Simulated demolition is different from the traditional way of expropriation and compensation and resettlement of houses on state-owned land, and its main feature is to consult the house owner for relocation or renovation and sign a compensation agreement with effective conditions. Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, would like to talk to you about this topic.
Lawyer's interpretation
1. What is simulated demolition?
At present, there is no clear definition of simulated demolition, which is more reflected in the policy applied by local governments in shantytown reconstruction and old city renovation (mainly applied to shantytown reconstruction on state-owned land). But even policies need to comply with relevant legal procedures and legal steps.
Specifically, a reasonable contract period is set in the simulated relocation, and if the number of households that have signed the simulated relocation agreement reaches the specified proportion, the compensation agreement will take effect, and the district (city) and county government will make an expropriation decision, and the simulated relocation plan will be converted into an expropriation compensation plan, and the simulated relocation agreement will be converted into an expropriation compensation agreement;
2. Simulate the process of demolition
1. Issue a simulated demolition announcement. Before initiating the procedure, it is necessary to announce the heads of households involved in the simulated demolition, the implementation period, the scope of the demolition, and other relevant regulations.
2. Investigate the residents' desire for demolition. Conduct public opinion surveys by filling out the "Mock Demolition Solicitation Form" in a similar way, so that the government can better control the psychology of the people.
3. Publicize the results of public opinion polls.
4. Implement pre-assessment of housing prices. If the number of households agreed to be demolished and reconstructed reaches a certain proportion (e.g. 90%) or more in the area, it is necessary to start the assessment of the houses to be demolished and resettlement houses.
5. Publish the simulated demolition and resettlement plan.
6. Sign a mock demolition agreement.
7. Handle the procedures for demolition permits. If the number of households who have signed the mock demolition agreement reaches more than 85% of the total number of households in the area within the specified time limit, the party responsible for the specific implementation of the demolition and relocation needs to go through the demolition permit procedures and enter the substantive demolition process.
3. Characteristics and principles of simulated demolition
Compared with the traditional sense of demolition, there are still big loopholes in simulated demolition, which objectively changes the order of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, and has a practical impact on the rights of the expropriated persons such as the right to know, the right to supervise, and the right to participate.
Several principles and features in simulated relocation operations:
1. Only applicable to old city reconstruction and urban renewal projects;
2. The whole procedure was made earlier than the decision on housing expropriation, and was initiated without making a decision in accordance with the law;
3. Fully respect the wishes of the expropriated person, and decide whether to make an expropriation decision based on the principle of "the minority obeys the majority";
4. The announced simulated relocation compensation plan and simulated relocation compensation agreement have a great possibility to be transformed into a formal plan and agreement.
From this, several important conclusions can be drawn:
1. The possibility of simulated relocation "failing" is very small, and from a practical point of view, there are very few cases where the specified proportion cannot be reached;
2. In the simulated relocation, the "individual expropriated persons who have not signed the contract" will be objectively isolated and stand on the opposite side of the majority of the expropriated persons as almost "nail households";
3. Those who do not sign the contract will likely lose the policy reward on a daily basis, and the cumulative loss may range from tens of thousands to hundreds of thousands of yuan.
4. What should we pay attention to in view of simulated demolition?
It is to tell you that this signing is just a drill, if you don't agree, we will talk about it later. In fact, once the agreed relocation conditions are expropriated, the agreement you signed is valid, and it is not so easy to increase the compensation.
Most people have already signed the expropriation, and even if there is no land requisition approval and expropriation decision, the demolition can be carried out directly. This is wrong, whether you are simulated or real, but where you have to carry out the levy. Collective land needs to be approved for land acquisition, and state-owned land needs to have a decision to expropriate, otherwise it is illegal.
If you don't sign a contract, you must obey the majority, and the expropriator can demolish your house at any time. However, if the contract is not signed after the contract period, the expropriating party must make a decision on expropriation compensation or order the surrender of the land in accordance with the law. Compensation shall be made in accordance with the legal procedures, and an application to the people's court for judicial compulsory demolition, otherwise the demolition of the house in the name of the minority obeying the majority is an illegal compulsory demolition.
Don't follow others to sign a simulated demolition compensation agreement, be sure to read all the above content before signing, otherwise once the number of contracted households reaches the proportion specified by the local government, then the simulated demolition agreement will have legal effect, which will inevitably cause irreparable losses to yourself. The most important thing is, of course, to entrust a professional demolition lawyer to intervene in time!
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.