put questions to 180000 lawyers answer online
home page > Selected answers > Selected answers to enterprise demolition > Detailed process of enterprise demolition

Detailed process of enterprise demolition

Time: June 13, 2024 label: Land acquisition and demolition Enterprise demolition Reading: 994 people
Lawyer's analysis:
enterprise Demolition It mainly involves the following processes:
1. The construction unit applies for the housing demolition permit;
2. The administrative department of housing demolition issues the demolition permit;
3. The administrative department of housing demolition issues a demolition notice;
4. Within the scope of demolition notified in writing by the demolisher housing ownership People;
5. The relocated person shall ask the housing demolition management department about the compensation method and amount, the area of housing for resettlement, the resettlement location and the relocation transition method.
Legal basis:
Article 14 of the Working Rules for Administrative Adjudication of Urban Housing Demolition

The administrative ruling shall be made within 30 days from the date of receiving the application. The administrative department of housing demolition shall issue an award when making a ruling.
The award shall include the following contents:
(1) Basic information of the applicant and the respondent;
(2) Main facts and reasons of the dispute;
(3) Basis and reasons of the award;
(4) The compensation method, compensation amount, resettlement housing area and resettlement location, relocation period, relocation transition method and transition period that need to be decided according to the administrative ruling application;
(5) Inform the parties of administrative reconsideration and administration litigation Rights, time limit for applying for reconsideration and time limit for bringing a lawsuit;
(6) The name, ruling date and official seal of the housing demolition management department;
The removal period specified in the administrative ruling shall not be less than 15 days.

Copyright notice: This platform has exclusive copyright on the content mode of graphics and text, and can not be copied or reproduced in any form without permission.

Whether it is legal or not should first confirm the nature of industrial land. Industrial land that meets the conditions for transfer of industrial land can be transferred. Both parties to the transaction shall apply for transfer and assignment. The transaction party shall also provide the transfer agreement, land use certificate, parcel of land

If the self owned property right enterprise chooses property right replacement for demolition, the calculation formula of the compensation amount is: the compensation amount is equal to the compensation for the difference between the resettlement house and the original house plus the cost of equipment relocation and installation plus the cost of temporary resettlement plus the compensation for the removal of employees plus the loss of production and business suspension (the business area is multiplied by

1. The construction unit applies for the housing demolition permit; 2. The administrative department of housing demolition issues the demolition permit; 3. The administrative department of housing demolition issues a demolition notice; 4. The demolisher shall notify the house owner within the scope of demolition in writing; 5. Demolition of houses by the relocated people

Selected pictures and texts Pufa video Voice Answers
  • What compensation items are included in enterprise demolition

     Legal Advisor

    Legal Advisor

    Compensation for enterprise demolition mainly includes: compensation for the benchmark price of the unexpired land use right; Valuation or compensation of self operated buildings such as factory buildings, dormitories and warehouses; Rent loss of leased plant; The decoration and ancillary facilities shall be evaluated according to the cost and service life; Replacement cost compensation for equipment that cannot be removed; Economic losses caused by temporary shutdown due to demolition. The compensation plan needs to be scientifically calculated and evaluated based on the nature and operating conditions of the enterprise.

    Views: eight hundred and fifty-nine 2024-07-01
  • Whether the enterprise demolition compensation should be taxed

     Legal Advisor

    Legal Advisor

    When enterprises encounter demolition, the demolition compensation involves taxes. The income from policy relocation is regarded as taxable income, which can be deducted before tax when purchasing fixed assets. Income from relocation shall not be included in income tax temporarily within five years and shall be recognized after relocation. Enterprises that conform to the government plan and the new investment plan can recognize the compensation income year by year within five years without immediate recognition.

    Views: eight hundred and thirteen 2024-06-27
  • What is the compensation standard for plant occupation

     Legal Advisor

    Legal Advisor

    When the government requisitions the factory buildings of enterprises, the compensation includes the property value of the factory buildings, the relocation and resettlement fees for production facilities, and the economic losses caused by shutdown, which are determined according to the operating conditions, shutdown time and other factors. Relocation compensation for leased factories According to the lease agreement, enterprises with the right of use can obtain compensation for reconstruction costs, economic losses, facilities relocation, etc; The lessee without land use right only has the right to plant compensation. The operation manager has the right to seek compensation for economic losses, and the detailed rules shall be implemented in accordance with local laws and regulations.

    Views: one thousand and thirty-five 2024-06-21
Hot expertise:
Beijing Land Requisition and Demolition Lawyer Shanghai Land Requisition and Demolition Lawyer Guangzhou Land Acquisition and Demolition Lawyer Shenzhen Land Requisition and Demolition Lawyer Chengdu Land Requisition and Demolition Lawyer Chongqing Land Requisition and Demolition Lawyer Hangzhou Land Requisition and Demolition Lawyer Xi'an Land Requisition and Demolition Lawyer Wuhan Land Requisition and Demolition Lawyer Suzhou Land Requisition and Demolition Lawyer Zhengzhou Land Requisition and Demolition Lawyer Nanjing Land Requisition and Demolition Lawyer Tianjin Land Requisition and Demolition Lawyer Lawyer for Land Requisition and Demolition in Changsha Dongguan Land Acquisition and Demolition Lawyer Ningbo Land Requisition and Demolition Lawyer Foshan Land Requisition and Demolition Lawyer Hefei Land Requisition and Demolition Lawyer Qingdao Land Requisition and Demolition Lawyer Kunming Land Requisition and Demolition Lawyer Shenyang Land Requisition and Demolition Lawyer Jinan Land Requisition and Demolition Lawyer Wuxi Land Acquisition and Demolition Lawyer Xiamen Land Acquisition and Demolition Lawyer Fuzhou Land Requisition and Demolition Lawyer Wenzhou Land Requisition and Demolition Lawyer Dalian Land Requisition and Demolition Lawyer Guiyang Land Acquisition and Demolition Lawyer Nanning Land Requisition and Demolition Lawyer Shijiazhuang Land Acquisition and Demolition Lawyer Taiyuan Land Acquisition and Demolition Lawyer Nanchang Land Requisition and Demolition Lawyer Harbin Land Acquisition and Demolition Lawyer
open
 Lawyer Liu Shuang

Sichuan Guozhu Law Firm

Liu Shuang, a full-time lawyer, served as the legal adviser of a community in Wenjiang District in 2018 and was rated as an advanced individual by the Judicial Bureau; In 2021, he won the title of Chengdu Legal Aid Advanced Individual of Chengdu Municipal Bureau of Justice; From May 2020 to May 2022, he served as a specially invited mediator of a district people's court in Chengdu. During his practice, he presided over mediation and represented a large number of civil and commercial legal litigation cases and non litigation cases, including construction contract disputes, creditor's rights and debt disputes, equity disputes, corporate legal advisers, etc. Lawyer Liu provides special legal knowledge training for all units. Lawyer Liu Shuang always believes that cases can be difficult or easy, but there is no difference between big and small cases. For each case, we will do our best to safeguard the legitimate rights and interests of the parties with a sense of responsibility, professionalism and enthusiasm.

Consult immediately
  • Can the company's demolition funds be transferred to the company's designated personal account

    1297 people read

    The enterprise demolition compensation cannot be directly paid to the individual account, but should be transferred to the enterprise account. This is stipulated by laws and international practices to ensure that enterprises actually receive payments. The housing demolition in urban reconstruction needs to compensate the relocated people, including natural persons and legal persons, in the form of property right transaction compensation, price compensation and combined compensation.

  • Who owns the compensation for the loss of production and business suspension

    1127 people read

    In the dispute over the ownership of the compensation fees for the suspension of production and business, the government functional department responsible for housing expropriation shall bear the legal responsibility to compensate the lessee for the loss caused by the suspension of production and business due to demolition. The compensation includes the housing market value, relocation costs, temporary resettlement costs, etc. Therefore, relevant parties shall bear the economic losses of the lessee in this process.

  • Who should be compensated for the loss caused by the removal of shops, production and business suspension

    1944 people reading

    The compensation for the loss of production and business suspension caused by the removal of shops is mainly for tenants rather than homeowners. According to the Regulations on the Acquisition and Compensation of Houses on State owned Land, the economic loss compensation should be given to the tenants when the leased business property is demolished. The compensation amount shall be assessed according to the profit before the removal of shops and the time of production and business suspension, and the specific calculation method and standard shall be formulated by each region.

  • How to confirm demolition compensation for collective enterprise contractors

    1243 people read

    With regard to the determination of the collective enterprise contractor in the demolition compensation, the compensation standard is mainly based on the house structure and depreciation degree, and is calculated at the price per square meter. The turnover compensation is subsidized monthly according to the temporary living conditions of residents. The incentive compensation fees shall be determined by the local government in consideration of the actual situation of the region and the national laws and policies, and shall not be changed without authorization.

How long will the running score be judged How many years will be sentenced for serious injury caused by intentional injury The maximum sentence for intentional injury is several years What is the crime of intentionally injuring others to cause death How many years will it take to kill someone at the age of 15 Can we sue intentional injury for minor injury How long is the sentence for fighting How to Convict People Who Intentionally Scare and Cause Mental Injury to Others How to Sentence and Compensation for Deliberate and Minor Injuries How long is the sentence for minor injuries How to deal with crimes under the age of 14 Sentence several years for intentionally wounding people with a knife How long is the sentence for robbery How to judge minor injuries caused by intentional injuries of minors How to Judge Serious Injury for the Crime of Intentionally Injuring Others How to sentence and compensate for serious injury How to judge when you are 16 years old and get a guarantor pending trial How to Judge Juvenile Deliberately Injuring Others How long can a minor injury be judged as Grade II How to sentence and compensate for intentional injury and minor injury Does minor injury constitute crime of intentional injury How long will you be sentenced if you commit a criminal case at the age of 17 Sentencing standard for death caused by intentional injury How long can you be sentenced for stealing 3000 yuan of mobile phones Death caused by traffic accident How many years in prison for stealing 30000 yuan Can a mentally ill person be sentenced to death by intentional wounding How to sentence accomplices of gang fraud Can the case of intentional injury be withdrawn through mediation How many years is the sentence for intentional homicide
View All