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Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...

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No compensation will be given if houses are demolished without a certificate? You can tell the demolition party and see you in court.

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Article author:Yingting Lawyers Group | Update time:2019-08-01 | Reading times:294

Introduction to the article: Many people who have been demolished have inquired. The demolishing party said that if our house does not have this certificate, we will not be compensated or will be compensated less. We ourselves do not understand. Why must the old house that we have lived in for decades be demolished and not be compensated? We would like to ask lawyer Ying Ting, is it legal for them to say this?

1. Demolition compensation implements a two-way compensation system

Ying Ting believes that the important compensation parts for demolition in rural areas are houses (ground attachments) and land (homestead sites). Both types of compensation are assessed based on area and are two-way compensation. Compensation based on population, large, medium and small, and one-size-fits-all compensation for the whole village, etc. that are not based on area are all violations of the law.

No compensation will be given if houses are demolished without a certificate? You can tell the demolition party and see you in court.


2. Two methods of demolition compensation;

There are two methods of compensation for demolition: cash compensation and house area replacement. The two methods can also be combined. However, the demolished people have the right to choose whether they want money or a house. The chosen demolition party must be approved and resettled during the land acquisition and approval stage.

3. Some unlicensed houses that are demolished can also receive full compensation.

First of all, it should be noted that building houses or factories on cultivated land is illegal land occupation and will not only result in no compensation but will also involve criminal offenses. In addition, those who rush to build, build or plant after the expropriation announcement is issued will not be compensated. In addition, the Yingting demolition team found that if the house was built in the 1970s, 1980s or earlier, even if there is no land certificate, real estate certificate, building permit and other documents, even if it is expropriated and demolished, full compensation will be required.

No compensation will be given if houses are demolished without a certificate? You can tell the demolition party and see you in court.


4. These three demolition methods will be prohibited

1. Forced demolition and violent demolition; 2. Demolition first and then repair; 3. Demolition without public announcement. These three demolition methods are clearly prohibited and are also illegal.

No compensation will be given if houses are demolished without a certificate? You can tell the demolition party and see you in court.


Yingting reminds you:

When facing demolition, you must stay clear-headed and follow the content of the agreement. If you make a verbal commitment, it must be written in the demolition compensation agreement, otherwise you will definitely not sign it. Because verbal promises have no legal effect. If you have objections to resettlement compensation, 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. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation.


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