[Direct answer]In the Beijing area, the focus is not on "proving one's innocence", but on refuting the other party's accusations - there are four key points: the construction time (if the construction precedes the implementation of the planning permit system or relevant regulations, it will be treated as a historical legacy and the law will not apply retroactively); the approval history (if the construction has been approved, the formalities have been completed, or the government departments have long tolerated it, the legitimate interests of the parties involved should be protected); the reasons for not obtaining permits (if it is objectively impossible to obtain permits due to historical reasons, it cannot be simply defined as illegal construction); and the identification procedures (if the subject exceeds its authority, fails to notify the parties involved of their rights to make statements and defend themselves, or violates the law in the process of service delivery). The core evidence includes: proof materials of the construction period (photos, payment receipts, and water and electricity connection records) and policy documents.

1. Problem background and typical scenarios

The demolition process has begun, and dozens of old houses suddenly received the "Decision on Identifying Illegal Buildings" — "Self-demolition within a specified time limit, no compensation will be provided". The tactic of using demolition to replace expropriation is not uncommon: once the building is identified as illegal, the compensation will be zero. Whether the house is actually illegal or not should not be decided by a single document from the authorities.

II. Key points of contention

First, the qualification rules for historical legacy housing. Second, the difference between unlicensed and illegal construction. Third, the review of the legality of the identification process. Fourth, the organization and retrieval of evidence.

III. Professional analysis by Henglue Lawyers

First, the defense of the timeline: The determination of illegal construction shall be based on the laws in force at the time of the act. Since the Urban and Rural Planning Law came into effect in 2008, construction acts before that date shall be evaluated according to the laws and regulations at that time. Many self-built houses and ancestral homes on collective land in the 1980s did not face the problem of "having the opportunity to obtain certificates but failing to do so". Applying today's standards to judge yesterday's houses violates the principle of non-retroactive application of laws. Materials proving the construction date include: early photos (stamped film photos, family albums), water and electricity installation bills, construction approval documents or village collective records from that time, tax payment certificates, and testimonies from neighbors and village committees. Second, the absence of certificates does not equal illegal construction: There are various reasons for the lack of property certificates - historical reasons making it impossible to obtain certificates (years and regions not covered by the planning permit system), changes in the registration system (rural housing on collective land not registered for a long time), and administrative negligence. As long as the construction itself complied with the management rules of the time or existed openly for a long time without being investigated, the legitimate expectations of the parties involved should be protected. The judicial review has repeatedly corrected the viewpoint of "compensation only with certificates" - judgments generally recognize that houses without certificates due to historical reasons should be compensated as legal buildings. Third, the list of procedural defenses: Identification subject - The authority to investigate and identify illegal construction lies with the urban and rural planning authorities (township governments in rural areas) or authorized comprehensive law enforcement departments. Other agencies' identification is invalid. Procedural requirements - Before making a determination, the authorities shall investigate and collect evidence, inform the parties of the proposed determination and their right to make statements and defenses, inform qualified parties of the right to a hearing, and ensure that the decision is served in accordance with the law. A decision made in violation of procedural law can be revoked. Fourth, evidence organization and retrieval: Own evidence - materials from the construction era, approval documents, and the house's use history (household registration address, business license address, school enrollment address). Request to retrieve - planning archives, cadastral information, and the housing and urban-rural development department's registration records. Lawyer's investigation orders or court retrieval are avenues. Policy evidence - local special documents on the handling of historical buildings and compensation guidelines in expropriation decisions, which are direct bases for "compensation as legal buildings". Fifth, remedies and strategies: Within 60 days of receiving the determination decision, parties may file for reconsideration or initiate litigation within six months (any forced demolition during this period is procedurally illegal). During litigation, parties may simultaneously demand compensation as legal buildings from the expropriation department. The tactical relationship between "illegal construction identification" and "expropriation compensation" is that reversing the qualification determination changes the compensation nature from zero to full; even if it cannot be reversed, parties should strive for discretionary compensation for historical buildings rather than blanket refusal of compensation. In Beijing, disputes over the identification of historical buildings are concentrated in urban-rural fringe areas, where many districts and counties have special policies for handling these issues. Finding and comparing these policies is often more effective than abstract legal discussions.

IV. Practical suggestions and legal basis

The first step is to review the historical background: organize the construction year, the approval process, and the reasons for the obstacles in obtaining certificates into a timeline. The second step is to collect evidence: sort and fix photos, payment receipts, installation records, and testimonies. The third step is to check policies: review local historical building processing documents and compensation guidelines. The fourth step is to seek relief quickly: the deadline for appealing against the determination decision is one day, so don't delay. The main legal basis includes Article 64 and Article 65 of the Urban and Rural Planning Law of the People's Republic of China, the provisions on punishment procedures in the Administrative Punishment Law of the People's Republic of China, and Article 24 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land; the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

The three arguments for defending illegal construction: the law does not apply retroactively, and old houses should be evaluated according to old rules; the reason for not having a certificate is more important than the result of having one, and historical issues should be compensated legally; the determination letter should be reviewed in terms of procedure first and then in terms of substance, and there should be no waiting even for a single day. For issues involving the determination of illegal construction and compensation for expropriation, you can seek help through legal channels.Land expropriation and demolition, and administrative litigationThe service provides a comprehensive solution, which involves the integration of housing ownership and registration.Property transactions and construction projectsFor plates involving claims for administrative compensation, you can refer to the following for referenceCreditor's rights and debts, and enforcement casesFor the plate, you can refer to it when retrieving evidenceSpecialised legal services板块。

VI. Frequently Asked Questions

Q1: Were the self-built houses in the 1980s considered illegal buildings?

According to the legal evaluation at the time of construction. At that time, there was no planning permission system, and the houses were historical legacies, which should generally be compensated as legal buildings.

Q2: Can I still get compensation after the building is identified as an illegal construction?

For those whose qualification has been revoked, they will be compensated according to the law; even if the qualification is maintained, they can still seek compensation based on historical causes and discretionary compensation.

Q3: What should I do if the demolition authorities forcibly demolished my property without delivering the notice of identifying the illegal construction first?

The forced demolition that is not served in accordance with the law and fails to inform the parties of their right to seek remedies is a procedural violation. The parties can sue to confirm the illegality of the demolition and apply for state compensation.

Q4: How are renovated houses identified?

For renovations carried out after the implementation of the Planning Law, it is necessary to review whether the approval has been obtained. The risk of renovating without approval is indeed higher, and the case will be evaluated on a case-by-case basis.

Q5: The village committee said that my house is an illegal construction. Is that valid?

No. The statutory authority to identify unauthorized construction belongs to the administrative authorities, and the village committees do not have the right to identify such constructions.

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

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 Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.