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Enterprises are important entities in the vigorous development of social economy. However, in order to realize new urban and rural planning, in recent years and even in the coming decades, corporate interests will inevitably give way to public interests, and corporate demolition has become the norm. The person in charge of the company needs to understand the demolition work as early as possible and establish comprehensive legal knowledge on demolition in order to better safeguard the interests of the company. Therefore, this article will continue to introduce you to the important stages involved in the corporate demolition process.

1. Understand when to file administrative reconsideration and administrative litigation

During the demolition process, if illegal acts such as forced demolition or illegal demolition are discovered, the enterprise can file an administrative review or administrative lawsuit. At this stage, it is recommended that professionals collect pre-demolition documents, apply for government information disclosure, etc. Administrative reconsideration and administrative litigation can buy more time for enterprises, prevent forced and illegal demolitions, and also help buy more time for enterprises to negotiate.

Let me introduce to you what is the prerequisite document for demolition:

1. Construction project approval

Article 3 of the "Opinions on the Implementation of House Expropriation and Compensation on State-owned Land in Beijing" clearly states that "if houses need to be expropriated for public interests, the construction unit shall submit an expropriation application to the county people's government in the area where the construction project is located, and submit project approval documents, planning opinions, land pre-examination opinions and other documents. After receiving the application, the district and county people's government shall review whether the construction project meets the conditions for house expropriation in accordance with the "Regulations on Expropriation and Compensation". "

It can be seen from this that if the construction unit of a demolition project wants to start demolition, it must be for the "public interest" and obtain the "construction project filing approval" before further work can be carried out.

2. Planning permission documents

Article 9 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that construction activities that really require the expropriation of houses must comply with the national economic and social development plan, overall land use plan, urban and rural planning and special planning. Articles 37 and 38 of the "Urban and Rural Planning Law" also clearly state that projects that obtain state-owned land use rights must obtain a construction land planning permit from the urban and rural planning authorities of the city and county people's governments.

By checking whether the construction unit has a planning permit, the company can easily determine whether the demolition project is legal.

3. Land pre-review documents

A comprehensive analysis of the "Measures for the Administration of Pre-examination of Land Use for Construction Projects" and the "Notice of the General Office of the State Council on Strengthening and Standardizing the Management of New Projects" shows that the pre-examination document for land use is an important prerequisite for obtaining approval for construction projects, so it is also a necessary document before the expropriation decision is made.

Therefore, once an enterprise discovers that the demolition construction unit lacks the above-mentioned prerequisite documents, it can safeguard its legitimate rights and interests through reconsideration or litigation.

2. Demolition Negotiations

The status of the two parties in the negotiation is unequal, and the company can usually only reduce the losses caused by the demolition by proposing a reasonable compensation plan. Therefore, enterprises need to find out their own property status before negotiating, and customize a negotiation plan supported by sufficient evidence and legal basis. Then further determine the amount of the offer, when to make the offer, how to leave opportunities for the next negotiation under adverse conditions, etc.

3. Sign a compensation agreement

In a land thousands of miles away, we must not collapse in an ant nest. Compensation agreements are precisely an effective means to reflect the results of negotiations and avoid performance risks. When signing a compensation agreement, professionals must help the company to check whether all the compensation contents are implemented in the agreement, and whether there are any traps in the compensation method and payment time. Therefore, it is recommended that companies try to fully communicate with lawyers before signing a compensation agreement. After fully understanding the company's own situation, review the demolition agreement item by item. If necessary, a lawyer can accompany the client to attend the signing site.

4. Enterprise demolition flow chart

Through the three articles, friends have a general understanding of the enterprise demolition process. Below, the editor uses a process diagram to show you the process overview again.

The first stage: Find out the company's property status and retain evidence → Eliminate tax, fire, production safety and other hidden dangers → Collect demolition information in real time → Actively learn demolition laws and regulations

The second stage: collect demolition publicity information → select the appropriate assessment agency

The third stage: Find out whether the demolition is legal. If it is illegal, you can choose administrative reconsideration or administrative litigation to protect your legitimate rights and interests → Negotiate demolition → Sign a compensation agreement

What do you think about the forced demolition of enterprises?