Practical Guide to Urban Housing Demolition

Author: Dang Bo / Bai Zhanfeng (Editor-in-Chief)
Publisher:
Publish Date: 2005-01-01
Features: In recent years, with the acceleration of urbanization in China and the continuous growth in housing demand among urban residents, the scope and total volume of urban housing demolition have reached unprecedented scales. To promptly address new situations and issues arising during the demolition process, the State Council revised the "Regulations on the Demolition of Urban Housing" implemented in 1991 in 2001. Subsequently, most provinces, autonomous regions, municipalities directly under the Central Government, and larger cities revised their local regulations concerning demolition based on this new regulation. To standardize administrative adjudication and demolition valuation practices in urban housing demolition, the Ministry of Housing and Urban-Rural Development issued the "Guidelines on Demolition Valuation of Urban Housing" and the "Working Procedures for Administrative Adjudication in Urban Housing Demolition" in December 2003, followed by the issuance of similar local regulations by various regions. The promulgation and implementation of these new laws and regulations have provided important references for ensuring the smooth implementation of demolition work, strengthening the administrative management of urban housing demolition, and properly resolving demolition disputes. To enable readers to stay updated and master these new regulations, we have made significant revisions to the practical aspects of demolition in this book, supplemented with typical cases, replaced most of the local regulations that have been revised, and selected local regulations recently enacted concerning administrative adjudication, demolition valuation, and other related matters. It should be noted that although all the typical cases are publicly available examples, some occurred before the implementation of the new regulations, and their handling was based on the original regulations or local regulations and rules. However, their judgments and analyses do not conflict with the new regulations. Additionally, to facilitate readers' reference, when arranging the order of local regulations and rules, we placed the municipalities directly under the Central Government at the beginning and generally arranged the provinces and autonomous regions according to their administrative divisions. However, due to differences in legislative situations across regions, some provinces and autonomous regions lack demolition regulations, while others have not yet compiled them because their current regulations are pending revision. Furthermore, the provinces, autonomous regions, and municipalities directly under the Central Government are arranged in the order of superior laws and subordinate laws, with regulations listed before rules.