Can houses on collective land be forcibly demolished

Forced demolition of houses on collective land is allowed, but the demolition must meet the preconditions that the house violates the policy, and the demolition procedure must be legal. If the person being demolished does not apply for administrative reconsideration or initiates an administrative lawsuit within the statutory time limit, and does not relocate within the time limit specified in the compensation decision, the real estate bureau may make a ruling and apply to the people's court, and the people's court shall carry out the forced demolition.

[Legal basis].Article 26 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

If the housing expropriation department and the expropriated person fail to reach a compensation agreement within the time limit specified in the expropriation compensation plan, or the owner of the expropriated house is not clear, the housing expropriation department shall report to the people at the city and county level who made the housing expropriation decision in accordance with the provisions of these Regulations, make a compensation decision in accordance with the expropriation compensation plan, and make a public announcement within the scope of housing expropriation. Compensation decisions shall be fair, including matters related to compensation agreements as provided for in the first paragraph of article 25 of these Regulations. If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit in accordance with the law.

Article 65 of the Town and Country Planning Law.

If the rural construction planning permit is not obtained in accordance with the law in the township or village planning area or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or town people shall order the construction to be stopped and corrected within a time limit; If it is not corrected within the time limit, it may be dismantled.

Hello, no. Even if a compensation agreement is signed, if you want to relocate, you need to apply to the people's court, and it is illegal to demolish without the permission of the court.

Legal Analysis: Houses on rural collective land can be forcibly demolished. In the collective land expropriation involving the expropriation of houses on the collective land of farmers, all localities cannot carry out compulsory demolition, but should apply to the court for compulsory enforcement.

In addition to the scope of urban construction land determined in the overall land use plan, if the land is used for a construction project with a separate site, the land-using unit shall, in accordance with the regulations, handle the procedures for the expropriation of collective land.

Legal basis: Article 26 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China stipulates that the compensation fee for above-ground attachments and seedlings shall belong to the owner of the above-ground attachments and seedlings. The resettlement subsidy is the subsidy for the resettlement of the excess labor force caused by the land acquisition of the expropriated unit after the state expropriates the collective land.

Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person.

Hello, it is not allowed to be demolished illegally, in the demolition, you must apply to the people's court, and the demolition is illegal without application.

Legal analysis: In the expropriation of collective land involving the expropriation of houses on farmers' collective land, all localities shall not carry out compulsory demolition, but shall apply to the court for compulsory enforcement.

Legal basis: "Regulations on the Expropriation and Compensation of Houses on State-owned Land" Article 28 If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not relocate within the time limit specified in the compensation decision, the people's people at the city and county level who made the decision on housing expropriation shall apply to the people's court for compulsory enforcement in accordance with law. The application for compulsory enforcement shall be accompanied by materials such as the amount of compensation and the location and area of the special account storage, property right exchange housing and swing housing.