Legal information

Introduction to the article: Many people have a question, is it necessary to vacate a house? Can the demolished households refuse to be relocated? Today we talk about this topic.

1. 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.

2. Sometimes, there will be illegal acts of demolition parties demolishing houses at will on the pretext of renovating shanty houses. Or demolish the houses into dilapidated buildings first and then expropriate them.

3. 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. Install cameras in relevant places. If necessary, you can call to report the crime and record the video as evidence of forced demolition. In order to prevent the parties involved from being robbed of the camera equipment by the demolition personnel while filming. It is best to arrange some relatives and friends in advance to take photos and videos from all directions at the scene. Please keep the original files in the shooting equipment. This is the original evidence. Even if you make a copy and receive compensation in the future, it is best not to delete it.

4. For the vast majority of shantytown reconstruction projects, significant public interests will be involved. If the demolished households do not cooperate, they will eventually face forced demolition. Therefore, the Yingting Demolition Team does not recommend that everyone become a scapegoat and should receive fair and reasonable compensation in accordance with the law. If you encounter unreasonable and illegal situations, actively protect your own rights and interests.

5. Not all shanty town reconstruction projects require forced house vacating and relocation. For shanty town reconstruction projects that adopt the methods of reinforcement, repair, and block improvement, the expropriated persons may not need to move out of their former residences. The decision of whether to move or not is not in the hands of the demolition households. It mainly depends on the implementation plan and policy documents of the project.

6. As a major livelihood project, a development project and an important way to explore new urbanization construction, shed renovation has a good starting point. From the perspective of improving the living environment and improving the quality of life, when encountering such expropriation projects, the expropriated people still need to actively respond and cooperate. At the same time, shantytown reconstruction projects are different from other expropriation projects, and there may also be changes in the names, procedures, and compensation settings during the implementation of shantytown reconstruction in various regions. The Yingting Demolition Group believes that if the expropriated people want to ensure that their rights and interests are not damaged, they must actively participate in all aspects of the expropriation, actively exercise the relief rights granted by the law, and promptly provide opinions to the expropriating party. For complex issues that you feel you cannot handle, you can seek help from a lawyer. If properly handled, housing reform will be a good opportunity to effectively improve living conditions.

7. What should you do when faced with illegal demolition? Many people lose their minds when faced with forced demolitions. Not only do they fail to safeguard their legitimate rights and interests, but they also put themselves in a more difficult situation. When forced demolition strikes, symbolically express your unwillingness to be demolished, record video evidence, and record phone calls to report the crime, and keep them properly. Do not engage in verbal abuse or any physical conflict with the demolition personnel. Because many land acquisition and demolition projects themselves are legal, opposing relocation cannot stop the demolition process, and it is useless to fight against the demolition party! Getting the compensation you deserve is the most important thing! Even if forced demolition is illegal, you must protect your own safety and the safety of your family, and use the law to protect your legitimate rights and interests.

Yingting reminds you:

1. The land acquisition and demolition policies and resettlement compensation standards are different in various places, and the land acquisition projects are different and cannot be generalized. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.

2. The expropriated person and the demolished person may 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. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Petitioning without compensation will only consume the statute of limitations.