China Naming Network - Almanac query - Is house expropriation a demolition?

Is house expropriation a demolition?

House expropriation is not demolition. House expropriation is an administrative legal relationship, which means that the state changes the ownership of land, houses and other real estate for public interests, and it is a compulsory state behavior; House demolition is a kind of civil legal relationship, which refers to the demolition of houses and their attachments within the scope of construction land by the construction unit according to the requirements of construction planning and government land grant documents and with the demolition permit.

The correct procedure of house expropriation

1. Project start-up procedure: the construction unit (project owner) applies for house expropriation according to the approval documents listed in Article 8 of the Regulations, and the government organizes development and reform, planning, land, housing construction committee, finance and other relevant departments to study whether the construction project implementing house expropriation conforms to the relevant plans and plans stipulated in the Regulations, the establishment of the construction project, the scope of land use, the compensation for expropriation and the recovery of land use rights within the proposed scope. In order to improve work efficiency and avoid the heavy task brought by multi-department soliciting opinions, the government can also convene relevant departments to hold a meeting to study and clarify the opinions of various departments in the form of meeting minutes as the basis for starting housing expropriation.

Two, by the relevant departments to suspend the relevant procedures for new construction, expansion, renovation and change of housing use within the scope of the proposed collection;

Third, the house expropriation management department should organize relevant units to investigate and register the ownership, location, use and area of the house, and publish it within the scope of house expropriation;

Four, the housing levy department to develop compensation programs, reported to the government for research;

Five, the government organized relevant departments to demonstrate and publish the compensation plan;

Six, the collection of compensation programs to solicit public opinions. The government will solicit opinions and amendments in a timely manner, and the period for soliciting opinions shall not be less than 30 days;

Seven, the responsibility of the unit to assess the legitimacy, rationality, scientificity, safety and timeliness of the housing levy project;

Eight, the government organized by the expropriated person and public representatives to participate in the hearing, and according to the hearing to modify the program;

Nine, the government organized relevant departments to investigate, identify and deal with unregistered buildings within the scope of collection;

Ten, the collection of compensation fees in place, special storage;

Eleven, the government made a decision on expropriation, and timely announcement, should specify the scope of expropriation, expropriation compensation scheme, administrative reconsideration, administrative litigation rights and other content. ;

Twelve, the real estate price assessment agencies to determine the public lottery, the implementation of on-site assessment work, the assessment results in the scope of housing levy to the public;

XIII. Sign a compensation agreement;

Fourteen, in accordance with the law within the scope of housing expropriation timely compensation decision and make an announcement;

Fifteen, apply to the court for compulsory execution according to law;

Sixteen, the establishment of housing expropriation compensation files in accordance with the law, and the household compensation situation to be announced to the expropriated person.