[Keywords] 
Administrative/Enforcement/Demolition of Illegal Structures 
【Key Points of the Ruling】 
If the original owner of a building on land, after the land’s designation is changed from agricultural land to state-owned land, demolishes the existing building and proceeds to rebuild a new structure, such owner must obtain the requisite approval procedures for a construction project planning permit. If the relevant procedures have not been obtained, the competent authority shall deem the building an illegal structure and, after completing the legally prescribed procedures, issue an “Administrative Compulsory Enforcement Decision” against the illegal structure in compliance with the law. A request by the building owner to the court for the revocation of the “Administrative Compulsory Enforcement Decision” will not be granted. 
[Basic Facts of the Case] 
The land in question was originally classified as agricultural land. In 2009, the provincial government issued a land-use approval, converting the land in question into construction land and expropriating it for state ownership. At the end of 2010, Mr. Zhao began constructing the building on the land in question. On March 13, 2018, the district enforcement bureau issued an administrative penalty decision, determining that the building owned by Mr. Zhao constituted illegal construction and ordering him to demolish it within a specified time limit. On April 12, 2018, Mr. Zhao received a compulsory enforcement decision from the district enforcement bureau and subsequently filed an administrative reconsideration. On July 12, 2018, the district government issued a reconsideration decision upholding the original decision made by the district enforcement bureau. Mr. Zhao argues that the land in question was originally agricultural land, and the building constructed there was intended for agricultural production and animal husbandry, thus not altering the land’s intended use. Furthermore, the area where the building is located is currently undergoing land expropriation and demolition, and the administrative authorities have failed to exercise their powers in a manner that would cause less harm to Mr. Zhao—such as by requiring him to pay additional fines or complete the necessary procedures retroactively. Additionally, the enforcement decision did not inform Mr. Zhao of his legal remedies in accordance with due process. Therefore, Mr. Zhao has requested the court to revoke both the “Administrative Compulsory Enforcement Decision” issued by the district enforcement bureau and the “Administrative Reconsideration Decision” issued by the district government. 
【Judgment Result】 
First-instance judgment: Zhao’s claim is dismissed. 
Second-instance judgment: Dismiss the appeal and uphold the original judgment. 
【Reasoning of the Ruling】 
According to Article 39 of the “Regulations on Urban and Rural Planning of Shenyang City,” within the planning areas of cities and towns, any construction carried out without obtaining a construction project planning permit, or any construction that fails to comply with the provisions of the construction project planning permit, shall be ordered by the urban management administrative enforcement authority to cease construction and be demolished within a specified time limit... Furthermore, according to Article 3 of the “Regulations of Shenyang City on the Relatively Centralized Exercise of Administrative Penalty Powers in Urban Management,” the Municipal Urban Management Administrative Enforcement Bureau is an administrative enforcement agency authorized by the State Council and approved by the provincial government to exercise, in a relatively centralized manner, administrative penalty powers related to urban management. Specifically, it exercises the relatively centralized administrative penalty powers for urban management within this city. Therefore, the defendant, the Comprehensive Administrative Enforcement Bureau of Urban Management of a certain district in Shenyang City, possesses the statutory authority to issue the “Administrative Compulsory Enforcement Decision.” In this case, the village committee where the land involved belonged to the plaintiff, Zhao, signed a land requisition agreement with the government in 2006, and the provincial government approved this batch of land use in 2009. As a result, the land in question was converted into state-owned construction land. Since the house built by the plaintiff on the state-owned land (which was previously cultivated land before expropriation) had not obtained a construction project planning permit, the administrative penalty decision issued by the defendant enforcement bureau is in compliance with the law. Because the plaintiff failed to voluntarily fulfill the obligation to demolish the structure, the defendant enforcement bureau subsequently issued a “Notice of Urging Administrative Compulsory Enforcement,” an “Administrative Compulsory Enforcement Notice,” and finally the “Administrative Compulsory Enforcement Decision.” Given that the “Administrative Penalty Decision” upon which the “Administrative Compulsory Enforcement Decision” is based has already become legally effective, the defendant also followed the prescribed legal procedures under the “Administrative Compulsory Enforcement Law.” Therefore, the “Administrative Compulsory Enforcement Decision” issued by the defendant enforcement bureau clearly establishes the facts, follows lawful procedures, and correctly applies the relevant laws. The administrative reconsideration decision No. Shenhun Zheng Fu Jue Zi (2018) No. 5 issued by the People’s Government of a certain district in Shenyang City is also procedurally lawful. 
[Relevant Statutes] 
Regulations of Shenyang City on Urban and Rural Planning 
Article 39: Within the planning areas of cities and towns, if construction is carried out without obtaining a construction project planning permit, or if construction is not carried out in accordance with the provisions of the construction project planning permit, the municipal urban management administrative enforcement authority shall order the construction to be halted. If corrective measures can be taken to eliminate the impact on the implementation of the plan, the violator shall be given a deadline to make corrections and shall be fined an amount ranging from 5% to 10% of the construction project cost. If corrective measures cannot be taken to eliminate the impact, the violator shall be given a deadline to demolish the structure; if demolition is impossible, the physical object or any illegal proceeds shall be confiscated, and the violator may also be fined an amount ranging from 5% to 10% of the construction project cost. 
Regulations on the Relatively Centralized Administrative Penalty Authority for Urban Management in Shenyang City 
Article 3: The Municipal Urban Management Administrative Enforcement Bureau is an administrative enforcement agency authorized by the State Council and approved by the provincial government to exercise, in a relatively centralized manner, the administrative penalty powers related to urban management within this city. It specifically exercises the relatively centralized administrative penalty powers for urban management in this city. 
The administrative enforcement sub-bureaus for urban management in each district, county (and city) exercise the relatively centralized power to impose administrative penalties for urban management within their respective jurisdictions. 
[Lawyer’s Perspective] 
For buildings constructed on state-owned land, a construction project planning permit and relevant approval procedures must be obtained. For illegal structures that have not obtained the required permits, the relevant administrative authorities, after following the legally prescribed procedures, are entitled to issue an “Administrative Compulsory Enforcement Decision” against such illegal structures. 
The special feature of this case lies in the fact that the land involved was initially designated as collectively-owned agricultural land. Subsequently, following a land-use approval issued by the government, the land was reclassified as construction land and expropriated for state ownership. At the time when the building in question began construction, the land had already been converted into state-owned land. However, the parties concerned had not obtained the necessary approval procedures, including the construction project planning permit. Under these circumstances, it is entirely appropriate for the relevant administrative authorities to classify the building as an illegal structure and, after completing the legally prescribed procedures, issue an “Administrative Compulsory Enforcement Decision” against the illegal structure.