Enterprise demolition

There are many cases of forced demolition of houses during land acquisition and demolition. No matter what the circumstances, once a house is forcibly demolished, it will cause irreversible damage to the lives of the demolished people and their future rights protection. Therefore, it must be clear, under what circumstances can a house be legally demolished?
Only by doing your homework in advance can you protect your rights and interests through legal means before forced demolition.

According to Article 64 of the Urban and Rural Planning Law, if a construction project planning permit is not obtained or construction is not carried out in accordance with the provisions of the construction project planning permit, the urban and rural planning department of the local people's government at or above the county level shall order the construction to stop;
If corrective measures cannot be taken to eliminate the impact, it will be demolished within a time limit;
Article 65 stipulates that within a township or village planning area, if a rural construction planning permit is not obtained in accordance with the law or construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or town people's government shall order the construction to stop and make corrections within a time limit;
If it is not corrected within the time limit, it can be demolished;
Article 68 stipulates that after the urban and rural planning authority makes a decision to stop construction or demolish within a time limit, if the party concerned fails to stop construction or demolition within a time limit, the local people's government at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing off the construction site and forcing demolition.

It can be seen from the above laws and regulations that the power of administrative compulsory demolition belongs to the township people's government (the scope of law enforcement is villages and towns) or the people's government at or above the county level (the scope of law enforcement is cities), and its objects are:
If a construction project planning permit is not obtained or construction is not carried out in accordance with the provisions of the construction project planning permit, if a rural construction planning permit is not obtained or construction is not carried out in accordance with the provisions of the rural construction planning permit, it means that no planning procedures have been obtained.

Yingting Law Firm handles many complex dispute cases in the field of administrative litigation and has a profound theoretical foundation and practical experience. Use solid legal knowledge and theoretical literacy to study a series of legal issues in administrative litigation, and have accumulated rich experience in handling cases in many aspects such as house demolition disputes, agricultural land expropriation and conversion disputes, illegal construction disputes, administrative agreements, administrative promises, land rights confirmation, land contract contracts, civil contracts, etc. We always practice the concepts of rigorous, realistic, civilized and just rule of law and strive to safeguard the legitimate rights and interests of our clients.

Generally speaking, what are the conditions for forced demolition?
1. The demolition decision has taken legal effect
2. After the court filed the case and reviewed it, the demolition decision found clear facts, applied the law correctly, and the procedures were legal. It must be made by a department with the power to make decisions according to law. The third court has accepted the case and issued an execution notice and other relevant procedures to the demolition party.

4. Compulsory measures can only be taken if the demolisher does not voluntarily demolish the property.
5. Compulsory measures taken by the court must be subject to legal approval. Simply put, which houses can be demolished?
Illegal construction
1) Buildings built without application or approval, or without obtaining a construction land planning permit and a construction project planning permit.

2) Unauthorized changes to the buildings stipulated in the construction project planning permit
3) Buildings built with unauthorized changes in use
4) Setting up temporary buildings as permanent buildings without authorization (Articles 39 and 40 of the "Urban Planning Law of the People's Republic of China") If a house decided to be demolished in accordance with the provisions of Article 17 of the "Urban House Demolition Management Regulations" but has not been moved within the relocation period specified in the ruling, the city or county people's government where the house is located shall instruct the relevant departments to force the demolition, or the house demolition management department shall apply to the People's Court for compulsory demolition in accordance with the law.

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 land acquisition and demolition procedures | land acquisition and demolition compensation details | land acquisition and demolition compensation | land demolition and land acquisition telephone number, you can consult the farmland land acquisition and demolition lawyer on this site for one-to-one online consultation.