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What to do if the compensation for house demolition is too low

Time: 2024.06.06 label: Land acquisition and demolition Rights protection skills Reading: 1130 people
Lawyer's analysis:
The party concerned can apply to let the house Demolition The management department will make a decision.
The demolisher and the demolished removed person or the demolisher and the demolished removed person cannot reach the agreement with the house lessee Relocation compensation In case of a settlement agreement, upon the application of the parties concerned, the administrative department of housing demolition shall make a ruling. If the administrative department of housing demolition and removal is the relocated person, the people's government at the same level shall make a ruling. The ruling shall be made within 30 days from the date of receiving the application. If the party concerned is not satisfied with the award, he may bring a suit in the people's court within three months from the date of service of the award.
Legal basis:
Working Procedures for Administrative Adjudication of Urban Housing Demolition
Article 20 When applying for administrative compulsory demolition and removal, the administrative department of house demolition and removal shall submit the following materials: (1) an application for administrative compulsory demolition and removal; (2) Adjudication mediation record and award; (3) The reason why the demolished removed person disagrees with the demolition;
(4) Notarial certificate of evidence preservation of the demolished house; (5) The ownership certificate or compensation fund certificate of housing for resettlement and turnover provided by the demolished removed person;
(6) If the demolished removed person refuses to accept the compensation funds, it shall submit the withdrawal certificate of the compensation funds; (7) Other materials specified by the administrative department of housing demolition under the people's government of the city or county.
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In the announcement stage of the land requisition compensation and resettlement plan, if the expropriated person or other obligees have different opinions on the plan, they can express their opinions and request a hearing. If it is really necessary to modify the land requisition compensation and resettlement plan, it shall be in accordance with the relevant laws, regulations and approved

 Lawyer Xu Xiaoqian
Lawyer Xu Xiaoqian
fifteen billion five hundred and ten million six hundred and forty-nine thousand eight hundred and sixty-one
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The party concerned may apply to the housing demolition management department for adjudication. If the demolisher and the demolished removed person, or the demolisher and the demolished removed person, or the demolished removed person and the house lessee fail to reach an agreement on compensation and resettlement for demolition, upon the application of the party concerned, the administrative department of housing demolition and removal shall make a ruling. House demolition management

 Lawyer Xu Xiaoqian
Lawyer Xu Xiaoqian
fifteen billion five hundred and ten million six hundred and forty-nine thousand eight hundred and sixty-one
Consult me

In case of forced demolition, they can call the police to demand that the legal responsibility of the vandals for intentionally damaging property be investigated, or they can directly file a lawsuit to the court to claim compensation for losses. No unit or individual may use violence, threat or violate regulations to interrupt water supply, heat supply, gas supply, power supply and road passage

Selected pictures and texts Pufa video Voice Answers
  • If illegal buildings are forcibly demolished, can they be compensated

     Legal Advisor

    Legal Advisor

    As for the administrative compensation for compulsory demolition of illegal buildings, according to the law, administrative compensation can be claimed only when the house meets the conditions of legal rights and interests, that is, it does not violate the land management and urban and rural planning law, and the demolition is announced to be fruitless. The Administrative Compulsory Law allows the demolition of illegal buildings by public announcement. If there is no appeal or cooperation within the time limit, compulsory measures will be implemented. This interpretation is intended to clarify legal procedures.

    Views: one thousand one hundred and twenty-two 2024-06-30
  • Whether there will be compensation for dismantling the first floor of the illegal building

     Legal Advisor

    Legal Advisor

    Generally, demolition violations do not involve compensation, but there are exceptions under special circumstances. If illegal construction occupies the legally obtained land use right, and demolition may damage their rights and interests, reasonable compensation shall be given at this time. Although the property in the illegal building is illegal, when the legitimate rights and interests are damaged, the violators and tenants have the right to claim compensation according to law, especially when their rights and interests are violated in the process of demolition.

    Views: one thousand four hundred and seventy-seven 2024-06-30
  • Whether compensation can be obtained for forced demolition of illegal buildings

     Legal Advisor

    Legal Advisor

    As for the administrative compensation for compulsory demolition of illegal buildings, according to the law, administrative compensation can be claimed only when the house meets the conditions of legal rights and interests, that is, it does not violate the land management and urban and rural planning law, and the demolition is announced to be fruitless. The Administrative Compulsory Law allows the demolition of illegal buildings by public announcement. If there is no appeal or cooperation within the time limit, compulsory measures will be implemented. This interpretation is intended to clarify legal procedures.

    Views: one thousand one hundred and twenty-two 2024-06-30
  • 41″

    What is easement

    Wen Feng

    Easement refers to the use of others' immovable property to improve one's own

    Listening volume: nine hundred and seventeen 2018-09-30
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 Lawyer Xu Xiaoqian

Beijing Jingshi Law Firm

Lawyer Xu Xiaoqian Partner lawyer of Beijing Jingshi Law Firm Director of Legal Affairs Department of Primary Land Development and Circulation of Beijing Jingshi Law Firm Member of All China Lawyers Association Member of Beijing Bar Association Member of Beijing Bankruptcy Law Society Practicing period: 10 years Professional fields: litigation, arbitration legal services, administrative litigation, real estate construction engineering legal affairs, expropriation and demolition, etc

Consult the lawyer
  • What are the ways of compulsory demolition and rights protection

    1573 people read

    When the property is subject to illegal demolition, you can call the police or videotape evidence to support the subsequent legal process. In a society ruled by law, citizens and enterprises can question whether the administrative acts of administrative organs and their staff are illegal and seek judicial relief. According to the Administrative Procedure Law of the People's Republic of China, when the legitimate rights and interests are damaged, they can file a lawsuit to the court according to law.

  • What are the handling methods in the process of illegal building expropriation

    1479 people read

    If the construction is carried out without obtaining or in violation of the construction project planning permit, the construction will be suspended by the competent urban and rural planning department. Items that can be corrected shall be corrected within a time limit and fined (5% - 10% of the total cost). Those that cannot be corrected must be removed, and those that cannot be removed shall be confiscated of physical objects or illegal income and fined (no more than 10% of the total cost).

  • Does the city management have the right to demolish illegal buildings

    1690 people read

    Whether urban management has the right to demolish illegal buildings depends on the authorization of the local government. According to the Urban and Rural Planning Law of the People's Republic of China, illegal constructors shall dismantle them by themselves within the specified time, or the administrative law enforcement department of urban management or the government at or above the county level can apply to the court for compulsory execution. However, the urban management has no right to directly dismantle the illegal construction without the authorization of the government. Therefore, the removal of illegal construction by urban management requires authorization first.

  • How much is the penalty for illegal construction per square meter

    1584 people read

    After deliberation by the urban planning department, some illegal construction can be legalized after paying a fine, which is calculated according to the building area or length. A fine of 200 yuan per square meter for temporary buildings, 600 yuan per square meter for permanent buildings, and 300 yuan per square meter for illegal roof construction. Since March 29, 1982, the illegal construction of houses with more than three floors and the expansion of land need to be demolished, and the part below three floors will be fined 500 yuan per square meter.

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