Is there compensation for the demolition of illegal houses in rural areas, and is there compensation

There is compensation for the demolition of illegal houses in rural areas, and no compensation will be given for those found to be illegal buildings.

According to Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, the people at the municipal and county levels and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and deal with the construction in violation of urban and rural planning in accordance with the law.

Before the people at the municipal and county levels make a decision on housing expropriation, they shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law. Compensation shall be given to those identified as legal buildings and temporary structures that have not exceeded the approved period; No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period.

Legal Analysis: No compensation for the forced demolition of illegal houses in rural areas. After the competent department of urban and rural planning makes a decision to order the construction to be stopped or demolished within a time limit, if the party concerned does not stop the construction or does not demolish it within the time limit, it can be directly compulsorily demolished and no compensation is required.

Legal basis: Article 65 of the "Urban and Rural Planning Law of the People's Republic of China" in the township or village planning area has not obtained a rural construction planning permit in accordance with the law or has not been constructed 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.

Article 66 If a construction unit or individual commits any of the following acts, the competent department of urban and rural planning of the city or county shall order it to be demolished within a time limit, and may be fined not more than one time the cost of the temporary construction project: (A) without approval for temporary construction; (2) Failure to carry out temporary construction in accordance with the approved content; (3) Temporary buildings or structures are not demolished beyond the approved time limit.

Legal analysis: The demolition of illegal buildings is in accordance with the law and no compensation is required. Article 40 of the Urban and Rural Planning Law of the People's Republic of China shall apply for a construction project planning permit to the urban and rural planning department of Jingye City and County or the town of the town determined by the people of the province, autonomous region or municipality directly under the Central Government.

Legal basis: Article 40 of the Urban and Rural Planning Law of the People's Republic of China Where buildings, structures, roads, pipelines and other projects are constructed in the urban or town planning area, the construction unit or individual shall apply to the urban and rural planning department of the city or county or the town of the province, autonomous region or municipality directly under the Central Government for a construction project planning permit.

Article 64 of the Urban and Rural Planning Law of the People's Republic of China has not obtained a construction project planning permit or has not been constructed in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, it shall be corrected within a time limit and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently. Article 68 After the competent department of urban and rural planning makes a decision to order the construction to be stopped or demolished within a time limit, if the parties do not stop the construction or do not dismantle within the time limit, the local people at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing the construction site and compulsory demolition.

The premise of illegal construction must be that Qi Zhan has not obtained a construction project planning permit or has not carried out construction in accordance with the provisions of the construction project planning permit, and the construction project planning permit is the key.

The procedures are generally (1) investigation and inquiry, on-site inspection, (2) order to stop the illegal act, (3) notification of administrative punishment power, (4) make an administrative penalty decision, and (5) enforcement.

If it is indeed an illegal building, one can apply to the people's court for compulsory enforcement, and the other is that the people at or above the county level shall instruct the relevant departments to compel demolition.

Legal Analysis: Illegal construction of houses in rural areas refers to houses built on rural land without the construction planning permit and construction project planning permit obtained through legal procedures, which are illegal houses.

Legal basis: "Regulations on the Administration of Urban Housing Demolition" Article 22 Demolition of illegal foundations and temporary buildings beyond the approval period shall not be compensated; Demolition of temporary structures that have not exceeded the approved time limit shall be compensated for the appropriate replacement.

1. How to compensate for the demolition and relocation of illegal construction parties in rural areas.

A method of determining compensation for illegally built houses according to the time of construction of the house. If the houses built are old, there are no strict property rights regulations at that time, and most of them are houses with a paper contract or oral agreement, and some cities can get full compensation according to the compensation standards of each locality. However, if the time of construction of the illegal building is relatively close, the compensation cannot be fully compensated, and it depends on the implementation measures of various localities.

If a house is maliciously constructed at the beginning of the project in order to obtain compensation, it is not eligible for compensation. Although the illegal building does not have a real estate certificate, it will also consider the loss of the person who built the house and give a certain compensation, which is different from the normal compensation method.

2. Which houses belong to illegal construction.

1. Buildings built without applying for disturbance or without approval, and without obtaining a planning permit for construction land and a planning permit for construction projects. For example, you can build your own warehouse in a common space between residential buildings.

2. Buildings built without authorization by changing the provisions of the planning permit for construction projects. For example, a hotel was originally designed to have 40 floors, but the developer decided to make it 45 floors.

3. Buildings built without authorization that have changed the nature of use. For example, a hospital applies to build a 7-storey inpatient department, but it will be a 7-storey building for employees' families.

4. Setting up temporary buildings as permanent buildings without authorization. For example, the property company said that it had built a house for the workers to repair the house, but later converted it into a small supermarket.

3. What are the conditions for the forced demolition of illegal houses in rural areas?

Buildings that are conducive to agricultural development do not need to be demolished.

Houses that meet the national standards under the conditions stipulated by the state, such as those that the state stipulates that such rural households can enjoy the policy of multiple houses per household, the houses of rural households in this situation can be retained.

The conditions of the peasant households are indeed poor, and only this one house, and although this house is classified as an illegal building and needs to be demolished, as long as the area of the peasant household's house is not large and meets the area index of poor housing, this illegal house will be retained and does not need to be demolished.

As long as the courtyards and sheds built by farmers on their homesteads, as long as the location of the buildings does not exceed the scope of the use of their homesteads, they are regarded as legal buildings and cannot be demolished.

The state encourages the industrial development of rural areas, so some of the three-no factories established in rural areas, that is, warehouses without relevant land certificates or other certificates, can be postponed, and the person in charge of the factory can go to the relevant departments to complete the corresponding procedures during this period, and the factory can be exempted from demolition and can continue to be used.