Legal information

During the process of expropriation and demolition, many people think that forced demolition is illegal. In fact, not all forced demolition is legal, and not all forced demolition is illegal. In the process of house demolition, the key to being able to carry out forced demolition is whether the forced demolition procedure is legal.
Today, a house demolition lawyer will take us to talk about the legal knowledge in this area. Generally speaking, legal demolition actually refers to judicial demolition.

Basically, after the expropriation and demolition compensation decision is issued, if the demolished person has no objection and refuses to move, the demolished person can apply to the court for enforcement procedures. In most cases, after the demolisher receives the expropriation and demolition compensation decision, it means that the demolisher has expressed its position on compensation. There are only so many demolishers who apply for reconsideration or lawsuits that have statutory limitations.

The reconsideration period is 60 days, and the litigation application period is 6 months. If the demolisher fails to reconsider or files a lawsuit within the time limit, it will enter the judicial enforcement step. The legal steps for judicial forced demolition are as follows:
1.Notification:
If the demolished person has no objection to the demolition compensation decision, does not reconsider or file a lawsuit, or refuses to move out of the demolished house within the time limit, according to regulations, the demolisher shall issue a demolition compensation notice to the demolished person.

2. Within 10 working days from the date when the demolisher applies for compulsory execution notice to the demolished person, if the demolished person still fails to perform, he can apply to the court for compulsory execution. Here, all the demolished people must understand that even if the demolished person does not perform the relocation, it does not mean that the demolished person can directly demolish the house, only after applying to the court.

According to relevant regulations, the person being demolished should submit the required materials, applications and demands to the court, and apply for the details of the person subject to enforcement;
risk assessment materials;
Proof of delivery of compensation decision for expropriation and demolition, the situation at the time of reminder and the opinions of the demolished persons;
Expropriation and compensation decisions and relevant evidence;
The application for compulsory execution shall be submitted within 3 months after the expiration of the legal prosecution period of the demolished person;
Late applications will not be accepted by the court except under special circumstances.

3. Acceptance:
After the court accepts the compulsory execution, it needs to review the legality and rationality of the expropriation and demolition compensation decision and whether it can be enforced based on relevant evidence, questioning the demolished persons, organizing hearings, on-site investigations, etc. Within 30 days from the date of filing the case, the court will make a ruling on whether to enforce the compulsory execution, which can be extended if there are special circumstances.

If the people's court decides not to implement the decision, it must explain the reasons and deliver the ruling to the applying authority within the time limit.
4. Enforcement Within 15 days from the date when the execution ruling is delivered to the demolished person, if the demolished person still fails to perform his obligations in accordance with the regulations, the enforcement procedure will be implemented. Therefore, during the house demolition process, if there is forced demolition, we will first judge whether it is legal through the legal procedures of forced demolition.
Yingting Law Firm is mainly engaged in administrative litigation of large and medium-sized enterprises, government-enterprise disputes and other difficult legal issues, including legal services involving investment projects, corporate relocation, land recovery, mineral resource suppression, maritime rights disputes, corporate restructuring and bankruptcy. If you have any relevant questions, please call or leave a message, we will reply as soon as possible.

Once illegal demolition occurs, what we need to do is to involve the demolition lawyer and use the illegal points to obtain reasonable demolition compensation. Don’t think that you know everything. If you delay again and again, your own interests will be damaged.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.