Legal information

Article introduction: Attention, demolition households! When you learn that demolition is coming, please do these things. This includes taking stock of the property and knowing how much compensation will be required, taking photos and videos to retain evidence before demolition, and preparing relevant evidence and documents. At the same time, people were left to guard the houses involved to prevent the houses from being demolished, but no one acknowledged it.

1. Inventory assets and prepare for evaluation.

When faced with demolition, the demolished households do not know how much assets they have in their homes, and business owners do not know the asset status of their companies, let alone how much compensation they should receive. Even if we negotiate with the demolition party, there is no way to start. Some people are asking for prices based on some rumors, while others are waiting for the demolition party to evaluate the price. However, the appraisal companies are all designated and entrusted by the demolition party, and the appraisal prices are generally low. Waiting passively is not a good idea! The demolished persons should be well aware of the relevant assets. If they are not satisfied with the evaluation results, they should try to hire an evaluation agency themselves and negotiate face-to-face with the evaluation agency hired by the demolition party to finally obtain a fair and reasonable evaluation result.

2. Prepare a property list to provide valuation basis for demolition compensation.

The property list includes the land, houses, ancillary buildings and facilities, machinery and equipment, house items, interior decoration, construction materials, etc. Ying Ting suggested that the demolished persons should make an estimate in advance of all property losses that may be caused by the demolition, and retain evidence by taking photos and videos, etc., to retain the original appearance of the houses and factories before they were demolished, so as to facilitate a fair and reasonable assessment and provide a basis for reasonable compensation in the future.

3. Prepare certificate materials and protect your legitimate rights and interests.

1. Planning license, completion acceptance report, national economic and social development plan, land use master plan, urban and rural planning, special planning, government executive meeting minutes, house expropriation scope red line map, joint venture housing construction agreement, house expropriation decision announcement, decision to order demolition within a time limit, prior notification of demolition of illegal buildings within a time limit, reminder to demolish illegal construction within a time limit, forced demolition decision, notice of ordering suspension of production and business, loss assessment report of suspension of production and business, application for enforcement, judgment documents, etc.

2. Compensation agreement, other relevant agreements, house ownership certificate, land use right certificate, house floor plan, real estate price assessment agency qualification certificate, real estate appraiser professional qualification certificate, social stability risk assessment report, house value assessment report, subsidies and incentives, resettlement compensation plan, land contract contract, factory construction project planning permit, etc.

3. ID card, household register, business license, tax receipt, industrial and commercial registration record, organization code certificate, tax certificate, accounting books, power of attorney, letters, notarized documents, etc.

4. Leave someone to guard the house to prevent it from being demolished.

Ying Ting believes in taking photos of everything inside and outside the building in advance, taking photos of the items in the building and making a list, taking photos of everything inside and outside the building after it is demolished, and reporting the case in a timely manner. If someone raids the demolition site, take clear photos and video evidence, record the demolition site, protect the demolition site, and record the time, location, people, vehicles, and on-site conditions.

5. The statute of limitations for forced demolitions

1. The prosecution period for forced demolition cases is shortened to 6 to 12 months. Don’t miss the statute of limitations for rights protection.

According to Article 64 of the New Interpretation on Litigation, if an administrative agency fails to inform citizens, legal persons or other organizations of the time limit for prosecution when taking administrative actions, the time limit for prosecution shall be calculated from the date when the citizen, legal person or other organization knows or should know the time limit for prosecution, but the maximum period from the date when the citizen, legal person or other organization knows or should know the content of the administrative act shall not exceed one year.

2. The first is that the parties were not informed of the right to sue when the administrative action was taken, and the second is that the time limit for filing a lawsuit is one year. Generally speaking, after a forced demolition occurs, if you want to sue the government for illegal demolition, you need to file a lawsuit within 6 months. However, in forced demolition cases, the government sometimes does not provide written notice before carrying out the forced demolition, or the documents issued do not remind the parties of their right to litigate. In this case, the parties can file a lawsuit within 1 year. In forced demolition cases, the parties involved are often afraid of intensifying conflicts and are unwilling to sue the government immediately. Instead, they choose to petition, report, go to leaders, etc. to try to solve the problem. This delays for a long time and the problem is not easy to solve. When they really make up their mind to sue, they miss the deadline for filing a lawsuit and lose the opportunity to defend their rights. However, the judicial interpretation issued in 2000 stipulates that the prosecution period under the same circumstances is 2 years. Therefore, readers who have a certain understanding of the law need to pay special attention and do not ignore changes in legal provisions that may cause the prosecution period to be exceeded.

Yingting reminds you:

After receiving the demolition notice, you should take photos of the inside and outside of the house in advance to retain evidence before demolition. 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.