This article was first published in Fang Yanhua's lawyer WeChat public account
According to the Beijing News, the Management Committee of the Sanpo Scenic Area of Lishui County, Hebei Province issued a notice on April 21, requiring the owner of the Landscape Drunk Villa District of Pushui County to move away personal belongings within 3 days. The residential area was identified asFor illegal construction, demolition is needed. The owner of the villa area said that when they purchased the house, the five certificates were complete, and the house had now applied for the house ownership certificate. I am wondering, how can I become illegal? Illegal construction is illegal building.What laws do these houses violate? According to relevant staff, these houses violate the management regulations of the Hebei Province Scenic Area.After investigation, the Management Regulations of Hebei Province Scenic Area passed on November 3, 1996. Since then, it was revised three times on January 9, 2005, September 26, 2014, and September 22, 2016. Some owners say that the time to buy a house is 2010, so what amendments to the house are identified as illegal construction in accordance with the regulations?Is it determined that the house purchased by the owner in 2010 was illegal in accordance with the regulations revised in 2016? What is a legal house? There are two forms of houses, which are built and have been built. For a house under construction, how do you depend on whether it is legal?See if the five certificates are complete.The so -called five certificates are land use right certificates, construction land planning permits, construction land permits, construction project construction permits, and pre -sale permits for commercial housing.If the house we buy has not been completed, as long as the developer can take out these five certificates, we can think that the house is legal and reliable. The house that has been built is even simpler. It depends on its ownership certificate. It is legal to have this certificate. As long as there are five certificates in the construction of a house, as long as there is a house in the house, it cannot be considered an illegal building. After the owner purchased the house, the construction project of the house violated the laws and regulations that were revised afterwards, and could not be identified as illegal buildings. There is an ancient legal proverb, which is not traveled to the past.That is to say, any laws and regulations have no traceability for the people and things it before.This is also clearly stipulated by my country's legislative law.Article 84 of the Legislative Law clearly stipulates that laws, administrative regulations, local regulations, autonomous regulations, and one -line regulations, and the rules are not traced back to the past, but they make special protection to better protect the rights and interests of citizens, legal persons and other organizations.Except for regulations. According to the clear provisions of the legislative law, after the owner of the landscape drunk villa area purchases a house, unless it is special provisions to protect their interests, any later laws and regulations are not good for them.Of course, because the project violates the later regulations, the house that has obtained the property certificate has been identified as illegal construction. When buying a house is legal, I was illegal later. How to deal with it? When buying a house is legal, it means that citizens have legally obtained house ownership, and the house ownership certificate has been confirmed in the name of the country. The introduction of new laws and regulations is the result of the legislation of the rights of organs, and of course legislation will affect the ownership of property. What is the concept of the legal and all the property of the citizen's legal and later laws and regulations?To put it simply, it can be understood that for the needs of state organs, for the needs of public interests, your personal legal property is requisitioned as the country. The collection has already had a complete procedure regulations.In order to hand over the legal property of individuals for public interests, naturally, they can no longer allow individuals to suffer economic losses. The state collection will give full compensation. In other words, the owners of the landscape villa area have five certificates when they buy a house. After buying a house, the house ownership certificate is a legal property for them. It is not illegal.It should be given full compensation. Vaguely saying that the house violates the later regulations, it must be determined to be illegal, and it must be moved within a time limit. It must be forcibly demolished.
