[Case Summary]This case is an administrative review case in which the township government failed to perform its duty of informing and investigating according to law. Liu ** of Qianjin Town, XX District, Beijing City, whose homestead is adjacent to that of his neighbor Wang **, found that in 2021, Wang ** built a house without a license on the homestead that was not registered under his name, which seriously affected Liu **'s daylighting, ventilation, accessibility, and living safety. Liu ** entrusted Beijing Henglu Law Firm to handle the case for him.程春梅Attorney,Zhang WeiOn May 26, 2026, the lawyer sent a "Application for Investigation of Illegal Activities" to the People's Government of Qianjin Town. Although the town government conducted investigations and inquiries after receiving the application, it failed to provide any response to the applicant until the date of initiating the administrative reconsideration. The lawyer represented the applicant in the administrative reconsideration. The reconsideration organ determined that the town government had the duty to investigate and was obligated to inform the applicant of the results. According to Article 65 Paragraph 2 Item (2) of the "Administrative Reconsideration Law", it confirmed that the town government's failure to fulfill its statutory duty to inform the applicant of the handling results was illegal.

I. Review of the Case

The applicant, Liu **, lives adjacent to the residential land of the defendant, Wang **. In 2021, Wang ** carried out house construction within the residential land registered to Wang **1, who is not a member of the village collective economic organization. The construction was not approved by the Rural Construction Planning Permit and lacked any planning and approval procedures. After the house was built, it seriously infringed on the lighting, ventilation, accessibility, and residential safety of Liu **'s house, and at the same time, it disrupted the planning order of the village.

Many parties are confused about what to do if the town government fails to respond, and this case provides a clear answer. On May 26, 2026, Liu * entrusted Beijing Henglu Law Firm to handle the case for him/her.程春梅Attorney,Zhang WeiThe lawyer mailed the "Application for Investigation of Illegal Construction" to the People's Government of Qianjin Town, XX District, Beijing City, requesting that the illegal building be investigated and dealt with in accordance with the law.

After the respondent signed for receipt, it retrieved materials such as the household plot registration card, the civil judgment, and the land parcel schematic map, and conducted on-site verification. On June 12, 2026, it also questioned Wang * and prepared the "Interrogation Transcript". However, as of the date when Liu * filed for administrative reconsideration, the respondent had not provided any response to Liu * nor informed him of the progress and outcome of the handling. It was not until August 8, 2026 (after the reconsideration was accepted) that the respondent issued the "Reply Letter".

The lawyer believes that the township government bears the responsibility for the illegal construction of residential plots in its jurisdiction, and its failure to respond or notify the applicant for a long time constitutes administrative omission. Therefore, the lawyer, on behalf of the applicant, applied for administrative reconsideration to the People's Government of XX District of Beijing City, requesting that the respondent be confirmed to have failed to perform its statutory duties, and ordered to initiate an investigation, make a determination of the violation, and deal with it according to law, and at the same time, inform the applicant of the handling results in writing.

II. The focus of the case

  • Does the township people's government have a statutory duty to investigate and deal with illegal construction in its jurisdiction that has not obtained a rural construction planning permit?
  • After receiving the application for real-name investigation and punishment, the administrative organ shall, in addition to investigating and verifying the facts, determine whether it has the legal obligation to inform the whistleblower of the handling results.
  • During the review process, if the respondent submits a reply, can it offset the previous illegal evaluation for failing to fulfill the obligation to provide information on time?

III. The professional intervention of Hengluo Law Firm

The applicant (Liu **) claims that after receiving the application for investigation, the town government failed to respond or inform of the handling result for a long time, which constitutes administrative omission. It should be confirmed that the town government violated the law and be ordered to perform its duties.

The respondent (People's Government of Qianjin Town) argued that after receiving the application, it had arranged for the Town Urban Construction Office and the Comprehensive Law Enforcement Team to conduct an investigation, retrieve information, interview the parties concerned, and compare satellite images. It concluded that the houses involved in the case were reconstructed on the original site, without expanding the land area or adding floors, and did not meet the conditions for demolition. On August 8, 2026, the respondent issued a "Reply Letter" and delivered it to the applicant, ensuring the applicant's right to information. It requested that the appeal request be dismissed.

\nCheng ChunmeiAttorney,Zhang WeiThe attorney's representation opinions are outlined as follows:

First, clarify the responsibilities for investigation and handling. According to Article 65 of the Urban and Rural Planning Law and Article 5, Paragraph 3 of the Regulations on Prohibiting Illegal Construction in Beijing, township people's governments have the responsibility to investigate and handle construction activities that have not obtained rural construction planning permits in accordance with the law.

Secondly, we need to clarify the obligation to provide information. According to Article 70 Paragraph 1 of the "Beijing Urban and Rural Planning Regulations", if the reported matter falls within the scope of their duties, they shall promptly accept and verify it, handle it, and inform the reporter of the results of the handling. Internal investigations, on-site verifications, and questioning of the parties cannot substitute for external disclosure.

Thirdly, refute the "already responded" defense. The "Reply Letter" issued by the respondent on August 8, 2026 occurred after Liu * * * filed for administrative review, which cannot change the fact that the respondent failed to fulfill its obligation to inform beforehand. Moreover, the respondent has separately applied for administrative review in this case. Therefore, the previous actions of the respondent should be confirmed as illegal in this case.

IV. Outcome of the case

After accepting the administrative reconsideration, the People's Government of XX District found that: On May 27, 2026, the town government received the application for investigation and punishment. Although the town government subsequently carried out some information retrieval and inquiry work, by the time the applicant filed for administrative reconsideration, the town government had not given any reply to the applicant and failed to fulfill its obligation to inform the applicant of the results; the response document in question was actually prepared and served on August 8, 2026, after the administrative reconsideration was accepted.

The review organ held that: According to Article 65 of the Urban and Rural Planning Law and Article 5, Paragraph 3 of the Beijing Municipal Regulations on Prohibiting Illegal Construction, the People's Government of Qianjin Town has the duty to investigate and deal with the case; according to Article 70, Paragraph 1 of the Beijing Municipal Regulations on Urban and Rural Planning, the review organ should inform the complainant of the handling result. The existing evidence cannot prove that the town government fulfilled its obligation to inform the complainant before the review application, and such act is indeed illegal. Although the town government provided a reply during the review, the applicant has already applied for a review of the reply separately, and it is meaningless to order the town government to fulfill its obligation repeatedly.

Therefore, the review organ made a review decision in accordance with Article 65 Paragraph 2 Item (2) of the Administrative Review Law of the People's Republic of China: It confirmed that the defendant, the People's Government of Qianjin Town, violated its legal duty to inform the applicant of the handling result of his application for performing his duties. If the party concerned is not satisfied with the decision, he may file an administrative lawsuit with the people's court within 15 days after receiving the decision letter.

5. Henglu Law Firm's Reminder

Many parties involved have misunderstandings: they believe that as long as the government sends someone to inspect the scene, it is considered that the government has fulfilled its duties. In fact, when the township government receives an application for real-name investigation, it not only needs to conduct verification and collect evidence, but also has the legal obligation to inform the applicant in writing of the acceptance situation, the progress of the investigation, and the final results. Even if an internal investigation has been conducted, but the government fails to inform the applicant within the legal time limit, the procedure is still illegal. Submitting a reply during the review period cannot offset the previous illegal evaluation of failing to inform the applicant on time.

When the right of neighboring is infringed by illegal construction and the administrative organ delays in responding after receiving the application, it can entrust professional administrative lawyers to supervise the performance of duties through administrative reconsideration and administrative litigation. This case is handled by Beijing Henglu Law FirmProgrammers who are good at using the tools and technologies of the times are more likely to succeed in the software development industry.Attorney (Practice Certificate No.: 11101202511071560, subject to the certificate issued by the judicial administrative organ)Zhang WeiThe lawyer (practice license number: 11101202311579912, subject to the document issued by the judicial administrative organ) acts as the agent.

VI. Common Questions and Answers about Administrative Lawsuits Involving Land Acquisition and Demolition

  1. Q: What should I do if there's no response after reporting illegal construction to the town government?
    A: Administrative authorities have the obligation to inform the applicant of the results after receiving an application for real-name investigation. If the authorities fail to respond for a long time, the applicant may apply for administrative reconsideration or initiate administrative litigation to confirm that the authorities have violated their legal duties by failing to perform their duties as required by law.
  2. Q: If the government sends someone to inspect the scene, does that count as fulfilling their duty?
    A: It doesn't count. In addition to on-site verification, the applicant should also be informed in writing about the progress of acceptance and investigation, as well as the final results. Internal investigations cannot replace external notifications, and failing to notify the applicant within the prescribed time is still a procedural violation.
  3. Q: My neighbor built a house without a permit, which affects the lighting and ventilation in my house. How can I protect my rights?
    A: You can submit a written application for illegal investigation and punishment to the township government and urge it to investigate and punish according to Article 65 of the Urban and Rural Planning Law; if the government fails to take action, you can file for reconsideration or litigation.
  4. Q: Is it still useful for the administrative organ to provide a reply during the reconsideration period?
    A: It can make up for procedural defects, but it cannot offset the illegal evaluation that was not reported on time before. The review organ can still confirm that the previous actions were illegal.
  5. Q: If it's confirmed that the town government violated the law, can they still insist on demolishing the illegal buildings?
    A: Yes. After confirming that the construction process is illegal, it remains to be determined whether the building is indeed an illegal construction and whether it should be demolished. You can continue to assert your substantive rights through subsequent review and litigation.