[Direct answer]In the Beijing area, the determination of illegal buildings is illegal, which does not mean that the buildings are necessarily legal. Instead, the determination may be revoked or confirmed as illegal by the review authority or the people's court due to violations of legal procedures. According to Article 64 of the Law of the People's Republic of China on Urban and Rural Planning, for those who fail to obtain a construction project planning permit or fail to build in accordance with the permit, the competent urban and rural planning departments of local people's governments at or above the county level shall deal with it; according to Article 44 of the Law of the People's Republic of China on Administrative Enforcement, the forced demolition of illegal buildings must first be announced and ensure the parties' rights to review and litigation. If the determination or forced demolition fails to comply with the procedures of notification, hearing, and announcement according to law, you can apply for administrative review within 60 days from the date you learn of the act, or file an administrative lawsuit within six months. It is recommended to verify the determination documents and procedural nodes as soon as possible, fix the evidence, and seek legal remedies according to law. For more details, please refer to the following link:Land expropriation and demolition services, and administrative litigation services.

1. Problem background and typical scenarios

Many parties only realize the procedural issues after receiving the "Decision on Demolition within a Limited Time" and the "Notice to Correct Violations". Typical scenarios include: the administrative authority failing to conduct any investigation or listen to the parties' statements and defenses before directly determining the building as illegal; the determination documents not being served according to law, with the parties only learning about it before the forced demolition; demolishing the building directly without going through the announcement process on the grounds of "historical legacy" or "unofficial documents"; and mistakenly labeling a building with legal construction approval documents as illegal. The common feature of such cases is that the parties lack the ability to determine whether their buildings are actually illegal and whether the determination process is legal. In addition to the determination of illegal construction, cases involving the overlapping of housing ownership and compensation can be addressed in conjunction with the above issues.Real estate sales and construction engineering servicesEvaluate them together.

II. Key points of contention

The controversy surrounding the illegality of the identification process focuses on three points. First, whether the process is complete: whether the statutory steps such as filing a case for investigation, on-site inspection, hearing opinions, and service have been carried out. The absence of any of these steps may constitute a procedural violation. Second, whether the forced demolition exceeded authority: according to Article 13 of the Administrative Enforcement Law of the People's Republic of China, administrative enforcement must be legally prescribed. Without explicit legal authorization, administrative authorities are not allowed to forcibly demolish without seeking the enforcement of the people's court. Third, whether the announcement and relief notifications are in place: Article 44 requires that an announcement must be made before forced demolition and that the parties' rights to appeal and litigation within the statutory time limit must be guaranteed. Based on the general experience of handling similar administrative cases in Beijing, the court reviews procedural flaws such as "forced demolition without announcement" and "demolition without guaranteeing the right to appeal and litigation" more strictly. For cases involving enforcement and property disputes, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Law Firm

Based on the practical experience of handling land expropriation and demolition cases and administrative litigation cases in our firm, cases involving procedural violations most commonly arise at the two ends of "evidence and key points". Many clients fail to preserve the delivery receipts, announcement photos, and communication records in time, making it difficult to prove the procedural deficiencies afterwards; some clients mistakenly believe that "since the house is a violation of construction regulations, it's a waste of effort to sue anyway", thus missing the deadlines for reconsideration and litigation. Henglu Lawyers usually first sort out the following issues: which authority made the determination, which article it relied on, whether a written decision was issued, whether it was legally served and announced, and whether the reconsideration and litigation periods were guaranteed before the forced demolition. Based on this, we determine whether to apply for reconsideration and revocation, initiate administrative litigation to confirm the illegality, or switch to state compensation after the forced demolition. In practice, cases involving procedural violations are not uncommon. The key lies in whether the "procedural deficiencies" can be fixed with evidence. For claims involving housing expropriation and compensation, the following can be combined with it:Business and contract dispute resolution services for enterprisesIt is coordinated by an administrative expertise team outside the organization.

IV. Practical suggestions and legal basis

The core legal basis includes: Article 64 of the Urban and Rural Planning Law of the People's Republic of China (implemented on January 1, 2008 and amended on April 23, 2019), which stipulates that the competent urban and rural planning departments at or above the county level shall order the suspension of construction, rectification within a specified time limit, imposition of fines, or demolition within a specified time limit for illegal construction; Articles 13 and 44 of the Administrative Enforcement Law of the People's Republic of China (implemented on January 1, 2012), which stipulate that forced demolition must be announced and the right to appeal and litigation must be guaranteed; Article 20 of the Administrative Review Law of the People's Republic of China (amended and implemented on January 1, 2024), which stipulates that an appeal must be filed within 60 days from the date of becoming aware of the administrative act; and Article 46 of the Administrative Litigation Law of the People's Republic of China (amended on July 1, 2017), which stipulates that a lawsuit must be filed within six months from the date of becoming aware of the administrative act. Practical suggestions: Immediately copy and retain the identification document and record the date of receipt; collect the delivery notice, announcement, on-site photos, and communication records; prioritize applying for review or initiating litigation within the statutory time limit and never wait until after forced demolition to assert rights; and inventory and video-record legal property in the house in advance to prevent losses from expanding. Where professional appraisals are involved, they can be combined with other evidence to support the case.Special services and other case services.

5. Henglu Law Firm's Advice

Determining that the identification process is illegal is a form of "procedural remedy", which can lead to the revocation of the illegal identification or forced demolition and the confirmation of the illegality, but it does not directly mean that the house will be identified as a legal building. It is recommended to take action as soon as possible after receiving the document, as the time limit is the lifeline of such cases; review and litigation can be chosen alternatively or connected together, and it is not advisable to give up just because you "think it's useless". At the same time, it is necessary to distinguish between procedural violations and whether the building is actually illegal. Lawyers will help you evaluate them separately. For cases involving intertwined family jointly-owned property, you can consult with them.Inheritance succession and family property division servicesClarify the ownership of the rights and interests to avoid all the rights and interests being mistakenly affected at the same time.

VI. Frequently Asked Questions

Q1: If the identification process is illegal, does that mean my house is considered a legal building and won't be demolished?

Not necessarily. The illegal procedures address whether the "identification or forced demolition actions are legal". The court may revoke such actions or confirm their illegality, but it does not directly change the planning attributes of the buildings themselves. If the buildings still constitute unlicensed illegal construction in reality, the administrative authorities may still re-issue a decision after completing the rectification procedures. Therefore, the meaning of "winning" is to rectify the illegal procedures and strive for negotiation and compensation opportunities, rather than necessarily preserving the buildings. Lawyers will help you evaluate the procedural illegality and substantive legality separately to avoid misjudging the outcome.

Q2: To prove that the identification process is illegal, what evidence do I need to prepare?

The core evidence includes: written documents issued by the administrative organ, such as the identification letter and the decision on demolition within a specified time limit; materials proving that you received or failed to receive the notice of demolition or the announcement (such as mailing records, on-site photos, and witness statements from neighbors); records reflecting the lack of investigation or failure to hear opinions; the construction year of the house, historical approval for construction or land use procedures, which can demonstrate that it is not a simple illegal construction; and images of the inventory of property before and after the forced demolition. The more evidence that can point to "procedural omissions", the more beneficial it will be for the appeal or litigation claims. It is recommended to fix the evidence as soon as possible to avoid its loss.

Q3: If a lawyer is hired to handle the illegal construction identification process, how much does it usually cost?

The attorney's fees are negotiated between the law firm and the client. They are usually charged on a contingency basis or according to a percentage of the case value, with the specific charges subject to the client contract. There is no nationwide standard pricing. If a review or first-instance litigation is initiated solely against a determination document, the fees are relatively manageable. However, if it involves state compensation after forced demolition or claims for property inside the house, the workload will increase accordingly. It is recommended to request a detailed fee breakdown, clarify the stages of representation and whether it includes litigation fees, preservation fees, and other third-party costs. Then, weigh the potential benefits against the costs to avoid losing the forest for the trees.

Q4: How long does it usually take from discovering that a program violates the law to completing the processing of it?

For review cases, a decision is generally made within 60 days from the date of acceptance, and the time limit may be extended if the case is complex; for administrative litigation, the first-instance ordinary procedure shall be concluded within six months, and the summary procedure shall be concluded within three months. For ongoing forced demolitions, one can apply for a stay of execution during the review and litigation processes to gain time. Overall, it often takes several months from filing to reaching a conclusion, but the key deadlines are 60 days for review and six months for litigation. Exceeding these deadlines may result in a dismissal of the case. It is recommended to initiate legal action as soon as possible after receiving the relevant documents, rather than waiting until after the forced demolition has taken place to take remedial measures.

Q5: I think the identification process is illegal. What should I do specifically in the first step?

It is recommended to proceed in four steps: Firstly, immediately make copies or take photos of all documents and note the date of receipt and the issuing authority; Secondly, collect the service notices, announcements, on-site records, and communication records to identify procedural omissions; Thirdly, apply for administrative reconsideration or initiate administrative litigation within the statutory time limit, and apply for a stay of execution if necessary; Fourthly, fix evidence of the legitimate property losses caused by the forced demolition and reserve space for subsequent compensation. Keep all supporting documents throughout the process and consult professional lawyers as soon as possible to assess the risks of both procedural and substantive issues.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are 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 Hengluo 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.