Legal information

Article introduction: When receiving a demolition notice, do you know what legal rights the demolition households enjoy?

(1) Substantive rights

1. Right to object to demolition qualifications

According to the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" promulgated and implemented by the State Council on January 21, 2011, the expropriation and demolition of houses must be government departments, and the expropriation and demolition are for public interests. Ying Ting believes that the compensation plan should be demonstrated and announced before expropriation and demolition to solicit public opinions. The solicitation of opinions and modifications based on public opinions will be announced in a timely manner. An announcement should be made after a decision on house expropriation and demolition is made. The announcement states the expropriation compensation plan and the rights of administrative review and administrative litigation enjoyed by the demolished persons.

2. Right to defend against continued use that has not been announced

Including: demolition and construction, reconstruction, expansion, change of use, leasing, buying and selling, re-issuing licenses, re-issuing documents, re-approving procedures, etc. The period of continued use is until the two parties negotiate to determine the compensation and resettlement method, the compensation amount, sign the compensation agreement, and the agreed relocation period expires.

3. Negotiate compensation and resettlement rights

(1) Compensation methods: monetary compensation and property rights exchange.

(2) Compensation items: property rights compensation and resettlement compensation. Resettlement compensation is compensation after relocation and before resettlement; property rights compensation is compensation for the value of the property itself. Resettlement compensation will be given to actual users, including lessees. Property rights compensation is given to the property owner, and shall be subject to the "Real Estate Certificate".

Compensation and resettlement projects:

a. The relocation subsidy will be paid per square meter. For commercial buildings, the relocation fee can be adjusted through negotiation.

b. Provide temporary resettlement subsidies. If temporary housing is provided, this fee will not be paid.

c. Pay losses caused by suspension of production and business.

d. Compensation for decoration and decoration.

Property rights compensation items: When property rights are exchanged, the owner is entitled to a house with the same square meters and a similar location. If the area of the exchanged house increases or decreases, both parties will settle the difference and receive direct monetary compensation for the attachments.

4. Right to re-measure, identify and evaluate

Dong Guonv from Yingting believes that the most important thing is that the demolished people have the right to choose the assessment agency, which means the demolished people have the right to choose the assessment agency. The assessment agency here refers not only to the province, but also not only to the assessment agencies in the list provided by the government.

(1) If there is a dispute over the amount of decoration compensation, you can apply for evaluation.

(2) If there is a dispute over the area, you have the right to apply for measurement.

(3) When property rights are exchanged and the price difference needs to be settled, the demolisher has the right to apply for an assessment of the market price of the demolished house. The demolished persons have the right to evaluate the market price of the compensation houses.

5. Rights of the lessee

The lessee can negotiate with the lessor to terminate the contract early and negotiate for eviction and compensation. All future compensation payments will be given to the lessor. If the negotiation fails, the lessee is entitled to receive corresponding resettlement compensation. The lessee can terminate the contract early, and also has the right not to agree to early termination. At this time, property rights replacement must be carried out, and the replaced house will continue to be rented by the lessee.

(2) Procedural rights

1. Right to hearing

For the proposed land acquisition compensation and resettlement plan, the enterprises whose land has been acquired can participate and express their opinions. "Decision of the State Council on Deepening Reforms and Strict Land Management": Before land acquisition is submitted for approval in accordance with the law, the land-expropriated farmers must be informed of the purpose, location, compensation standards, and resettlement channels of the proposed land; the results of the investigation of the current status of the land to be acquired must be confirmed by the rural collective economic organizations and farmers whose land is expropriated; if necessary, the land and resources department should organize hearings in accordance with relevant regulations.

Article 25 of the "Regulations on the Implementation of the Land Management Law" stipulates that the land administration departments of the municipal and county people's governments shall, based on the approved land expropriation plan, work with relevant departments to formulate land acquisition compensation and resettlement plans, announce them in the townships (towns) and villages where the expropriated land is located, and listen to the opinions of rural collective economic organizations and farmers whose land is expropriated. After the land acquisition compensation and resettlement plan is submitted to the municipal or county people's government for approval, it will be organized and implemented by the land administration department of the municipal or county people's government. If there is a dispute over the compensation rate, coordination shall be made by the local people's government at or above the county level; if coordination fails, the people's government that approved the land expropriation shall make a ruling.

Disputes over land acquisition compensation and resettlement will not affect the implementation of the land acquisition plan. The Ministry of Construction has implemented the work plan provisions of the "Comprehensively Promoting the Implementation of Administration by Law" in 2005, comprehensively promoted the standardization of demolition management, and implemented various systems such as the disclosure of demolition services, supervision of demolition funds, hearings on administrative rulings, hearings on administrative applications for compulsory demolition, and management of demolition plans.

Article 10 of the Regulations on House Expropriation and Compensation on State-Owned Land: The house expropriation department shall formulate an expropriation and compensation plan and submit it to the municipal and county-level people's governments. People's governments at the municipal and county levels shall organize relevant departments to conduct demonstrations on expropriation and compensation plans and publish them to solicit public opinions. The period for soliciting opinions shall not be less than 30 days. Article 11 People's governments at the municipal and county levels shall promptly announce the solicitation of opinions and modifications based on public opinions. If houses need to be expropriated due to the reconstruction of old urban areas, and most of the expropriated persons believe that the expropriation compensation plan does not comply with the provisions of these Regulations, the people's government at the city or county level shall organize a hearing attended by the expropriated persons and public representatives, and modify the plan based on the results of the hearing.

2. Right to know

According to the "Information Disclosure Regulations" and the opinions of the General Office of the State Council on several issues regarding the implementation of the "Regulations on Government Information Disclosure of the People's Republic of China", the demolished people have the right to know and have the right to apply for government information disclosure. After the demolition party makes the demolition decision, it should make an announcement to let the demolished people know the relevant situation and inform the demolished people of their rights and obligations.

3. Right of reconsideration and litigation

If the demolished persons are dissatisfied with the demolition decision made by the demolishing party, or have objections to the resettlement compensation agreement, if they are dissatisfied with the assessed price, or have been subjected to illegal demolition, they may apply for administrative reconsideration or file an administrative lawsuit.

4. The right to apply for review and appraisal of evaluation results

Article 19 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land: If you have any objection to the value of the expropriated house determined by assessment, you may apply to the real estate price assessment agency for a review of the assessment. If you have any objection to the review result, you may apply to the Real Estate Price Appraisal Expert Committee for appraisal.

The above are the basic rights that the demolished enterprises enjoy when facing demolition written by the Yingting Demolition Group. Of course, in practice, depending on the specific project, the demolished enterprises also enjoy other corresponding rights, which requires detailed analysis of specific issues.

Yingting reminds you:

If you encounter illegal forced demolition, the person being expropriated and demolished can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. You must file a lawsuit to defend your rights within 6 months of knowing the date of forced demolition. Don’t miss the statute of limitations through petitions, reports, etc.