Legal information

Article introduction: Shanty town renovation is a renovation construction project implemented on contiguous buildings with shanty town characteristics. A dangerous house refers to a house whose structure has been seriously damaged or whose load-bearing components are dangerous components, which may lose structural stability and load-bearing capacity at any time and cannot guarantee the safety of living and use.

First, specific shanty town reconstruction should be included in the annual national economic and social development plans at the municipal and county levels, and the "four plans and one plan" must be complete; whether this is in compliance with the expropriation can be found out by the expropriated person through the government information disclosure application or relevant website inquiry, and can also review the evidence of the defendant district and county people's government in the lawsuit against the house expropriation decision.

Second, conduct hearings or expert arguments on the necessity of shanty town reconstruction and expropriation and the nature of public interests;

Third, the planning and natural resources department will review whether the project complies with the municipal and county-level land use master plans, approve the project land use, and issue pre-examination opinions on land use;

Fourth, the development and reform department shall conduct project approval or verification;

Fifth, the urban and rural planning department will review whether the project complies with urban and rural planning and special planning, and issue "one book and two certificates";

Sixth, the environmental protection department shall conduct environmental impact assessment and approval of the project;

Seventh, the people's government at the city and county levels shall conduct a social stability risk assessment. If a large number of expropriated persons are involved, it shall be discussed and decided at a government executive meeting;

Eighth, the housing expropriation department shall formulate an expropriation compensation plan, submit it to the municipal and county-level people's governments, and organize plan demonstrations and public announcements to solicit public opinions. The Yingting Demolition Team believes that if most of the expropriated people within the scope of the housing reform have objections to the plan, the people's government at the city and county levels should also organize a hearing for the expropriated people and public representatives, and modify the plan based on the hearing.

Ninth, after the expropriation compensation fees are fully paid and stored in a special account, the municipal and county-level people's governments will make a decision on house expropriation and start the expropriation compensation and resettlement work.

Tenth, if it is for the shantytown renovation of houses on rural collective land, the collective land expropriation must be completed first, and the procedures stipulated in Order No. 590 must not be directly applied to carry out shantytown renovation projects on collective land.

11. First determine whether the houses classified as demolition are in shantytowns.

Since the value of houses in shantytowns may be lower, the amount of compensation may also be lowered. First, determine whether the houses designated for demolition are in shantytowns. Let’s look at whether the demolition procedures are strictly in accordance with the Regulations on Expropriation and Compensation of Houses on State-Owned Land.

Twelfth, shantytown renovation essentially requires demolition, and the basic conditions for house demolition on state-owned land should be met.

When demolishing houses in shantytowns, we must follow the basic principles of signing an agreement first and then compensating; compensating first and then demolishing; and demolishing houses in accordance with legal procedures.

Yingting reminds you:

In practice, since the value of houses in shantytowns may be relatively low, the amount of compensation may also be lowered. Therefore, you should first determine whether your house that is classified as a demolition house is a house in a shanty town. Let’s look at whether the demolition procedures are carried out strictly in accordance with the regulations on the expropriation and compensation of houses on state-owned land. Sometimes, demolition parties will illegally demolish houses on the grounds of shantytowns. If you are not satisfied with the compensation or your house has been forcibly demolished, please file an administrative review within 60 days and file an administrative lawsuit within 6 months. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation.