Legal basis: Regulations on Expropriation and Compensation of Houses on State-owned Land Article 5 The house expropriation department may entrust the house expropriation implementation unit to undertake the specific work of house expropriation and compensation. The implementation unit of house expropriation shall not be for profit. The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions.
Article 25 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Regulations, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house used for property right exchange, relocation expenses, temporary resettlement expenses or turnover of the house, loss of production or business suspension, relocation period, transition mode and transition period.
After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
The contract signed by the developer as a legal person and a natural person on the premise of legality, equality and voluntariness is protected by law.
If the contract involves the change of land use right, it is invalid because the acquisition method does not conform to the provisions of national laws. If the developer replaces or demolishes your house in order to obtain your land use right, this contract is invalid because it violates relevant laws and regulations.
However, an invalid contract does not affect the performance of the valid terms. The new house you replaced with the old house through legal transfer procedures is legally obtained and protected by law, while it is illegal for the developer to demolish your house to obtain land, which will be prohibited or punished by the construction and land management departments.
I conditions for the entry into force of the agreement
The agreement on compensation and resettlement for house demolition must include the unit, name and agent name of the demolition party, and the agreement must be signed and sealed by both parties before it has legal effect.
Demolition of non rental housing, signed by the demolition and demolition agreement; Demolition of rental housing, the demolition should be taken and the lessee signed an agreement.
Second, the main contents of the agreement
(1) compensation method, monetary compensation amount and payment term for demolition;
(two) the area, standard and location of resettlement houses;
(three) the payment method and time limit for the price difference of the property right exchange house;
(four) relocation period, relocation transition mode and transition period;
(five) payment standards and payment methods for relocation subsidies, temporary resettlement subsidies or losses caused by suspension of production and business;
(6) Liability for breach of contract and dispute settlement methods;
(seven) other terms agreed by the parties.
As for the specific content of each demolition compensation and resettlement agreement, it should also be different according to the different ways of demolition compensation. In case of monetary compensation, the agreement shall mainly specify the amount of compensation and the relocation period; The implementation of property rights exchange, the agreement mainly stipulates the structure, area and location of resettlement housing, relocation period, transition mode and transition period.