Legal information

In the process of land acquisition and demolition, the significance of the demolished people's understanding of laws and regulations is that when they are treated unfairly and illegally by the demolished party, they can fight back in a targeted and efficient manner to safeguard their legitimate rights and interests. Therefore, it is recommended that the demolished people should actively learn and understand relevant legal knowledge from the moment they know that their houses are included in the demolition planning scope.

Nowadays, the expropriation and demolition laws are becoming more and more perfect. Especially since January 2020, the revised "Land Management Law" has been officially implemented, providing more comprehensive protection for the demolished people. According to the legal provisions, today I will tell you about the demolition and compensation issues of house demolition.
How can it be legal to demolish a house?
How to demolish a house involves two situations, one is judicial demolition and the other is administrative demolition.

During the house demolition process, if both parties reach an agreement and the person being demolished signs a compensation agreement and completes the relocation within the specified time, there will naturally be no so-called forced demolition. However, in practice, there will be situations where the person being demolished and the party being demolished cannot reach an agreement on compensation. At this time, the person being demolished may be forcibly demolished, but everyone should know that if it is a legal house, it must be demolished in accordance with the law.

When facing expropriation and demolition, the applicable legal basis for houses on collective land and state-owned land is slightly different due to the different nature of the land they occupy. However, there are clear legal provisions on enforcement procedures, such as:
03010Article 28 If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not move within the time limit specified in the compensation decision, the city or county-level people's government that made the house expropriation decision shall apply to the People's Court for compulsory execution in accordance with the law.

Beijing Yingting Law Firm has rich practical experience in land acquisition and demolition. It uses solid legal knowledge and theoretical literacy to study a series of legal disputes over land acquisition and demolition. It has accumulated rich experience in handling cases in all aspects and treats every party concerned with care.

03010Article 45 Whoever violates the provisions of land management laws and regulations and hinders the expropriation of land for national construction shall be ordered by the land administration department of the people's government at or above the county level to hand over the land; if he refuses to hand over the land, he shall apply to the people's court for compulsory execution.
Regarding the issue of compulsory execution of house demolition on collective land, Article 14 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land (Fa Interpretation [2011] No. 20) also clearly stipulates what conditions must be met before the court can accept compulsory execution.

Generally speaking, if it is a legal forced demolition, that is, forced execution, the following points need to be met:
1. Legal expropriation: This includes both substantive actions such as approval by the competent authority in accordance with the law, and procedural actions of expropriation, such as whether statutory procedures such as announcement, supervision, organization of hearings, and investigation and confirmation have been performed in accordance with the law.

2. The expropriated person applies for administrative reconsideration or does not file an administrative lawsuit within the legal period, and refuses to sign for the relocation.
3. The legal subject for the government to apply for compulsory enforcement by the People’s Court is the People’s Court
The above is enforced in accordance with the law, otherwise it will be illegal demolition. In short, ignore the procedures, ignore the methods, ignore the implementation subjects, ignore the implementation time, etc.

They are all illegal demolitions
For illegal buildings, if there is no real estate certificate, lack of approval procedures, etc. and violates the provisions of the "Regulations on the Implementation of the Land Management Law" and the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Rural Collective Land Administration Cases", the land administration department and the planning administration department will, after investigation and confirmation, make an administrative penalty decision to order demolition within a time limit in accordance with the law, and inform the parties that they have relevant rights and obligations such as statement and defense within the time limit stipulated by the law. If the party fails to perform relevant rights and obligations within the time limit stipulated by the law despite written reminders.

I want to remind you two things
1. For legal buildings, if forced demolition is carried out in the name of "wrongful demolition, assisted demolition", etc. These are illegal acts that deliberately evade legal responsibility. You can take legal measures to safeguard your rights.
Second, for illegal buildings, when receiving a time limit demolition notice, do not directly demolish it yourself.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.