[Direct answer]Unlicensed housing does not equate to illegal construction. There are many reasons why a house does not have a property ownership certificate (such as being built a long time ago, an incomplete registration system, or inheritance or sale transactions that have not been registered), and administrative authorities must investigate and determine the situation in accordance with Article 64 of the Urban and Rural Planning Law of the People's Republic of China and other provisions. They cannot directly presume that "unlicensed" housing is "illegal construction" and proceed with demolition without due process. When demolishing illegal buildings, the administrative authorities must follow legal procedures such as public notice, a deadline for voluntary demolition, and a reminder. During the period of administrative review and litigation, the administrative authorities are not allowed to forcibly demolish the buildings (Article 44 of the Administrative Enforcement Law of the People's Republic of China). If faced with forced demolition, victims should immediately report the matter to the police to preserve evidence, and apply for administrative review within 60 days from the date they learn of the administrative action, or file an administrative lawsuit within six months (Article 46 of the Administrative Litigation Law of the People's Republic of China). After confirming the illegality of the action, victims may claim compensation in accordance with the State Compensation Law of the People's Republic of China. Victims can first seek legal assistance through legal channels.Legal services for land expropriation and demolition, and administrative litigationOrBeijing Henglu Law FirmEvaluate the rights protection plan.

1. Problem background and typical scenarios

The causes of the formation of unlicensed houses are complex: old houses built during the period of irregular construction and management of villages and towns in the 1980s and 1990s, houses built on rural residential plots with approval, houses left over before the transformation of urban villages, houses that have not been registered for a long time after inheritance or sale, and houses with missing approval materials are all easily labeled as "illegal buildings" during the demolition process. In some places, in order to reduce compensation costs and speed up the signing process, demolition of illegal buildings is used instead of compensation: first, a decision to demolish within a specified time is issued, then demolition is organized under the guise of enforcement, and even sudden forced demolitions are carried out bypassing all procedures. The parties often encounter sudden forced demolitions at night or in the early morning, with their property inside the house damaged. Afterwards, they are told that "no compensation will be provided for unlicensed houses". Whether unlicensed houses can be demolished, whether compensation is required, and how to pursue accountability are the core questions in such cases.

II. Key points of contention

  • Determination of the nature of the house: The determination of illegal construction requires clarifying the construction time, whether it meets the planning requirements at the time of construction, and whether corrective measures can be taken. All historically unlicensed houses are treated as illegal construction, which lacks factual and legal basis and is also the focus of judicial review.
  • The legality of the demolition process: the investigation, written notification, announcement of the deadline for demolition, urging, and decision on forced execution are interconnected; according to Article 44 of the Administrative Enforcement Law of the People's Republic of China, the administrative organ shall not forcibly demolish the subject within the time limit for the subject to apply for administrative reconsideration or initiate administrative litigation. Forcible demolition during the night raid and within the period of reconsideration and litigation is obviously illegal.
  • The standard of compensation: After the forced demolition is confirmed to be illegal, how to determine the scope and amount of compensation directly affects the actual income of the parties involved. In judicial practice, it is generally believed that the compensation for forced demolition should not be lower than the compensation that the parties would have received if the demolition had been carried out in accordance with the law.

III. Professional analysis by Henglue Law Firm

The experience of Henglue Law Firm in handling similar cases is to "put evidence first and proceed with procedures in parallel". The first step is to secure evidence: report the case to the police and request a police report and on-site records, film the demolition scene from a safe location, record the participants, vehicles, and unit logos, organize a list of the house and its contents, review the approval materials for certificates, and collect witness statements from neighbors. The second step is to review and determine the legitimacy of the documents: determine whether the subject has the appropriate authority, whether the investigation into the construction date and historical causes has been conducted, whether the facts and the service process are legal, and challenge any defects through targeted administrative reconsideration or litigation. The third step is to challenge the procedures: challenge the demolition deadline decision and the forced demolition actions separately. The deadline starts from the date of knowing the administrative act, with 60 days for administrative reconsideration and 6 months for administrative litigation. If necessary, apply for information disclosure simultaneously to retrieve documents such as the expropriation approval and compensation plans, and verify whether the project nature belongs to "using demolition to promote expropriation". The fourth step is to claim compensation: provide evidence for the replacement value of the house, the decoration fixtures, the contents of the house, and the losses of relocation and temporary accommodation, and calculate the base amount by referring to the expropriation compensation standards. Practical observations show that courts generally do not directly determine unlicensed houses as illegal buildings if they have long construction histories, have been inhabited for a long time, and have approval basis or legitimate historical causes. For actions such as failing to announce the demolition notice or carrying out demolition during the administrative reconsideration and litigation period, courts usually confirm the illegality and order compensation. For complex individual cases, further legal measures can be taken. 恒略律师办理同类案件的经验是“证据先行、程序并进”。第一步固定证据：报警并索取报警回执与出警记录，在安全位置拍摄拆除现场视频，记录参与人员、车辆与单位标识，整理房屋及屋内物品清单、证照审批材料、邻居证言。第二步审查认定文书：审查主体是否有相应职权，调查建成年代与历史成因，认定事实与送达程序是否合法，发现瑕疵即可针对性复议诉讼。第三步程序对抗：分别对限期拆除决定、强拆行为提出主张，期限自知道行政行为之日起算，行政复议60日、行政诉讼6个月，必要时同步申请信息公开，调取征收批文、补偿方案等文件，核实项目性质是否属于以拆违促征收。第四步赔偿主张：围绕房屋重置价值、装修附属物、屋内物品、搬迁与临时安置损失逐项举证，参照征收补偿标准核算基数。实践观察显示：建成年代久远、长期居住且有审批依据或正当历史成因的无证房屋，法院通常不支持径行认定为违建；对未公告催告、趁复议诉讼期间实施拆除的行为，法院一般确认违法并责令赔偿。个案情况复杂的，可通过Special services and other case servicesObtain a cross-disciplinary evaluation.

IV. Practical suggestions and legal basis

Legal basis: Article 64 of the Law of the People's Republic of China on Urban and Rural Planning (effective April 1, 2008) stipulates that if construction is carried out without obtaining a construction project planning permit, the situation shall be distinguished into two categories: one where corrective measures can still be taken to eliminate the impact on the implementation of the planning, and the other where the impact cannot be eliminated. In the former case, the violator shall be ordered to make corrections within a specified time limit, fined, or have the structure demolished within a specified time limit; in the latter case, the structure shall be demolished without exception. Article 13 of the Law of the People's Republic of China on Administrative Enforcement (effective January 1, 2012) stipulates that administrative enforcement shall be prescribed by law. Where the law does not provide for administrative enforcement by government agencies, the enforcement shall be applied for by the people's court. Article 44 of the same law stipulates the announcement of demolition of illegal structures and the procedures for ordering self-demolition within a specified time limit. Article 46 of the Law of the People's Republic of China on Administrative Litigation stipulates a six-month time limit for filing a lawsuit. Article 2 of the Law of the People's Republic of China on State Compensation (amended in 2012) stipulates that where state organs infringe upon legitimate rights and interests by exercising their powers illegally and cause damage, the victim shall have the right to obtain state compensation. Article 4 includes property damage caused by the illegal exercise of powers into the scope of administrative compensation. Practical advice: Keep historical evidence such as building approval documents and old photos properly stored; calculate the time limit for filing an appeal or lawsuit from the day the demolition order is received, and avoid delaying action; record the scene of forced demolition in a safe manner and avoid confronting law enforcement officers directly; and first conduct a legality review after hiring a lawyer, then proceed to compensation negotiations, and the order of these steps must not be reversed.

5. Henglu Law Firm's Advice

The golden window for defending the rights of unlicensed housing is usually within a few months before and after forced demolition: the decision on limited demolition before forced demolition is the direct object of review and litigation, and after forced demolition, it is necessary to confirm the illegality and claim compensation as soon as possible. Missing the deadline will put you at a disadvantage. There are three pitfalls that are most likely to fall into: first, mistakenly believing that if the unlicensed housing is demolished, it's just a waste of effort, and giving up all claims; second, signing a blank compensation agreement or a voluntary surrender of the house under pressure, which is difficult to overturn later; third, only focusing on the amount of compensation without questioning the identification and demolition procedures, resulting in a lower compensation base. If you are currently facing similar problems, you can seek help throughLegal services for land expropriation and demolition, and administrative litigationOrBeijing Henglue Law FirmConsult as early as possible, fix the evidence, and formulate a procedural plan.

Q1: Is a house without a property ownership certificate necessarily an illegal construction?

Not necessarily. The reasons for having no certificates include that the building was built before the current planning management system, the registration system is not sound, the approval materials are lost, and the inheritance or sale has not been registered, etc. These situations are completely different from the nature of illegal construction. The identification of illegal construction must be based on Article 64 of the Urban and Rural Planning Law of the People's Republic of China, and combined with the construction time, the planning requirements at that time, and whether it can be corrected to make a comprehensive judgment. If the administrative organ fails to investigate the construction time and historical causes, and merely issues a document identifying the building as illegal or ordering its demolition within a specified time limit on the grounds of having no certificates, it is considered that the facts are unclear and the evidence is insufficient. It can be corrected through administrative reconsideration or administrative litigation.

Q2: What should be done at the scene of a forced demolition?

The first priority is personal safety and avoiding direct confrontation. Simultaneously, do the following four things: immediately call 110 to report the incident and request a police report, as the police report is a key piece of evidence for determining the demolition time and the responsible party; continuously film the scene from a safe location, recording the number of participants, their uniform badges, vehicle license plates, and on-site commanders; compile photos and inventories of the house structure, decorations, and valuables inside the house; exchange contact information with neighbors and share evidence. Do not seize mechanical equipment or engage in excessive behavior, as this may lead to personal injury or legal liability. Leave the assertion of rights to the legal process.

Q3: How long after the forced demolition is it effective to file a lawsuit?

The application for administrative reconsideration generally should be submitted within 60 days from the date of becoming aware of the administrative act, and the time limit for administrative litigation is 6 months according to Article 46 of the Administrative Litigation Law of the People's Republic of China. For the decision on demolition within a specified time limit and the act of forced demolition, claims can be made separately, and the time limits for the two actions start from different dates. If it is difficult to identify the entity responsible for the demolition, the plaintiff can locate the defendant through methods such as reporting to the police and requesting information disclosure before filing a lawsuit. The statute of limitations for seeking state compensation after confirming the illegality is 2 years (Article 39 of the State Compensation Law of the People's Republic of China), starting from the date when the plaintiff becomes aware or should have become aware of the infringement of his rights. It is recommended to take action as soon as possible to prevent the loss of evidence and the expiration of the time limit.

Q4: Can I still get compensation after the unlicensed house is forcibly demolished?

Yes. If a house that was legally built or has a legitimate historical origin is illegally demolished, the owner is entitled to compensation according to Articles 2 and 4 of the State Compensation Law of the People's Republic of China. The scope of compensation includes the replacement value of the house, the decoration accessories, the losses of items in the house, and the losses of relocation and temporary resettlement. Even if the house does have some unlicensed extensions, the demolition should still follow legal procedures. If the procedures are illegal, the owner can still claim compensation for the legal parts of the property. In judicial practice, courts often refer to the compensation schemes for expropriation and the standards of similar projects to determine the amount of compensation. They maintain that the compensation for illegal demolition should not be lower than the compensation provided by law. The parties should insist on calculating the compensation item by item according to the expropriation standards and not accept the bundled compensation schemes based on the premise of "no compensation for illegal construction".

Q5: If I hire a lawyer to handle the case of forced demolition of an unlicensed house, how will the fees be calculated?

Generally, fees are charged in stages: one stage for legal review and administrative reconsideration, one stage for administrative litigation, and another stage for state compensation procedures. There are also actual expenses such as information disclosure, appraisal and evaluation, and travel expenses, which vary greatly from region to region and firm to firm. The key issue is not the price quote, but whether the written agency contract clearly specifies the agency stages, powers, and billing methods. Risk-based fees for land expropriation and demolition cases are subject to professional norms restrictions, and promises such as "no fee if no win" and "guaranteed high compensation" should be treated with caution. It is recommended to bring all identification documents, demolition site evidence, and ownership materials with you when meeting with lawyers, and to decide whether to hire them after the lawyer provides a phased plan.

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