What is a Demolition Permit?

It is an administrative compulsory license with a clear time limit approved by the administrative agency based on the documents and materials submitted by the demolisher before implementation. Without this permission, the demolisher shall not carry out the demolishing procedure. Demolition is a civil legal act in which the demolisher demolishes the building in accordance with the law, relocates the user of the demolished building, and provides economic compensation to the owner of the demolished building.

Demolition permit

Yes

Public housing is subject to the nature of use indicated in the lease contract and the business license issued by the administrative department of industry and commerce

Private house is subject to the business license issued by the administration of industry and commerce

Whether the house demolition activities are legal involves the inspection of the other party's content. Among these contents, the demolition permit is a very intuitive and critical content. If the demolition permit is illegal, the demolition activities are illegal and should be suspended, and the compensation and resettlement agreement already signed can also be considered invalid. It can be said that the whole body is affected. According to the common points extracted from many cases, the three types of illegal points often found in demolition permits are as follows:

First of all, the house demolition management department does not conduct strict inspections on the basis materials for issuing demolition permits. If the developer or other unit wants to become a legal demolition person, they must apply for a house demolition permit and ask the house demolition management department of the people's government at or above the county level. Submit the following five materials: Construction project approval document; Construction land planning permit; State-owned land use right approval document; Demolition plan and demolition plan; Demolition compensation and resettlement fund certificate issued by financial institutions handling deposit business. The house demolition management department should strictly review these materials, and the house demolition permit can only be issued if all five materials are available and true. However, the reality is that some local governments have opened doors for developers for certain economic benefits, so that developers with incomplete materials or even without any materials can easily obtain demolition permits. It is conceivable that such a demolition permit is illegal.

Secondly, the subject and object of the demolition permit is improper. According to the law, the subject of the demolition permit should be the house demolition management department of the people's government at or above the county level, which generally includes the Urban and Rural Construction Bureau, the Housing Administration, and the government. The house demolition management office of the State Council and the house demolition management office under the Construction Bureau are of four types. However, in practice, there are often district-level government departments that issue demolition permits, which constitutes a violation of the issuing body. Another illegal situation corresponding to the issue subject is improper issue. The holder of the demolition permit, that is, the demolisher, should be the unit that has the project permit, planning permit, and land use permit. In practice, it is not uncommon for a subject that has a project permit, a planning permit, and a land use right permit in the same construction project to be inconsistent with the subject indicated on the house demolition permit. This phenomenon has a certain social impact in China. Background, but it violates the demolition permit system ^[2] .

In addition, the contents of the house demolition permit are wrong. The content recorded in the demolition permit itself is relatively simple, including only the demolition person, the demolition project, the area to be demolished, the number of items, and the demolition period. However, in practice, the various items of the house demolition permit are not filled in properly, and even the area is unknown or four to unclear. In this case, on the one hand, it can be considered whether it is a work error of the house demolition management department; on the other hand, it can be considered as one of the realization of administrative illegality of the demolition project, and more illegal points can be found from this.