[Direct answer]It's not necessarily the case, and the situation needs to be distinguished. According to Article 64 of the Urban and Rural Planning Law of the People's Republic of China (amended in 2019), if a construction project fails to obtain a construction project planning permit or is constructed in violation of the provisions of the construction project planning permit, the competent urban and rural planning departments of local people's governments at or above the county level shall order the construction to be stopped; if corrective measures can still be taken to eliminate the impact on the implementation of the plan, the violator shall make corrections within a specified time limit and be fined not less than 5% but not more than 10% of the construction project cost; if corrective measures cannot be taken to eliminate the impact, the violator shall be ordered to demolish the construction within a specified time limit. If demolition is not possible, the violator's illegal income or the illegal items shall be confiscated, and a fine may be imposed in addition. It can be seen that whether the construction must be demolished depends on whether corrective measures can eliminate the impact on the implementation of the plan, such as completing the formalities, making partial rectifications, and meeting fire and spacing requirements. In addition, Article 65 stipulates that if a construction project is built within a rural planning area without obtaining a rural construction planning permit in accordance with the law or in violation of the provisions of the permit, the township or village people's governments shall order the construction to be stopped and corrected within a specified time limit; if the violator fails to make corrections within the time limit, the construction may be demolished. If the violator receives a notice of demolition within a specified time limit, he/she enjoys the rights of making statements, defending himself/herself, and applying for a hearing according to the Administrative Punishment Law of the People's Republic of China (effective from July 15, 2021), and may also apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law.Land expropriation and demolition, and administrative litigationYou can view similar questions in the column.

I. Problem Background and Typical Scenarios

When a party receives a notice of demolition within a specified time limit, they usually face several situations: First, the house was identified as an illegal building only after it had been built for many years, and the policy environment at the time of construction was different from the current one; Second, it belongs to a historically unlicensed house, and the failure to obtain planning permission was due to both the party's own reasons and objective constraints; Third, only part of the house exceeds the approved scope or fails to meet requirements, but the whole house is required to be demolished; Fourth, the notice only consists of a single announcement or an oral notification, lacking a formal written decision and information about remedies; Fifth, similar situations are widespread in the village, but the handling standards are inconsistent. When handling such cases in the Beijing area, the authorities typically first review whether the law enforcement entity has the authority and whether the facts are accurately identified, then check whether the situation can be rectified through corrective measures, and finally verify whether the procedures such as notification, statement and defense, hearing, and service are complete. For ancillary issues involving house ownership, the validity of sales contracts, and mortgages, they can be referred to together.Real estate transactions and construction projectsColumn.

II. Key points of contention

The first focus is whether it constitutes an illegal building, which needs to be judged based on the construction time, the planning conditions at that time, and the licensing situation. The second focus is whether corrective measures can be taken to eliminate the impact, which is the key to determining whether a time limit for correction or a time limit for demolition should be set. The third focus is whether the law enforcement subject is qualified. The competent departments of urban and rural planning and the township people's governments have different scopes of authority. The fourth focus is whether the identification procedure is legal and whether the investigation, notification, hearing of statements and defenses, and hearings are carried out. The fifth focus is whether the form and content of the notice are standardized, and whether the facts, reasons, basis, and remedies are stated. The sixth focus is whether there are situations of selective law enforcement or inconsistent standards. The seventh focus is the choice of remedies, which can be to apply for administrative reconsideration or to initiate administrative litigation, and to claim compensation for illegal demolition. The specific identification shall be based on the currently effective laws and regulations and judicial judgments.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handled by our firm, after receiving a notice of demolition within a specified time limit, the parties' responses can be divided into four steps. The first step is to verify the document and confirm the issuing authority, the name of the document, the identified facts and legal basis, as well as whether the rights to make statements and defenses, attend hearings, and initiate review litigation have been informed. The second step is to determine the nature of the case. The focus is on verifying the construction time of the house and the planning management situation at that time. If it belongs to historical legacy issues or only parts of it do not meet requirements, it should be claimed that the impact can be eliminated through corrective measures rather than demolition. According to Article 64 of the "Urban and Rural Planning Law of the People's Republic of China", if the planning implementation can still be affected by corrective measures, the party concerned shall make corrections within a specified time limit and be fined, which shows that demolition is not the only way to deal with the problem. The third step is to exercise procedural rights. Within the statutory time limit, submit written statements and defenses, and apply for a hearing if necessary, attaching evidence such as the construction time certificate, approval materials, surveying reports, and photos. These opinions and materials are not only the basis for the administrative authority to reconsider, but also the source of facts for subsequent review litigation. The fourth step is to connect with the relief procedures. If the party is not satisfied with the decision on demolition within a specified time limit, he/she may apply for administrative review or initiate administrative litigation in accordance with the law, and request a stop of the execution in time before the forced demolition occurs. If it has been illegally forcibly demolished, the party should fix the evidence on site and apply for state compensation. It should be noted that the exercise of procedural rights is subject to time limits, and failure to do so may be regarded as a waiver. Therefore, after receiving the document, the party should consult professionals and make arrangements as soon as possible.

IV. Practical suggestions and legal basis

Action proposal: First, after receiving the notice of demolition within a specified time limit, verify the subject of the document, the facts identified, and the legal basis to determine whether there are any mischaracterizations. For relevant procedural explanations, you can refer to the following materials for referenceLand expropriation and demolition, and administrative litigationFirst, the party concerned shall, within the statutory time limit, submit a written statement to defend himself/herself, claiming that corrective measures can be taken to eliminate the impact, and, if necessary, apply for a hearing. For matters involving litigation procedures, the party concerned may continue to pay attention to themSpecial services and other cases1. Column; 2. Collect evidence of the construction time, such as old photos, village collective certificates, water and electricity payment records, and aerial photography images, to support historical circumstances; 3. Actively understand the feasibility of completing the formalities or making partial rectifications, communicate with the competent departments, and keep records; 4. Apply for administrative reconsideration or initiate administrative litigation in a timely manner if dissatisfied with the decision; 5. When facing the risk of forced demolition, prepare for inventory of property and on-site evidence collection. Legal basis: Articles 64, 65, and 68 of the Urban and Rural Planning Law of the People's Republic of China (amended in 2019); The provisions on notification, statement and defense, and hearings in the Administrative Punishment Law of the People's Republic of China (effective July 15, 2021); Article 44 of the Administrative Enforcement Law of the People's Republic of China (effective January 1, 2012); Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, not all illegal buildings must be demolished. Whether corrective measures can be taken to eliminate their impact is the key to distinguishing different approaches to handling them. Secondly, for historically unlicensed houses, it is important to provide evidence of the construction time and the policy environment at that time. Thirdly, the right to make statements and defenses and to participate in hearings is a statutory right. Giving up the exercise of this right will deprive subsequent remedies of an important basis. Fourthly, if the decision to demolish within a specified time limit is ignored and no rights are claimed, the case may directly proceed to the stage of forced execution. Fifthly, in cases of partial over-construction and non-compliance with requirements in certain areas, the entire building should not be demolished. Sixthly, such disputes involve multiple issues including planning, law enforcement, and compensation. It is recommended to engage professional lawyers as soon as possible to assess the nature of the case and organize evidence collection.

VI. Frequently Asked Questions

Q1: Is it necessary to require the demolition of illegal buildings within a specified timeframe?

Not necessarily. According to Article 64 of the Urban and Rural Planning Law of the People's Republic of China, if corrective measures can still be taken to eliminate the impact on the implementation of the plan, the violator shall make corrections within a specified time limit and be fined; if it is impossible to take corrective measures to eliminate the impact, the violator shall be ordered to demolish the structure within a specified time limit.

Q2: Can I appeal if I receive a notice requiring demolition within a specified timeframe?

Yes. According to the "Administrative Punishment Law of the People's Republic of China", the party concerned enjoys the right to make statements and defend himself, and may apply for a hearing if he meets the requirements; he may also apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit.

Q3: How should we deal with historically inherited unlicensed buildings?

It is necessary to comprehensively judge based on the construction time, the planning and management situation at that time, and the nature of the land. Materials such as the village collective certificate, old photos, payment records, and aerial images can be submitted to argue that the building does not fall into the category of those that should be demolished.

Q4: Will only some of the superstructures be demolished entirely?

This should not usually be the case. Administrative authorities should distinguish between the legal and illegal parts, and only deal with the illegal parts in accordance with the law. The overall demolition may be deemed illegal if it exceeds the necessary scope.

Q5: What should I do if I disagree with the decision to demolish the building within a specified timeframe?

You can apply for administrative reconsideration or initiate administrative litigation within the statutory time limit to request the revocation of the decision; if the house has been forcibly demolished in violation of the law, you should fix the on-site evidence and apply for compensation in accordance with the "State Compensation Law of the People's Republic of China".

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudicative opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.