Legal information

Article introduction: Shanty towns usually refer to simple houses built in a disorderly manner due to lack of planning, as well as areas where shanty houses are concentrated. Because there is no strict legal definition of "shantytown", "shantytown renovation" projects are highly likely to be abused.

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

1. The structures of houses in shantytowns are simple and have poor earthquake resistance, fire protection and flood resistance, which brings great safety risks to residents. Houses in shanty towns are usually small in size, crowded, with poor lighting and ventilation, poor road conditions, and no green belts and public activity venues, which affects the improvement of residents' living standards. In order to change this situation, the country launched a new policy for shanty town reconstruction in 2018.

2. Since the value of houses in shantytowns may be relatively low, 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. The Yingting demolition team learned that to carry out forced demolition of shanty houses, a decision on expropriation and compensation must be made first, and a series of statutory expropriation and demolition procedures must be followed before applying to the court for enforcement. Some demolition parties use shantytowns as an excuse to demolish houses at will, which is illegal. For those that are obviously not shantytowns but are forcibly demolished as shantytown houses, the expropriated people may consider joining together to sue the expropriation decision to see if it can be revoked.

3. The reconstruction of shantytowns shall implement a combination of physical resettlement and monetary compensation, as well as a compensation method voluntarily chosen by the expropriated persons. The existence of a "one-size-fits-all" single compensation method violates relevant policies and regulations. The demolished people have the right to choose monetary compensation or house replacement compensation.

2. The reconstruction of shantytowns essentially requires demolition, and the following conditions should be met.

1. Purpose: To ensure national security, promote national economic and social development and other public interests.

2. It should comply with the national economic and social development plan, overall land use plan, urban and rural planning and special planning. The construction of affordable housing projects and the reconstruction of old urban areas should be included in the annual national economic and social development plans at the municipal and county levels.

3. The housing expropriation department shall formulate an expropriation compensation plan and submit it to the municipal and county-level people's governments.

4. People's governments at the city and county levels should organize relevant departments to demonstrate the expropriation compensation plan and publish it to solicit public opinions.

5. Ying Ting believes that because houses need to be expropriated for the reconstruction of old urban areas, and most of the expropriated people 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 should organize a hearing attended by the expropriated people and public representatives, and modify the plan based on the results of the hearing.

6. Before making a decision on house expropriation, the people's government at the city or county level shall conduct a social stability risk assessment in accordance with relevant regulations; if the house expropriation decision involves a large number of expropriated persons, it shall be discussed and decided at a government executive meeting.

7. Before making a decision on house expropriation, the compensation fees for expropriation should be paid in full, stored in a special account, and used for special purposes.

8. People's governments at the city and county levels shall make a timely announcement after making a decision on house expropriation. The announcement shall specify expropriation compensation plans, administrative reconsideration, administrative litigation rights and other matters.

9. The reconstruction of shantytowns essentially requires demolition, so the resettlement compensation for demolition must comply with the relevant regulations on land acquisition and demolition.

10. First determine whether the house involved is a house in a shantytown.

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 safeguard your rights through administrative review, administrative litigation and other legal channels within 6 months. If this statute of limitations is exceeded, the opportunity for legal relief will be lost. In order to strive for the maximum benefit, you can read more relevant legal knowledge to understand the content of the expropriation and demolition project, or you can seek solutions from a professional expropriation and demolition lawyer.