Dismantling signature conditions
Before the demolition, the local authorities will issue a demolition notice to the demolition area, explaining the reasons, time limit and demolition unit, and widely post it to understand the demolition matters and facilitate the demolition people to exercise their rights.
2, determine the legal qualification of the demolition subject.
The specific demolition enterprise must have the legal qualification recognized by the relevant departments, otherwise it may damage the rights and interests of the demolished person. According to "",only departments at or above the county level have the qualification for examination and approval of house demolition, and towns and villages are not the subject of house demolition collection.
3. No blank agreement was signed
Sometimes, in order to reach an agreement quickly, developers use verbal promises to deal with the demolished people, or format agreements, and many places are blank. Oral promises must be expressed in writing. The contract cannot be left blank and must be filled in to prevent the developer from not recognizing or changing it.
4, demolition order don't make a mistake, refused to default.
Under normal circumstances, after the demolition is determined, an agreement is signed first, then compensation is given, and finally the demolition is carried out. Sometimes, in order to catch up with the construction period, developers will urge the relocated households to move first and promise to compensate later, which is against the national demolition regulations. Once the developer's capital chain breaks and runs away, the compensation will not be available after the house demolition.
Legal basis: Land Administration Law of the People's Republic of China
Article 15 People's governments at all levels shall, according to the national economic and social development plan and annual plan, national land space plan, national industrial policy and the actual situation of urban and rural construction and land use, strengthen the management of land use plan, control the total amount of construction land, promote the development and utilization of existing construction land in urban and rural areas, guide the redevelopment of inefficient land in urban areas, implement the standard control system for construction land, carry out the evaluation of economical and intensive land use, and popularize and apply land-saving technologies and models.
Article 26 Where land needs to be requisitioned, if the local people's government at or above the county level considers that it conforms to the provisions of Article 45 of the Land Management Law, it shall issue a pre-announcement of land requisition, and carry out investigation on the current situation of the requisitioned land and social stability risk assessment.
The pre-announcement of land expropriation shall include the scope, purpose and arrangement of land investigation. The pre-announcement of land requisition shall be published in the township (town), village and villagers' group where the expropriated land is located in a way that is beneficial to the public. The pre-announcement time shall not be less than ten working days. Since the date of the pre-announcement of land acquisition, no unit or individual is allowed to scramble for seed and construction within the scope of the proposed expropriation; Those who rush to plant and build in violation of regulations will not be compensated for rushing to plant and build.
The investigation of land status should find out the location, ownership, land type and area of land, as well as the ownership, type and quantity of rural villagers' houses, other ground attachments and young crops. Social stability risk assessment should comprehensively judge the social stability risk of land acquisition, determine the risk points, and put forward risk prevention measures and disposal plans. The social stability risk assessment shall be attended by the rural collective economic organizations and their members, villagers' committees and other interested parties whose land has been expropriated, and the assessment results shall serve as an important basis for applying for land expropriation.