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What if the house is demolished privately?
The ways to protect the rights of demolished houses without knowing it are as follows:
1. When facing the threat of unlawful infringement, formally submit a written request for protection to the local public security organ, and keep the delivery receipt.
2. Call the police for help immediately when being infringed.
3. After being infringed, it is necessary to file a case for investigation and investigate the criminal responsibility of the infringer.
4. Apply to the court for administrative reconsideration or administrative litigation on administrative omission at an appropriate time.
5. Litigation is not an end, but a means. It promotes the settlement of disputes through litigation and obtains reasonable compensation. When rural houses are demolished, it will be more conducive to safeguarding personal interests if professionals help.
Two, the provisions of the "Regulations" management of urban housing demolition.
Sixth housing units to obtain housing demolition permit, before the implementation of the demolition.
Article 7 To apply for a house demolition permit, the following materials shall be submitted to the house demolition management department of the people's government of the city or county where the house is located:
(a) the approval document of the construction project;
Construction land planning permit;
(three) the approval document of the right to use state-owned land;
Demolition plan and demolition plan;
(five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business.
The housing demolition management department of the people's government of the city or county shall review the application within 30 days from the date of receiving the application; Upon examination, if it meets the requirements, a house demolition permit will be issued.
Eighth housing demolition management departments in the issuance of housing demolition permits at the same time, should be specified in the housing demolition permit demolition, demolition scope, demolition period and other matters, to be published in the form of housing demolition notice.
The house demolition management department and the demolished person shall promptly publicize and explain the work to the demolished person.
Ninth people should be taken in the demolition permit to determine the scope and duration of the demolition, the implementation of housing demolition.
Need to extend the demolition period, the demolition should be taken before the expiration of the demolition period to the housing demolition management department to apply for extension of the demolition; The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition.
Tenth people can take their own demolition, demolition can also be entrusted with the qualification of the unit to carry out the demolition.
Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
Eleventh demolition commissioned by the demolition, it shall issue a power of attorney to the entrusted demolition unit, and conclude a demolition entrustment contract. The demolisher shall, within 5 days from the date when the demolition entrustment contract is concluded, report the demolition entrustment contract to the house demolition management department for the record.
The entrusted demolition unit shall not transfer the demolition business.
Legal basis:
According to the relevant laws and regulations of our country, if the demolished person does not agree to the demolition, and the demolition department forces the demolition, if the demolished person refuses to accept the forced demolition, he can apply for administrative reconsideration or bring an administrative lawsuit.
regulations on the expropriation and compensation of houses on state owned land
Article 26 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unclear, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of this Ordinance, and make an announcement within the scope of house expropriation.
The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 25 of these Regulations.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 28 If the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the people's government at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.
The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house.
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