New rules seek to end forced demolitions and relocations

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New rules seek to end forced demolitions and relocations, 新“拆迁条例”出台 “暴力拆迁”成为历史
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On 21 January the State Council promulgated the Expropriation of and Compensation For Expropriation of Houses on State-owned Land Regulations. They came into force on the date of enactment, with the original Urban Housing Demolition and Relocation Management Regulations being repealed on the same date.

The latest Regulations move towards greater protection of the interests of those whose property is expropriated. The new rules and changes in the following areas are especially worthy of attention.

Scope

The Regulations apply in situations where “housing on state-owned land belonging to units and individuals is expropriated in the public interest”. They are not applicable in cases of the expropriation of collective land and housing built on collective land or compensation for this. This is mainly regulated by the PRC Land Management Law.

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Business Law Digest is compiled with the assistance of Haiwen & Partners. The authors can be emailed at baochen@haiwen-law.com. Readers should not act on this information without seeking professional legal advice.

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