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. The development of a city is a process of continuous reconstruction. With the smooth implementation of China's economic system reform and the gradual establishment of a socialist market economy, productivity has developed unprecedentedly. For the overall planning of the city, and sometimes for the needs of national special projects, it is necessary to demolish the original buildings in order to achieve overall unity or rational use of increasingly tense state-owned land resources.

What should I do if someone else signs for compensation during house demolition?

The compensation for demolition shall be collected by the obligee, and no one else has the right to receive it. If the demolition party gives your compensation to others and is not protected by law, the parties can continue to claim; If the other party is qualified to accept, you need to negotiate with him internally.

Relevant laws and regulations

According to the Regulations on Expropriation and Compensation of Houses on State-owned Land:

Seventeenth people's governments at the city and county level that have made the decision on house expropriation shall pay compensation to the expropriated person, including:

(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.

Nineteenth the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method.

If there is any objection to the value of the expropriated house determined by the assessment, it may apply to the real estate price assessment agency for review and assessment. If there is any objection to the review results, you may apply to the real estate price evaluation expert Committee for appraisal.

Measures for the assessment of housing expropriation shall be formulated by the competent department of housing and urban construction in the State Council, and opinions shall be solicited from the public during the formulation process.

Twentieth real estate price assessment agencies are selected by the expropriated person through consultation;

If negotiation fails, it shall be determined by majority decision and random selection, and the specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and no unit or individual may interfere.

Twenty-first expropriated people can choose monetary compensation, but also choose the exchange of housing property rights.

If the expropriated person chooses to exchange property rights, the people's government at the city or county level shall provide houses with property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the houses with property rights exchange with the expropriated person.

Because of the expropriation of individual houses in the old city, if the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, the people's government at the city or county level that made the decision on house expropriation shall provide the houses in the reconstruction area or nearby areas.

Twenty-second relocation caused by the expropriation of houses, the house expropriation department shall pay the relocation fee to the expropriated person;

If the house property right exchange is selected, before the house property right exchange is delivered, the house expropriation department shall pay the temporary resettlement fee to the expropriated person or provide the revolving house.

Twenty-third compensation for losses caused by the expropriation of houses shall be determined according to the benefits before the expropriation of houses and the period of suspension of production and business. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Article 25 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Regulations, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house used for property right exchange, relocation expenses, temporary resettlement expenses or turnover of the house, loss of production or business suspension, relocation period, transition mode and transition period.

After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.

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 unknown, 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.

Twenty-seventh the implementation of housing expropriation should be compensated first, and then moved.

After the people's government at the city or county level that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision.

No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.

Second, how to terminate or change the demolition agreement

The demolition compensation agreement may be revoked or changed under any of the following circumstances:

1, major misunderstanding;

2. Obviously unfair;

3. The injured party has the right to request the people's court or arbitration institution to modify or cancel the contract concluded by one party in violation of its true meaning by means of fraud or coercion or taking advantage of the danger of others.

Third, how is the demolition agreement invalid?

The following circumstances may be applied to request the court to confirm that the agreement is invalid:

1, illegal.

2. The main parties to this agreement are not legal demolition subjects. (such as demolition headquarters, no entrusted subject, etc. )

3. The agent proposes to sign the demolition agreement beyond the agency authority or without the agency authority.

4. The agreement signed by the demolished person is a person without civil capacity.

5. The demolition agreement signed by one party to the demolition to make the other party violate the true meaning by means of fraud or coercion.

6. The demolisher and the demolished collude with each other to cover up the illegal purpose in a legal form and conclude a demolition agreement.

7, the legal person or other organization as a demolition, demolition behavior did not handle the relevant demolition procedures.