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Legal procedures for demolition, demolition procedures according to law (legal demolition procedures and details)

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Article author:Yingting Lawyers Group | Update time:2023-06-09 | Reading times:988

Due to the needs of land planning and special construction projects, in order to maximize land use efficiency, it is often necessary to demolish a large number of old houses. However, because part of the land gathers the funds and labor of the original users, it is the basic material condition for the survival and production of the original users and residents. During the reconstruction process, the person in charge of the demolition work must provide appropriate compensation for the losses of the original users and residents, and properly resettle them.
Nowadays, land resources are extremely scarce, followed by the continuous increase in land value and the drive for profits, resulting in more and more illegal land occupation operations in reality. So what is the legal land acquisition and demolition procedure?
1. Approval of local government The law clearly stipulates that land acquisition shall be subject to the approval of the State Council or the provincial people's government.
The requisition of basic farmland and cultivated land exceeding 35 hectares and other land exceeding 70 hectares shall be approved by the State Council. Other land requisition shall be approved by the provincial government and reported to the State Council for record.
2. Announcement from the municipal and county land and resources departments: The land and resources bureaus of the people's governments at the municipal and county levels shall publish the land acquisition approval in the village committee or villager group within 10 working days after receiving the land acquisition approval.
3. Preliminary negotiation and on-site investigation A demolition project requires an evaluation company to do it, either through bidding or directly entrusting the evaluation agency to first understand the general situation, including going to the site for preliminary investigation and understanding the scope and objects of the evaluation. Compensation basis: The purpose and construction area of the demolished house are generally based on the records in the real estate certificate, rural homestead use certificate or building approval document.
Fourth, sign an appraisal contract and then formulate a work plan. If an appraisal company wants to participate in this house demolition, it needs to discuss the charging issue. There are national guiding standards for appraisal charges. At the same time, it is necessary to refer to the market conditions to discuss the entrustment of the appraisal contract signed by both parties. Verb (abbreviation of verb) payment of land acquisition compensation.
After the land acquisition compensation and resettlement plan is approved, the municipal and county-level people's governments will organize the local land administrative departments to implement the land acquisition compensation payment. Generally, the land acquisition compensation will be paid to the local village committee first, and then distributed to individual villagers by the village committee. However, it must be clear that the compensation agreement is signed between the government and our expropriated individuals, and the village committee has no right to sign a compensation and resettlement agreement with us.
Urban development is a process of continuous reconstruction. In order to meet the needs of the city's overall planning and national special projects, the original buildings need to be demolished to make full and rational use of the increasingly tight state-owned land resources.
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.We focus on administrative litigation and rights protection cases for medium and large enterprises, and boldly explore, summarizing a number of unique methods for resolving government-enterprise disputes and administrative litigation cases. We have solved the problems of government-enterprise disputes for many medium-sized and large enterprises, successfully improved the benefits due to administrative counterparts in accordance with the law, and have won the trust of the majority of business owners.


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