First, the demolition of houses that are about to collapse in rural areas;
Second, the demolition of houses that affect urban planning;
3. Housing demolition in a prime location of the city, where there are commercial areas, hospitals and schools, and the infrastructure construction is relatively mature.
1. Which of the following demolition behaviors is prohibited by the state?
1, forced demolition and violent demolition are prohibited;
2, the rural demolition government must issue the corresponding demolition documents, including compensation for demolition costs, demolition events, farmers' migration events, etc. ;
3. It is forbidden to take compensation after demolition. Do a good job of obtaining evidence. When demolishing houses, it is very helpful to take photos and collect evidence as much as possible, mainly to take photos of leaders and the process of demolishing houses, to start legal procedures, to confirm the subject of demolishing houses, to confirm demolishing houses, and even to apply for state compensation. Once the demolition takes place, it cannot be restored. At this time, only through legal means can we make up for the losses and get compensation as much as possible.
Second, what are the ways of compensation for demolition?
There are two ways of compensation for demolition:
1, monetary compensation, that is, according to the total value of farmers' lost interests converted into RMB for compensation;
2, equivalent replacement, that is, farmers can purchase commercial housing in the government planning area in line with the principle of more refunds and less subsidies to make up for their own losses. If the organizational system of the land-expropriated village or villagers' group is revoked, but the organizational system is not revoked, but it does not have the conditions for building houses in different places, the farmers who have been demolished will purchase commercial housing in the government planning area to make up for the losses in line with the principle of retreating more and making up less.
Third, how to see if the house will be demolished?
1, look at the announcement.
At the beginning of preparing for the demolition work, the government will post the demolition notice in the relevant residential area and official website of the Housing and Land Administration Bureau. If you hear the news of demolition, the first step should be to ask if there is a clear announcement.
2. Look at the location.
If there is no announcement from the government, we can judge from the geographical location of the house. The plots that are easy to be demolished often have the following characteristics: compared with the surrounding buildings, the function and aesthetics of this community have fallen behind; Low population density and low demolition cost; There are relatively mature commercial facilities around, and land prices have room to rise.
3, look at the age of the room.
The older the building, the greater the probability of demolition, and the newer the building, the smaller the probability of demolition.
4. Look at this area.
Developers all hope that after the demolition, the development and construction land area will be vast. Large areas of land, whether commercial or residential, high-end or mass, are easy to develop and design. With a small land area, developers lack the motivation for demolition.
5. Look at the terrain.
If the same area of land is halfway up the mountain or at the top of the mountain, the difficulty of land development will increase, and developers will lack the motivation to demolish. In flat areas, it is easier to attract developers to remove.
Therefore, although the country has strict requirements for demolition and relocation, and vigorously promotes the transformation policy of old renovation and shed renovation, the demolition policy still exists. It is necessary to demolish some dangerous houses and collapsed houses in rural areas. The implementation of the demolition policy is a very beneficial way for the people and has a far-reaching impact on society and the country.
Legal basis:
Regulations on house demolition
Article 13
After the conclusion of the compensation and resettlement agreement, it can be notarized by a notary office and sent to the competent department of house demolition for the record.
Demolition of houses in escrow according to law, the custodian is the competent department of house demolition, and the compensation and resettlement agreement must be notarized by a notary public, and the evidence shall be preserved.
Article 14
If the demolisher and the demolished person fail to reach an agreement on the form and amount of compensation, the resettlement area and place, the transition mode and the relocation transition period, the decision shall be made by the house demolition department that approved the demolition. If the person being demolished is the competent department of house demolition that approved the demolition, it shall be decided by the people's government at the same level.
If a party refuses to accept the decision, he may bring a suit in a people's court within 15 days from the date of receiving the award. During the litigation, if the demolisher has resettled the demolished person or provided the revolving house, the execution of the demolition shall not be stopped.