Ying Ting Information

When sorting out questions from netizens, many netizens asked whether houses with real estate certificates would be demolished.
In fact, no matter whether our own house has complete procedures or not, we must first understand the definition of forced demolition. Forced demolition is divided into legal forced demolition and illegal forced demolition. Let me explain forced demolition to you first.
According to Article 28 of the Regulations on Expropriation and Compensation of Houses on State-owned Land:
If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not move within the time limit specified in the compensation decision, the city or county-level people's government that made the house expropriation decision shall apply to the People's Court for compulsory execution in accordance with the law.

According to Article 45 of the "Regulations for the Implementation of the Land Management Law":
Those who violate land management laws and regulations and hinder the requisition of land for national construction shall be ordered by the land administration department of the people's government at or above the county level to hand over the land; if they refuse to hand over the land, they shall apply to the people's court for enforcement. In other words, the forced demolition of urban state-owned land houses and rural collective land houses is legally based, and judicial demolition is legal forced demolition.

Beijing Yingtong Law Firm specializes in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition, and has rich experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.

What is illegal forced demolition? To put it simply, those who do not meet the conditions for legal forced demolition are illegal demolitions.
As long as the legal procedures are fulfilled, the demolition can be carried out. After the compulsory demolition, the household head can apply for demolition compensation. The municipal and county-level people's government that made the decision on house expropriation will give the compensation to the expropriated person including:
1. Compensation for the value of the expropriated houses;
2. Relocation compensation and temporary resettlement due to house expropriation;
3. Compensation for losses caused by suspension of production and business due to house expropriation.

If you encounter this situation and the demolition party fails to apply for compulsory execution according to the prescribed procedures, it is illegal. At this time, what you need to do is to let the house demolition lawyer intervene, use the illegal points to obtain reasonable demolition compensation. Never think that you know everything.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer at Beijing Yingting Law Firm for one-on-one online consultation.