4 Intermediate People’s court source: top ten typical cases of administrative trial of Beijing No.
However, the illegality of construction itself does not mean that construction materials will also become illegal property.
law enforcement organ’s illegal administrative act of compulsory demolition of urban and rural construction: under the condition that the forcible demolition procedure is legal, if the relative does not dismantle within the specified time limit, it should be regarded as giving up the ownership of building materials, The administrative organ shall not be liable for compensation for the damage of building materials; In the case of illegal demolition, the illegal status of the building is uncertain or although the illegal status is determined, the opposite party can demolish it by itself to maximize the protection of the property value of the building materials.
Then, will the value of building materials be compensated after the illegal construction is demolished? Referee rule 1 Without the legal notification procedure, the administrative organ deprived the relative of the right to self relief, resulting in the expansion of the loss of building materials, which should be compensated – the essence of the case of Tang v.
Therefore, the scope of compensation is limited to the scope that can be remedied in theory, that is, the loss that the opposite party can reduce through self demolition.
Trial court: Beijing No.
If the administrative organ forcibly demolishes in violation of the law, resulting in the loss of recyclable and recycled waste building materials, it shall make compensation according to law.
Compensation shall be limited to the reasonable loss that may be reduced by building materials.
Pinggu District People’s Government of Beijing: 1 Illegal construction itself does not belong to legal property rights and interests, and the people’s court should not support citizens, legal persons or other organizations who file administrative proceedings to request the administrative organ to compensate for the losses of illegal construction.
However, it belongs to the legitimate rights and interests of the parties to dismantle the available waste building materials in an appropriate and legal way.
According to the relevant judgment opinions of judicial practice, whether the loss of building materials can be claimed or not still needs to be determined according to different situations.
In the case of administrative compensation, the plaintiff shall provide evidence for the damage caused by the administrative act.
For the building materials that are integrated with the building and are not separable, whoever demolishes them will cause the damage of this part of the building materials, and such building materials are not within the scope of compensation; The administrative organ shall compensate for the loss of the value of building materials, such as doors and windows, which are independent and separable although they are attached to illegal buildings, and have a small reduction in value after demolition, if the obligation of reasonable care is not fulfilled, resulting in the loss of the value of building materials.
Jimo Bei’an sub district office administrative coercion and administrative compensation case gist: the building materials in illegal buildings and structures belong to the legitimate property of the parties and should be protected by law, If the lawful rights and interests of the parties concerned are lost due to improper means and methods of compulsory demolition by the administrative organ, the administrative organ shall make compensation according to law..
At the same time, the forcible demolition of illegal buildings will inevitably lead to the damage or even loss of some building materials.
Trial court: Supreme People’s court case No.: (2016) supreme law and practice application No.
If the plaintiff is unable to provide evidence due to the defendant, the defendant shall bear the burden of proof.
In the practice of demolishing illegal buildings, it is not uncommon for illegal buildings to be forcibly demolished.
3854 source: Faxin selected 5 If the administrative organ causes the loss of the legitimate rights and interests of the parties concerned due to the improper means and methods of forcibly demolishing illegal buildings, it should compensate according to law – Qingdao Jiujiu Mold Co., Ltd., Yuan Kejiu v.
the people’s Government of Dongling District of Shenyang City forcibly removes the attachments on the ground and makes administrative compensation case gist: illegal buildings and structures do not belong to the scope of legitimate rights and interests.
Construction materials belong to the legal property of the parties.
In the process of compulsory demolition of illegal construction, if the administrative organ violates the legal procedures and adopts inappropriate and improper means and methods, resulting in obvious unreasonable and excessive damage to the building materials, it shall bear the corresponding liability for compensation according to the reasonable value of the building materials and the reasonable losses caused by the illegal compulsory demolition.
Trial court: Supreme People’s court case No.: (2017) Supreme Court of justice Xing Shen No.
If the compulsory demolition Act implemented by the administrative organ is illegal, and the legitimate property of the parties is damaged due to the failure to exercise the duty of care, the administrative organ shall bear the corresponding liability for compensation according to the reasonable value of the building materials, the reasonable losses caused by the illegal compulsory demolition act and other factors.
4 Intermediate People’s court in 2018 4 If the administrative organ causes the building materials to be obviously unreasonable and excessively damaged in the process of forcibly demolishing the illegal construction, it should bear the corresponding liability for compensation – the gist of the case of guoguijun v.
The compensation of the administrative organ should be compatible with its fault, but the fundamental reason for the loss caused by illegal demolition lies in the illegal behavior of the opposite party.
Chaoyang District People’s Government of Beijing Administrative Reconsideration: illegal construction does not belong to legal property rights and interests, and the demolition of illegal construction by the administrative organ will naturally not produce state compensation.
605 source: the second circuit court of the Supreme People’s Court issued the gist of administrative trial cases in the three northeastern provinces (II) 3 If the compulsory demolition act carried out by the administrative organ is illegal, and the legitimate property of the party concerned is damaged due to the failure to fulfill the duty of care and other reasons, it shall bear the corresponding liability for compensation according to the reasonable value of the building materials, the reasonable losses caused by the illegal compulsory demolition act and other factors – the gist of the administrative reconsideration case of Wang v.
If the administrative organ deprives the opposite party of the right to demolish it by itself, appropriate compensation should be given.
If there are recyclable building materials in the process of dismantling illegal construction, the administrative organ shall give the parties the opportunity to clean up the residual value of the building by themselves.
Source: People’s court news, September 29, 2016, 7th Edition 2 If the administrative organ illegally forcibly demolishes and causes the loss of recyclable and reused waste building materials, it should be compensated according to law — Yan lichen v.
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