First, review whether the house demolition project conforms to the plan. The law stipulates that house demolition must be aimed at public interests, but it is inevitable to engage in commercial real estate development under the banner of public welfare. Some people may question how to regulate the purpose of house demolition through planning. Planning is the overall arrangement and implementation measures of the government for urban construction layout, land use and economic and social development in a certain period of time.
Article 2 of the Urban and Rural Planning Law stipulates that the formulation and implementation of urban and rural planning and construction activities in the planning area must abide by this law. Article 17 of the overall urban planning stipulates that the period of town planning is generally twenty years. The overall urban planning should also make predictable arrangements for the longer-term development of the city. In theory, it can really regulate the temporary decision-making led by the government and the purpose of house demolition.
2. Formulate the demolition compensation and resettlement plan 1, which will be drafted by the house demolition department;
2, the government organized relevant departments to demonstrate the demolition compensation and resettlement program;
3 to solicit public opinions, it is necessary to issue an announcement to solicit opinions, and the time for soliciting opinions shall not be less than 30 days. During the period of soliciting opinions, the relocated households can make compensation to the house demolition department.
4, published for comments and amendments. In practice, soliciting public opinions is the legal participation right of relocated households, but in practice, such a situation will occur and the opinions put forward by relocated households will not be adopted.
Third, organize a hearing. Not every demolition project needs a hearing. There are two preconditions for holding a hearing: one is to demolish houses due to the transformation of the old city, and the other is that most relocated households do not agree.
Fourth, assess the risk of social stability. The Opinions of the State Council on Strengthening the Construction of a Government under the Rule of Law issued on 20 10 clearly stated that it is necessary to "improve the risk assessment mechanism of administrative decision-making", with the focus on "social stability, environment and economic risk assessment".
Fifth, a demolition notice is issued, and new demolition projects after 20 1,1,2 1 do not need a house demolition permit, regardless of urban house demolition or rural house demolition. The people's governments of cities, counties and districts are the main bodies that publish the announcement of house demolition or expropriation, and the expropriation office, the Construction Bureau or the Housing and Construction Bureau and the Land and Resources Bureau have no right to publish it. The contents of the announcement must specify the compensation plan, administrative reconsideration, administrative litigation and other matters.
If you think that the compensation for demolition is unreasonable, we strongly recommend that you file an administrative reconsideration or administrative lawsuit within two months from the date of the announcement of house demolition (expropriation).
Six, household survey registration mainly refers to the ownership, location, use and construction area of the house. Then announce it to the relocated households and accept supervision.
Seventh, we should pay attention to evaluation: the choice of evaluation institutions is decided by the relocated households through consultation, not by the government. The person who carries out house appraisal must have the qualification of appraiser.
Eighth, after confirming that the compensation is reasonable, sign a compensation agreement. After signing the compensation agreement, you should have a written agreement in your hand. Never sign a blank agreement. Never make such a low-level mistake. If you think the compensation terms are unreasonable, don't sign them. Find Beijing demolition lawyers to defend their rights in time.
Ninth, the municipal, county and district people's governments make compensation decisions. If he refuses to accept the compensation decision, he may file a reconsideration or administrative lawsuit within 2 months from the date of service.
Tenth, compensation first and then relocation, mainly to prevent forced relocation of relocated households without compensation in place, resulting in new social contradictions.
If your house is facing demolition on state-owned land, I suggest you follow the demolition procedures carried out by the government as I said to see if the demolition is legal. If it is illegal, the compensation is unreasonable. Beijing Qi Ying Demolition Lawyers Group suggests that you take up legal weapons to safeguard your legitimate rights and interests.