it was confirmed that the town government's failure to respond within a reasonable time limit was illegal. The client achieved a partial victory in this case.

I. Review of the Case

Applicant Wang ** and third party Zhang ** are neighbors in Shuguang Street, Shuguang Town, Lianshui County, Huai'an City, Jiangsu Province. Zhang ** owns a residential plot and house at XX Road South in Shuguang Street. During the subsequent house construction, Zhang ** failed to comply with the content of the approved residential renovation application in the town and village, and illegally built beyond the approved construction specifications, floor height, and construction scope, violating relevant regulations on rural planning and construction. Many villagers often face similar problems and are confused about "what to do if the administrative authorities fail to perform their statutory duties" and "is it illegal for the town government not to respond to the violation". This case provides a sample of the procedural path.

In order to safeguard his legitimate rights and interests, Wang * * * entrusted Beijing Henglu Law Firm to handle the case for him.Zhai Chao LiThe lawyer safeguards his rights. According to the adjudicative viewpoint recognized by the People's Court of Qingjiangpu District, Huai'an City, Jiangsu Province in its first-instance administrative judgment No. (2025) Su XXXX X72 and Article 65 of the Law of the People's Republic of China on Urban and Rural Planning, the lawyer mailed the "Application for Investigation of Illegal Construction" to the People's Government of Shuguang Town, Lianshui County by EMS on March 27, 2026, requesting the town government to investigate Zhang **'s illegal construction according to law. The respondent signed for receipt on March 28, 2026. Up to the submission of the appeal application, the town government has not given any reply.

The lawyer argued that the respondent, as a town-level people's government, has a statutory duty to investigate and deal with any construction activities within the town and village planning areas that have not obtained or been carried out in accordance with the rural construction planning permit. However, after receiving the application, the respondent failed to respond for a long time, which constitutes an administrative omission. Therefore, the lawyer, on behalf of Wang **, applied for administrative reconsideration to the Lianshui County People's Government, requesting that the town government's failure to respond within the time limit be confirmed as illegal and that it be ordered to provide a written response and perform its statutory duties of investigating and dealing with illegal construction within a specified timeframe. Timeline: The application was mailed on March 27, 2026, received on March 28, and the administrative reconsideration application was submitted on June 15. The application was accepted on June 17, and the town government submitted a "Reply Letter" on July 10.

II. The focus of the case

  • Does the respondent have the statutory duty to investigate and deal with illegal construction? According to Article 65 of the Urban and Rural Planning Law, township and town people's governments have the duty to order the cessation of illegal construction, rectify violations within a specified time limit, and even demolish illegal structures.
  • After the town government receives the application, if it fails to respond within the prescribed time, does this constitute administrative omission? Although laws and regulations do not specify the response period for such duty-performance applications, the government should handle the application within a reasonable timeframe. Any obvious delay in responding would constitute a procedural violation.
  • After submitting the "Reply Letter" during the reconsideration period, can the previous act of failing to reply within the time limit still be confirmed as illegal? The fact that the obligation has been actually fulfilled does not affect the determination of the previous illegal act.

III. The professional intervention of Hengluo Law Firm

Both parties' arguments: The applicant, Wang **, claimed that the town government, as the statutory subject of investigation and handling, failed to respond or perform its duties within the prescribed time after receiving the "Application for Investigation and Handling of Illegal Construction", infringing her right to information and supervision and violating the "Administrative Reconsideration Law" and the "Urban and Rural Planning Law". It should be confirmed that the town government acted illegally and be ordered to perform its duties. The respondent, Shuguang Town People's Government, argued that Zhang ** submitted an application for renovation of a residential house on August 5, 2023. After obtaining the consent of four neighbors and six resident representatives and being reported by the residents' committee, the town government approved the renovation on September 15, 2023, allowing a renovation area of 9.3 meters east-west and 8.3 meters north-south with three rooms on the first floor. On June 30, 2024, the actual renovation area was consistent with the approved area and did not exceed the scope. Therefore, Wang **'s request for investigation and handling lacks factual basis and should not be supported.

Zhai Chao LiThe lawyer conducted the representation based on three core issues: whether the application was received, whether there was an obligation to respond, and whether the response was delayed beyond the deadline.

Firstly, guide the parties to fix the evidence, including the "Application for Investigation of Illegal Construction", the EMS mailing number and the signing record, the relevant court's judgment opinions, and the materials for the approval of the third-party housing renovation, etc., to form a complete evidence chain and confirm the fact that the town government has signed and received the application.

Secondly, clarify the statutory duties. According to Article 65 of the Urban and Rural Planning Law of the People's Republic of China, township-level people's governments are the statutory entities responsible for investigating and handling illegal construction, and they bear an unshirkable duty to investigate and handle such cases. It is clearly against the law to ignore applications or fail to respond within the time limit.

Thirdly, to demonstrate the administrative violation. Administrative organs should follow the principles of efficiency, convenience, and legality in performing their statutory duties, and respond to citizens' applications for performing their duties within the statutory time limit. If the respondent fails to reply within the statutory time limit after receiving the application, it not only infringes the applicant's rights but also damages the government's credibility, constituting an administrative omission. Therefore, a review is initiated in accordance with the Administrative Review Law.

IV. Outcome of the case

On June 15, 2026, the People's Government of Lianshui County received the application for reconsideration. On June 17, the application was accepted and the ordinary procedure was applied. Due to the complexity of the case, the hearing period was extended in accordance with the law. After the hearing, it was found that Wang * * * * mailed the application on March 27, 2026, and the town government signed for it on March 28. Since there was no reply, he applied for reconsideration on June 15. During the hearing, the town government served the "Reply Letter" on July 10, 2026.

The review authority held that the current laws and regulations do not specify a clear time limit for responding to such applications for performance of duties. According to Article 24 of the Implementing Regulations of the Administrative Review Law of the People's Republic of China, if there is no time limit for performance, the time limit for review applications shall be calculated from the date 60 days after the administrative organ receives the application; in combination with Article 50 Paragraph 1 of the Regulations on Administrative Procedures of Jiangsu Province, the administrative organ shall handle the matter within a reasonable time limit. The town government did not issue a "Reply Letter" until July 10, 2026, and the handling period was obviously beyond the reasonable time limit, constituting a procedural violation of failing to fulfill the obligation to respond within a reasonable time limit. Given that the obligation to respond had already been fulfilled during the review period, ordering a further response would be meaningless. Ultimately, in accordance with Article 65 Paragraph 2 Item (2) of the Administrative Review Law of the People's Republic of China, it was decided to confirm that the defendant, Lianshui County Shuguang Town People's Government, violated the law by failing to respond to the applicant's "Application for Investigation of Illegal Construction" submitted on March 27, 2026 within a reasonable time limit.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmZhi Chao LiThe attorney (practice license number: 11101202311629788, subject to the document issued by the judicial administrative organ) acts as the agent. By accurately identifying the legal responsibilities of the respondent and the fact that the respondent failed to reply within the statutory time limit, this case prompted the town government to issue a "Reply Letter" during the reconsideration process and had the reconsideration organ confirm that the previous actions were illegal, reflecting the professional value of "promoting duty performance through reconsideration". Reminder: Town governments are legally responsible for investigating and handling illegal construction within their jurisdiction; administrative organs should respond to citizens' requests for duty performance within a reasonable time limit, and failure to reply within the time limit may lead to an application for administrative reconsideration to confirm the illegality; and rectification during the reconsideration period does not necessarily exempt from the determination of previous illegal actions.

VI. Common Questions About Administrative Inaction and Administrative Review FAQ

  1. Q: Is it illegal for an administrative organ to not respond to my application? A: An administrative organ should respond to a citizen's request for performance of duties within a reasonable timeframe. Where the law does not specify a timeframe, a citizen may generally apply for administrative review within 60 days after receiving the application. If the administrative organ fails to respond for a long time, it constitutes administrative omission, and the citizen may request confirmation of the illegality of the omission.
  2. Q: When does the time limit for administrative reconsideration begin to count? A: For applications for performance of duties without a time limit for performance, the time limit for reconsideration applications shall be calculated from the date sixty days after the administrative organ receives the application; for those with a clear time limit, the time limit shall be calculated from the date the time limit expires.
  3. Q: What should I do if the township government fails to investigate and deal with my neighbor's illegal construction? A: You can first submit a written application for the investigation and handling of the illegal construction and keep the proof of mailing and receipt. If the government fails to perform its duties within the time limit, you can apply for administrative reconsideration to the higher-level people's government, requesting that it confirm the government's failure to act as illegal and order it to perform its duties.
  4. Q: If the review authority confirms that the town government violated the law, but the town government has already submitted a reply, is it still useful? A: Yes, it is useful. Confirming the violation is a characterization of the previous overdue behavior, which fixes the facts of the administrative violation and can provide a basis for subsequent substantive investigations and supervision and accountability.
  5. Q: What is the reasonable timeframe for responding to an application for assuming duties? A: There is no uniform, mandatory timeframe set by law, but according to relevant administrative procedures, the matter should be handled within a reasonable timeframe. If the timeframe significantly exceeds what is considered reasonable (e.g., several months), it may be deemed a procedural violation.