Can dilapidated houses in rural areas be forcibly demolished, and should dilapidated houses in rural

1.Dilapidated houses in rural areas cannot be forcibly demolished, and the demolition can only be carried out with the consent of the person concerned.

2.Where illegal buildings, structures, facilities, and so forth need to be compulsorily demolished, the administrative organ shall make a public announcement, and the parties concerned shall demolish them within a set period of time.

3.Where a party does not apply for administrative reconsideration or initiate an administrative lawsuit within the statutory time limit, and does not demolish it, the administrative organ may compel the demolition in accordance with law.

Hello, no, it must be carried out in accordance with legal procedures, otherwise the demolition is illegal.

According to the relevant regulations, if a house is identified as dangerous, the owner of the house must strengthen or repair it in a timely manner in accordance with the handling recommendations of the appraisal agency; If the owner of the house refuses to repair and manage in accordance with the treatment recommendations, or the user has obstructive behavior, the real estate administrative department has the right to designate the relevant departments to repair on behalf of the relevant departments, or take other compulsory measures. The expenses incurred shall be borne by the person responsible.

Therefore, dilapidated houses do not have to be demolished. Forced demolition should have strict procedural restrictions, because dilapidated houses are not illegally built, so administrative forced demolition cannot be allowed, so it can only be judicial forced demolition.

Legal basis: Article 2 of the "Provisions on the Administration of Urban Dangerous Housing" These provisions apply to houses of various ownership systems in cities (referring to municipalities directly under the Central Government, cities, and organized towns, the same below).

The term "dangerous house" in these provisions refers to a house that has been seriously damaged or the load-bearing components are already dangerous components, and may lose structural stability and bearing capacity at any time, and cannot guarantee the safety of living and use.

Hello, whether it is a rural house or a house on state-owned land, no unit or person can carry out compulsory demolition of the house, otherwise the demolition is illegal.

Legal forced demolition should follow legal procedures. If the house of the person being demolished is legally and compulsorily demolished, an objection can be raised in accordance with the relevant procedures of the Civil Procedure Law, and the court will review or ** the objection and finally make a judgment. The general ways to protect rights in illegal forced demolition are as follows:

1. In the face of the threat of illegal infringement, formally submit a request for protection to the local public security organ in writing and submit a receipt. 2. Immediately call the police for help when you are infringed. 3. After being infringed, it is required to file a case for investigation and investigate the criminal responsibility of the infringer.

4. Submit an administrative reconsideration or administrative lawsuit for administrative inaction to the court at an appropriate time.

Administrative Litigation Law

Article 11: Where item (5) of paragraph 1 applies to an administrative organ to perform its legally-prescribed duties to protect personal rights or property rights, and the administrative organ refuses to perform or does not respond, citizens, legal persons, and other organizations may initiate litigation if they are not satisfied with the specific administrative act, and the people's court shall accept it.

No. The demolition party shall negotiate and sign the "Demolition Compensation and Resettlement Agreement" with the person being demolished, and the two parties fail to reach a compensation and resettlement agreement.

1. Is there a subsidy for the dilapidated houses in rural areas that have been uninhabited for a long time and will be forcibly demolished?

According to the provisions of the relevant laws of our country, when demolishing and rebuilding dilapidated houses in rural areas, the demolished persons are provided with a certain amount of economic compensation, and the compensation can be in the form of re-arranging the homestead land to build houses, providing resettlement houses, or monetary compensation.

2. Relevant legal provisions.

Land Management Law of the People's Republic of China

Article 48 Fair and reasonable compensation shall be given for land expropriation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed.

Land expropriation shall, in accordance with the law, timely and full payment of land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange social security expenses for land-expropriated farmers.

The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years.

The compensation standards for expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Rural villagers' houses shall be compensated first and then relocated, and their living conditions improved, and the wishes of rural villagers shall be respected, and fair and reasonable compensation shall be given by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and lawful rights and interests in housing property.

Local people at or above the county level shall include land-expropriated farmers in the corresponding social security systems such as old-age pensions. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as pension insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security expenses for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Hello, it depends on the specific situation, if the house is indeed no longer inhabitable, then once it is identified as C or D, then it may be demolished and rebuilt, and the specific situation should be determined in combination with the actual situation.