Fortune Telling Collection - Comprehensive fortune-telling - Can the house outside the red line be demolished?
Can the house outside the red line be demolished?
1. Houses outside the red line cannot be demolished. According to the law, before applying for administrative compulsory demolition, the house demolition management department shall invite relevant management departments, representatives of the demolition parties and representatives with social credibility to hold a hearing on the basis, procedures and calculation basis of compensation and resettlement standards for administrative compulsory demolition. Housing demolition management department to apply for administrative compulsory demolition, must be discussed and decided by the collective leadership, can apply to the government for administrative compulsory demolition.
2. Legal basis: Article 19 of the Administrative Regulations on Urban House Demolition.
If the demolisher fails to provide compensation funds for demolition or resettlement houses and turnover houses that meet the national quality and safety standards according to the ruling, the compulsory demolition shall not be implemented.
Article 17
If the demolished person or the lessee fails to move within the relocation period stipulated in the ruling, the municipal or county people's government shall instruct the relevant departments to implement administrative compulsory demolition, or the house demolition management department shall apply to the people's court for compulsory demolition according to law.
Article 18
Before applying for compulsory administrative demolition, the administrative department of house demolition shall invite relevant administrative departments, representatives of the demolition parties and representatives with social credibility to hold a hearing on the basis, procedures and calculation basis of compensation and resettlement standards for compulsory administrative demolition.
Housing demolition management department to apply for administrative compulsory demolition, must be discussed and decided by the collective leadership, can apply to the government for administrative compulsory demolition. Without an administrative ruling, administrative compulsory demolition shall not be carried out.
Second, how to solve the disputes encountered in the demolition?
1. Upon the application of the parties, the house demolition management department of the local people's government at or above the county level may make an administrative ruling. Housing demolition management department is the demolition, ruled by the people's government at the same level;
2. According to the law, if the party concerned refuses to accept the ruling, he may apply for administrative reconsideration to the people's government at the same level of the house demolition management department that made the ruling within 60 days from the date of receiving the ruling. You can also bring a suit in a people's court within 3 months from the date of receiving the award;
3. Forced demolition. If the demolished person or lessee refuses to implement the ruling of the house demolition management department and fails to move within the relocation period stipulated in the ruling, compulsory demolition may be carried out according to law, and the people's government of the city or county where the house is located shall instruct the relevant departments to implement it, or the house demolition management department shall apply to the people's court for execution.
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