Legal information

Introduction to the article: Some people who have been demolished are very confused. Although their houses are brick-concrete buildings and there are even some self-built houses in rural areas that they only lived in this year, how come they were included in the shanty town reconstruction project? What exactly is a shantytown?

1. What is going on in the shanty town? What are the new policies?

1. What is a shanty town?

Shantytowns generally refer to areas where simple houses and shantytowns are concentrated. The lack of planning in the city has resulted in disorderly distribution of houses, too many sloped roads, dead roads, and arc roads, simple structures, poor disaster resistance, that is, poor earthquake resistance, fire prevention, and flood prevention, crowded living, poor functions, poor living environment, no roads, no greening, no public activity venues, and concentrated houses with poor lighting and ventilation. Shantytowns are crowded, have poor functions, and have poor living environment.

2. China’s shantytowns are mainly divided into two categories:

(1) Urban corners, mainly including inner city forgotten areas, urban villages, factory villages, etc., are generally forgotten corners due to various reasons during urban development and construction.

(2) In the process of urbanization, a large number of farmers moved into the city and built work sheds to live in shantytowns.

3. Relevant national policies for this year: We must adhere to the people-centered development philosophy and better reflect the residential attributes of housing.

(1) In accordance with the new three-year shed renovation plan determined in this year’s government work report, all localities are urged to speed up the start of construction, increase the construction of supporting infrastructure, strictly supervise project quality and safety, ensure fair distribution, and ensure that the annual shed renovation tasks are completed on time.

(2) Strictly control the scope and standards of shantytown renovation, and insist on focusing on shantytowns with messy conditions in old cities and shantytowns in state-owned industrial and mining areas, forest areas, and reclamation areas. The monetary resettlement policy for shantytown renovation should be adjusted and improved according to local conditions. Cities and counties with insufficient commercial housing stock and high pressure on housing prices should cancel the preferential monetary resettlement policy as soon as possible.

(3) All localities must strictly assess their financial affordability and scientifically determine the tasks for housing renovation in 2019.

2. How to compensate for the reconstruction of shantytowns?

Generally speaking, shanty town reconstruction must be carried out in accordance with the procedures prescribed by law, and compensation must be carried out according to legal standards. The Yingting demolition team found that during the demolition process, once the compensation is unreasonable, the expropriated person must not rush to sign to avoid damage to their interests. They should contact a professional demolition lawyer as soon as possible, listen to professional advice, and strive for fair and reasonable demolition compensation!

3. 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. If the Yingting Demolition Team believes that houses need to be expropriated due to the reconstruction of the old city, 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 hearing.

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. If you are notified that the area where your house is located will be transformed into a shanty town, you should take photos of the inside and outside of the house in advance to retain evidence before it is demolished. 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.