[Direct answer]In the Beijing area, after a farm is identified as an illegal construction, the farmer can still claim their rights according to the law, and it's not always demolished without compensation. The key lies in clarifying whether the farming facilities belong to agricultural land with facilities, whether the land use filing has been handled according to the law, and whether the identification and demolition procedures are legal. According to the Land Management Law of the People's Republic of China and the Urban and Rural Planning Law of the People's Republic of China, the identification of illegal construction must go through legal procedures such as investigation, notification, and hearing. Forced demolition without going through these procedures can be challenged in court for revocation. It is recommended to apply for administrative reconsideration or initiate administrative litigation in a timely manner after receiving the decision to demolish within a specified time limit, and to apply for evidence preservation within the legal time limit. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.

I. Problem Background and Typical Scenarios

Farmers build poultry sheds and pig sheds on contracted land or self-owned land, but they are identified as illegal buildings by township governments and ordered to demolish them within a specified timeframe because they have not gone through the formalities of registering the facilities as agricultural land or been included in village planning. Typical scenarios include: historically established farms being identified as illegal buildings due to planning adjustments; facilities for agricultural use having expired registration that has not been renewed; and using demolition of illegal buildings to replace compensation for expropriation, evading the obligations of resettlement and compensation. Many farmers panic and demolish the structures themselves after receiving the notices, missing the opportunity for relief. In cases involving disputes over land ownership, relevant parties may refer to the following provisions for resolution:Legal services for real estate transactions and construction projectsClarify the nature of the land use.

II. Key points of contention

There are three main points of contention. Firstly, the classification of land use: whether the farming facilities belong to agricultural land and whether they have been registered in accordance with the law directly determines whether they can be managed as agricultural land rather than being demolished as illegal buildings. Secondly, the legality of the procedure: whether the administrative authorities have fulfilled the statutory procedures such as investigation, ordering rectification within a specified period, issuing notices, holding hearings, and serving notices. Demolition decisions made in violation of the law can be revoked. Thirdly, the boundary between compensation and expropriation: some cases are actually expropriation and demolition, but are disguised as demolition of illegal buildings to avoid compensation, which involves the legitimacy of the administrative purpose. For cases involving administrative enforcement, reference can be made to the relevant provisions of the Administrative Enforcement Law of the People's Republic of China.Business and contract dispute resolution services for enterprisesEvaluate the flaws of the evaluation process.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling land and demolition cases, the most common problems in the demolition of livestock farms are the classification of the use of the land and the legality of the demolition procedures. According to the "Law of the People's Republic of China on Urban and Rural Planning" (implemented on January 1, 2008 and amended on April 23, 2019) and the "Law of the People's Republic of China on Administrative Enforcement" (adopted on June 30, 2011 and implemented on January 1, 2012), administrative authorities should guarantee the rights of parties to make statements, defend themselves, and participate in hearings before making decisions to demolish within a specified time limit. Forcible demolition must be preceded by a legal notice and an application for enforcement by the people's court. Township governments generally do not have the right to directly carry out forced demolitions. Henglue Lawyers usually recommend the following: First, verify the land use procedures and planning documents of the livestock farms to identify procedural violations, and then initiate a review or litigation to suspend the execution. For compensation disputes, a follow-up action can be taken.Special services and other case servicesClaim them together.

IV. Practical suggestions and legal basis

The legal basis includes the provisions of the Land Administration Law of the People's Republic of China (amended on August 26, 2019 and implemented on January 1, 2020) concerning the protection of agricultural land and facilities for agricultural use; the provisions of the Urban and Rural Planning Law of the People's Republic of China concerning the identification and demolition procedures of illegal construction; the provisions of the Administrative Enforcement Law of the People's Republic of China concerning the procedures of compulsory execution; and the provisions of the Administrative Review Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024) and the Administrative Litigation Law of the People's Republic of China (amended on June 27, 2017 and implemented on July 1, 2017) concerning the time limits for remedies. Practical suggestions: Upon receiving the decision, immediately calculate the time limits of 60 days for review and six months for litigation; apply for a hearing and make statements and defenses; request the revocation of the forced demolition and apply for evidence preservation; and, if necessary, initiate administrative compensation. Where personal rights and interests are intertwined, relevant provisions may be combined accordingly.Personal injury and medical dispute servicesThe sorting out of ownership evidence beyond the above-mentioned items.

5. Henglue Law Firm's Advice

The farm was identified as an unauthorized construction. Please do not panic and dismantle it on your own or resist law enforcement by force. The first step is to verify the nature of the land and the filing procedures to determine whether it belongs to a facility agricultural land; the second step is to check whether the administrative procedures are legal, identifying the flaws in the investigation, notification, hearing, and service stages; the third step is to file an appeal or lawsuit within the statutory time limit and apply for a stay of execution to prevent the demolition from becoming a fait accompli. If there are debts and compensation issues involved, you can seek help from relevant authorities.Creditor-debtor relations and enforcement case servicesCoordination; if you need professional support, you can visitThe official website of Beijing Henglu Law FirmMake an appointment for a consultation.

VI. Frequently Asked Questions

Q1: If the farm is identified as an illegal construction, can we win the lawsuit and protect our rights?

The outcome of the lawsuit does not depend on a single promise, but on the nature of the use and the legality of the procedures. If the farm is indeed classified as a facility for agricultural use and is legally registered, or if the administrative authorities fail to perform statutory procedures such as investigation, hearing, and service, the court may rule to revoke the decision to demolish within a specified time limit, leaving more room for preserving or completing the formalities. Conversely, if it is indeed an unapproved occupation of basic farmland and the procedures are compliant, the risk of losing the case is higher. It is recommended that lawyers first review the planning and registration files to assess the possibility of revocation, and never believe in unrealistic promises of preservation.

Q2: What evidence do I need to prepare to protect my rights at the farm?

The core evidence includes: land contracting contracts or transfer agreements (proving the source of land use), materials for filing and approval of facilities for agricultural use (proving legal land use), identification documents from planning departments and natural resources departments, and notices of demolition within a specified time limit (proving administrative acts), on-site photos and videos (proving the current state and use of the building), as well as notices of reminder, hearings, and service receipts (proving procedural milestones). The evidence should focus on the legality of use, the illegality of procedures, and the scope of losses. If materials are missing, you can apply to the administrative authority for information disclosure and retrieval. Never give up your claims just because the evidence is weak.

Q3: How much does it cost to hire a lawyer and litigate a case?

The litigation fees are paid according to the nature of the case in accordance with the "Measures for the Payment of Litigation Costs". The acceptance fees for administrative litigation cases are relatively low and are usually borne by the losing party; if an administrative compensation claim is filed concurrently, the fees are calculated based on the amount of the compensation request. The attorney's fees are determined based on the complexity of the case, the area involved, and the workload, either on a per-case basis or as a percentage of the litigation amount, subject to the specific provisions of the retainer contract. There is no unified government pricing for these fees. It is recommended to clarify the fee calculation method and upper limit with the law firm before entrusting them, weigh the benefits and costs of protecting rights, and make rational choices for cases with no obvious room for withdrawal.

Q4: How long does the entire process of protecting one's rights take?

The administrative reconsideration generally makes a decision within 60 days, and the time limit may be extended if the case is complex; the first-instance administrative litigation shall be concluded within six months in the ordinary procedure and within three months in the summary procedure. For forced demolition actions, it is also possible to apply for a stay of execution to suspend the demolition. If the case enters the administrative compensation procedure, the time period will be extended accordingly. Overall, from reconsideration to litigation and enforcement, it often takes several months to more than a year. It is recommended to apply for evidence preservation and a stay of execution at the same time as litigation to prevent relief from being rendered futile after the building is demolished and to shorten the actual period of rights protection.

Q5: What should I do specifically in the first step?

It is recommended to proceed in four steps: First, immediately make copies or take photos to preserve the decision on demolition, the identification documents, and the delivery receipts, and record the issuing authority and the date; Second, verify the registration of the farm facilities and the planning documents to determine whether the use classification is justified; Third, within the statutory time limit (60 days for reconsideration and 6 months for litigation), apply for administrative reconsideration or initiate administrative litigation, and apply for suspension of enforcement; Fourth, simultaneously apply for a hearing, retrieve the administrative enforcement files, and, if necessary, engage a lawyer to evaluate the procedural flaws and potential compensation.

The above answer is based on the judicial practice in Beijing. The adjudication standards 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 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.