Legal information

Introduction to the article: Less than 10% of the demolished households are aware of these shanty town reconstruction regulations. You will know after reading this article!

1. Why should shantytowns be renovated?

1. There are four categories of objects for shantytown reform: urban shantytowns, state-owned industrial and mining shantytowns, state-owned forestry shantytowns, and state-owned reclamation areas dilapidated houses.

2. Shanty renovation projects can be embodied in the renovation of shantytowns in central urban areas, courtyard repairs in bungalow areas, renovation of dilapidated old buildings, and environmental improvement of corners of urban villages, etc.

3. The purpose of implementing shantytown renovation is to improve the living conditions of shantytown residents, solve the housing difficulties of shantytown residents, and at the same time improve the urban environment, promote new urbanization, and promote economic development through renovation.

2. How to compensate for shantytown renovation?

1. Shantytown reconstruction projects are generally carried out in the form of expropriation of houses on state-owned land. The compensation method should also comply with the provisions of the "Regulations on Expropriation and Compensation of Houses on State-owned Land". The expropriated person can choose between monetary compensation and exchange of house property rights.

2. If personal residences are expropriated due to the reconstruction of old urban areas, and the expropriated person chooses to exchange the property rights of the house in the reconstruction area, the people's government at the city or county level that made the decision on house expropriation shall provide houses in the reconstruction area or the nearby area.

3. Affected by factors such as the protection of cultural relics and historic sites and the regional geological environment, some shed renovation projects cannot achieve "relocation in place".

Policies vary from place to place. For example, according to Beijing's policy, expropriation compensation policies and standards are refined and improved, monetary resettlement is encouraged, and expropriation subsidies and rewards are standardized.

4. The resettlement households should choose the resettlement compensation method independently. Monetary resettlement can be encouraged, but the resettlement households cannot be required to choose which compensation method. Even if "relocation back to the original place" cannot be achieved, resettlement houses in nearby areas or other areas should be provided, and relocation and resettlement expenses should be paid in accordance with the law.

3. Is the pre-signed agreement reliable?

1. In the local regulations of Beijing, Tianjin and Shanghai, the pre-signing model is adopted. Before or after a house expropriation decision is made, the house expropriation department organizes the expropriated persons and public housing tenants to sign a compensation agreement with effective conditions. If the specified contract ratio is reached, the compensation agreement will take effect. If the contract ratio is not reached, expropriation will no longer be implemented.

2. In the pre-signing model, the will of the expropriated person determines whether the shed reform project can continue to advance. But there are legal risks involved in signing a pre-signed agreement. Signing a pre-signed agreement has the following legal risks.

(1) Facing judicial demolition

Once this kind of agreement comes into effect, it will have legal effect and form a relationship of rights and obligations. Then there will be a deadline to vacate and relocate the property. If the property is not moved, the expropriating party may apply to the court for judicial demolition.

(2) Legal remedies cannot be taken

Ying Ting believes that as an expropriated person who has signed a "pre-signed agreement", even if he regrets it, he cannot take legal remedies based on it. If you sign an agreement and go to court to sue, the case will usually not be filed.

(3) No resettlement transition fee

Under normal circumstances, a formal resettlement compensation agreement will be signed, which will stipulate various compensation conditions, including resettlement transition fees. However, in the pre-signed agreement, there may be no agreement on resettlement transition fees.

(4) The law does not support the actual payment of various compensations and the provision of housing before the formal agreement takes effect.

Ying Ting learned that there are quite a few pre-signed expropriation agreement projects that stipulate that no compensation will be actually paid and housing will not be provided before the pre-signed compensation agreement takes effect. In other words, the agreement has come into effect, but they have not received any compensation, and there are no temporary transitional houses to live in.

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. When you are notified that the area where your house is located is about to be transformed into a shanty town, you should take photos of the inside and outside of the house in advance and save them.Before demolitionevidence. When a house is demolished, the scene of the demolition should be photographed and all original evidence (photos and videos) should be preserved. If necessary, you can call to report the crime and record the crime at the same time as evidence of being forcibly demolished. If your house has been illegally demolished, please protect your rights through administrative review, administrative litigation and other legal channels within 6 months.