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Do dilapidated houses in rural areas have to be forcibly demolished? Can dilapidated houses that are the only houses in rural areas be demolished by force?

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Article author:Yingting Lawyers Group | Update time:2023-06-19 | Reading times:385

Dangerous houses (referred to as dangerous houses) refer to houses where the load-bearing components are dangerous, the structure has lost stability and load-bearing capacity, and may collapse at any time, making it impossible to guarantee the safety of living. Our country's current dangerous houses are divided into four grades: A, B, C, and D. There are regulations. What kind of house is considered to be a certain grade
Demolition of "dangerous buildings" must also follow certain legal procedures.

The first is the application form for appraisal of dangerous houses. Article 7 of the "Urban Dangerous Building Management Regulations" stipulates that the owner or user of the house should apply for appraisal of dangerous houses. Under normal circumstances, the expropriating party cannot take the initiative to apply for appraisal of dangerous houses. Even if an application is made, both parties must jointly select an appraisal agency and cannot unilaterally entrust it. Secondly, draw appraisal conclusions.

Beijing Yingting Law Firm specializes in handling multiple complex dispute cases in the field of administrative litigation, with 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.

Article 6 of the "Urban Dangerous House Management Regulations" stipulates: The real estate department of the municipal and county people's administrative organs shall establish an appraisal agency and uniformly use the "Special Seal for House Safety Appraisal"
Therefore, the expropriated person should make it clear whether the evaluation agency has the corresponding qualifications, whether the evaluation conclusion has a "special seal", and whether the housing evaluation procedures have been completed, otherwise the evaluation conclusion will not have legal effect.

If the appraisal conclusion of the treatment procedure is legal and valid, the house owner should reinforce or repair the house based on the appraisal opinion. If the house is not repaired in time, the housing management department can designate relevant units to repair or take other measures. However, if the measures need to follow legal procedures and involve house demolition, the notification, supervision, hearing and argumentation procedures should be carried out in accordance with the provisions of the "Administrative Enforcement Law". Direct demolition cannot be done, which will damage the legitimate rights and interests of the house owner.

For the needs of the public interest, the state can expropriate or expropriate land and houses, and provide compensation to the property owners. Therefore, when a dilapidated house is demolished, compensation is also required. If the demolisher asks for demolition because the house is a dilapidated house, and there is no compensation, then we should pay attention to this. This may be the other party's means of forced relocation. At this time, don't panic, and find a professional Yingting demolition lawyer as soon as possible to protect your rights.

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.


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