How to compensate for the demolition of a small property right house, if there is no homeowner, pay

Compensation for the demolition of small property rights houses shall be based on the following standards.

There are two different situations in which compensation can be obtained after the demolition of a small property right house, and whether a small property right house can be compensated for demolition and resettlement during the demolition process.

First, the nature of a house with small property rights is that it is a house that has fulfilled the examination and approval procedures, but the collective economic organization has expanded the sales target without authorization in the process of relocating the collective residents. Since, according to the current laws and policies, non-members of the collective economic organization are not allowed to purchase houses built on collectively owned land, the contract of sale and purchase is null and void. In this case, it should first be determined that the ownership of the house in question belongs to the rural collective economic organization or to the homestead user, and the benefits of compensation for demolition and resettlement can only be enjoyed by the owner, i.e., the collective economic organization and its members.

Second, small property rights are illegal buildings. In this case, according to the second paragraph of Article 22 of the Regulations on the Administration of Urban Housing Demolition, "no compensation shall be paid for the demolition of illegal buildings and temporary buildings beyond the approved period".

How to compensate for the demolition of a small property right house.

There is no legal real estate registration certificate for small property rights, and if it involves demolition, the practice varies from place to place, so it is recommended to actively coordinate with the demolition person. If compensation is involved, because the community has given the house number and can move the household registration there, it is enough to prove the legal use of the house, and the right to claim compensation for resettlement, but whether the specific compensation includes the resettlement of a house depends on the nature of the land of the small property right house purchased. But no matter what, it is still the object of demolition and resettlement:

That is, the legal owner of the right to live in the house has the right to request the resettlement of the house, and at the same time, the relocation subsidy, decoration compensation, etc., can also be claimed. The specific compensation method should refer to the local compensation standard for demolition and relocation, and the signed demolition and resettlement agreement shall prevail.

The prohibition of transactions in small property rights does not mean that all buildings are illegal.

Legal property rights, guaranteed in accordance with the law, can continue to be used without trading.

There is a standard for compensation....It is recommended to take a look at the house demolition method issued by the local **....

Legal analysis: Whether there is compensation for the demolition of small property rights houses should be determined according to whether the ownership of the house is legal, and not all small property rights houses are illegal. If a member of a non-collective economic organization purchases a house with small property rights and obtains the approval of the Xiangsen Historical Unit of the collective organization, there will also be compensation at the time of demolition.

Legal basis: Land Management Law of the People's Republic of China Article 62 The land used for the failure of rural villages to conceal residential buildings shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law. Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.

The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences.

If the small property is demolished, it will lose money. The criteria are:

1. The owner of a house built on collective construction land shall go through the procedures for approval and demolition of slag and reeds in accordance with the law, which shall be legally owned. Those who are included in the scope of expropriation and demolition in accordance with law may receive compensation for demolition and relocation;

2. Houses that use land for collective enterprises or illegally occupy cultivated land are illegal constructions. No compensation will be given for the demolition of illegal buildings in accordance with regulations.

Rural homesteads are collectively owned, and villagers only enjoy the right to use homesteads. The sale of houses by farmers to urban residents is not recognized and protected by law, that is, they cannot go through legal procedures such as land use certificates, real estate certificates, and deed tax certificates. Therefore, small property rights cannot be transferred or ** to non-class members, only class members can be transferred or replaced.

1. Whether the agreement on the sale of small property rights has legal effect.

The agreement to sell a house with a small title has no legal effect. Small-property rights houses refer to houses built on rural collective land, and the land transfer fee and other related fees have not been paid. The title certificate is not issued by the state housing management department, but by the township ** or village **, so it is also called a township property right house.

Rural homesteads are collectively owned, and villagers only enjoy the right to use homesteads. The sale of farmers' houses to urban residents is not recognized and protected by law, that is, they cannot go through legal procedures such as land use certificates, real estate certificates, and jujube deed tax certificates.

2. Is the homestead house sale contract valid?

The validity of the contract for the sale and purchase of a house on a homestead depends on whether the purchaser is a member of a collective economic organization, and if so, the contract is valid, and vice versa.

According to China's laws, rural homesteads belong to collective ownership, and villagers only have the right to use homesteads, and peasants' sale of houses to urban residents cannot be recognized and protected by law, and they cannot go through legal procedures such as land use certificates, real estate certificates, and deed tax certificates. It can be seen that the house on the homestead cannot be transferred or ** to a third party who is not a member of the collective.

Therefore, if an urban resident buys a house on a homestead, the contract for the sale and purchase of the house on the homestead is invalid.

Legal analysis: There is no compensation for the demolition of small property rights, and since according to the current laws and policies, non-members of the collective economic organization are not allowed to purchase houses built on collectively owned land, so the sales contract is invalid. In this case, it should first be determined that the ownership of the house in question belongs to the rural collective economic organization or to the homestead user, and the benefits of compensation for demolition and resettlement can only be enjoyed by the owner, i.e., the collective economic organization and its members.

Legal basis: Land Management Law of the People's Republic of China Article 47 Where land is expropriated, compensation shall be given in accordance with the original use of the expropriated land. The compensation fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings.

The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation. The subsidy for the resettlement of cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled per mu is calculated by dividing the amount of cultivated land expropriated by the average amount of cultivated land occupied by the expropriated units before land acquisition.

The standard of resettlement subsidy for each agricultural population to be resettled shall be four to six times the average annual output value of the cultivated land in the three years preceding the expropriation. However, the resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years preceding the expropriation. The standards for land compensation and resettlement subsidies for the expropriation of other land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for the expropriation of cultivated land.

The compensation standards for attachments and seedlings on the expropriated land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

Vegetable land on the outskirts of the city, the land user shall pay for the development and construction of new vegetable land in accordance with the relevant provisions of the state. In accordance with the provisions of the second paragraph of this article, the payment of land compensation fees and resettlement subsidies cannot enable the peasants who need to be resettled to maintain their original living standards, and the resettlement subsidies may be increased with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government. However, the sum of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation.

According to the level of social and economic development, under special circumstances, the standard of land compensation and resettlement subsidy for the expropriation of cultivated land can be increased quickly.

Although the land occupied by small property rights houses is collective construction land, it has the characteristics of many commercial houses, so its demolition compensation should be coordinated in two aspects:

On the one hand, the overall compensation range should be calculated according to the market price and the location difference.

On the other hand, it is necessary to consider the incomplete payment of land transfer fees and related real estate taxes and fees, refer to the local farmers' residential demolition measures, and impose certain restrictions on the scope of compensation requests, and distribute certain items of the compensation for above-ground objects, relocation costs, location compensation, and land compensation to the owners of small property rights, and the remaining items to the farmers who sell the houses.

Legal basis: Article 48 of the Land Management Law? Fair and reasonable compensation shall be given for land expropriation, so as to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed.

Land expropriation shall, in accordance with the law, timely and full payment of land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange social security expenses for land-expropriated farmers.

The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years.

The compensation standards for expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Rural villagers' houses shall be compensated first and then relocated, and their living conditions improved, and the wishes of rural villagers shall be respected, and fair and reasonable compensation shall be given by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and lawful rights and interests in housing property.

Local people at or above the county level shall include land-expropriated farmers in the corresponding social security systems such as old-age pensions. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as pension insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security expenses for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Small-scale property rights are not protected by the law of leniency.

1. Generally, it is the local street office or the local **.

2. The state does not recognize small property rights, but the local ** or street Wang Congliang Road recognizes.

3. If there will be compensation for demolition, but not much, only the property owner has a small property right house, and the property right certificate has only one person's name, you are equivalent to renting the house, and the compensation is also compensated to the property owner, as for the compensation to you, Zheng Pai is the money given to you by the property owner.

4. The state does not recognize the local recognition.