The difference between requisition and demolition:
1, with different purposes.
Land expropriation is the demolition carried out by the state for the needs of public interests;
Demolition is mostly for commercial purposes or non-public interests.
2. The compensation principles of relocation and demolition are different.
The principle of land requisition compensation is reasonable and appropriate;
The principle of compensation for demolition should be sufficient and reasonable.
3. The subjects of expropriation and demolition are different.
The main body of expropriation must be the government, and the people's governments at the city and county levels, such as township governments, are not qualified to issue expropriation decisions, and neither is Beijing, a municipality directly under the central government at the provincial administrative level;
Demolition refers to the legal act that the unit that has obtained the demolition permit demolishes the houses and their appendages within the scope of construction land according to the requirements of urban construction planning and the land use documents approved by the government, resettles the units and residents within the scope, and compensates their losses.
4. The process of requisition and relocation is different.
Land requisition and demolition is to sign an agreement on compensation and resettlement of demolished houses with the demolished people in accordance with the prescribed process of land requisition and housing compensation system. The contents of the compensation and resettlement agreement shall be subject to the compensation scheme for the land-expropriated houses publicized; The demolished person cannot refuse to sign the agreement, otherwise the relevant units can apply for a government ruling to hand over the land and make compulsory compensation; Agreed demolition refers to the house demolition carried out by the relevant departments after soliciting the will of the demolished without obtaining the approval of land acquisition; The contents of the compensation and resettlement agreement shall be agreed by the relevant departments and the people to be taken. If the demolished person does not sign the compensation and resettlement agreement, the relevant departments cannot forcibly demolish the house.
5. Expropriation and demolition have different legal effects.
Land expropriation is the expropriation of land;
Demolition is the demolition of houses and other buildings on the land.
6. Expropriation and demolition have different legal effects.
Expropriation and relocation are generally announced by the local government after consultation. In other words, expropriation and relocation are mandatory and citizens should cooperate.
Demolition is mainly determined by both parties through consultation;
7. The applicable law is different.
Land requisition for national construction shall be governed by the provisions of the Land Administration Law and its supporting regulations on land requisition for national construction;
The provisions of the Regulations on Urban Housing Demolition shall apply to urban housing demolition.
8. The legal consequences are different.
The legal consequence of land requisition for national construction is to eliminate rural collective land ownership;
The legal consequence of urban house demolition is the elimination of the ownership of the demolished house and the reciprocal adjustment or exchange of property rights.
"Regulations on the Expropriation and Compensation of Houses on State-owned Land" Article 17 The compensation given to the expropriated person by the people's government at the city or county level that made the decision on house expropriation includes:
(1) Compensation for the value of the expropriated house;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(3) Compensation for losses caused by expropriation of houses.
The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.
Article 61 Where the Urban Real Estate Management Law obtains the land use right by means of transfer or allocation, it shall apply to the land management department of the local people's government at or above the county level for registration. After verification by the land administration department of the local people's government at or above the county level, the land use right certificate shall be issued by the people's government at the same level.
If a house is built on the land for real estate development obtained according to law, it shall apply to the real estate management department of the local people's government at or above the county level for registration with the certificate of land use right, and the real estate management department of the local people's government at or above the county level shall verify and issue the certificate of ownership of the house.
When real estate is transferred or changed, it shall apply to the real estate management department of the local people's government at or above the county level for registration of change of real estate, and apply to the land management department of the people's government at the same level for registration of change of land use right on the basis of the changed house ownership certificate. After verification by the land administration department of the people's government at the same level, the land use right certificate shall be replaced or changed by the people's government at the same level.
If it is otherwise provided by law, it shall be handled in accordance with the provisions of relevant laws.
"Regulations on the Expropriation and Compensation of Houses on State-owned Land" Article 29 The house expropriation department shall establish the archives of house expropriation compensation according to law, and announce the household compensation to the expropriated person within the scope of house expropriation.
Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.
Second, what should I do if there is a demolition dispute in the house I bought?
Administrative reconsideration first, then prosecution.
Demolition and demolition or demolition, demolition and housing tenant can not reach the demolition compensation and resettlement agreement, apply to the parties, and the demolition management department at the same level will decide first. Only after the administrative ruling, if the parties are still dissatisfied, can administrative proceedings be brought. Administrative adjudication is the pre-procedure of administrative litigation. If a lawsuit is brought to the people's court only on issues such as housing compensation and resettlement, the people's court shall accept it as a civil case without a ruling by the administrative organ.
Legal basis:
Article 13 of the Regulations on Expropriation and Compensation of Houses on State-owned Land
After the people's government at the city or county level makes a decision on house expropriation, it shall make an announcement in time. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters.
City and county people's governments and housing levy departments should do a good job in the publicity and explanation of housing levy and compensation.
If houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time.
Article 14 of the Regulations on Expropriation and Compensation of Houses on State-owned Land
If the expropriated person refuses to accept the house expropriation decision made by the people's government at the city or county level, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Third, how to deal with the demolition dispute?
It can be resolved through administrative adjudication or litigation.
In case of demolition disputes, you can apply to the demolition management department at the same level for a ruling. If the parties are still dissatisfied after the ruling, they can bring a lawsuit to the court. In view of different reasons, if the demolished person is the plaintiff, he can take prosecution measures and use legal weapons to safeguard his legitimate rights and interests; As the plaintiff, the demolisher may apply to the people's court for prior execution or compulsory execution according to law.
Legal basis:
Article 15 of the Regulations on the Administration of Urban House Demolition
After the conclusion of the demolition compensation and resettlement agreement, if the demolished person or lessee refuses to move within the relocation period, the demolished person may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law.