Can self built houses in rural areas be compensated for demolition without real estate certificates?

Legal analysis: Yes, there is also compensation for the demolition of self-built houses without property certificates, and the expropriation of houses without property ownership certificates belongs to buildings with unclear property rights and needs to determine whether the house is legal, and two procedures need to be added to this kind of housing expropriation, one is to apply for property rights to the house by the person who claims the property rights of the house, if there is a false legal responsibility, and then the expropriator is at the expropriation site and related ** publicity for 60 days, and no one else claims the property rights of the house can be identified as the property owner, and the second is that the property owner can be identified by planning, land, The three departments of housing and urban-rural development jointly determine whether the house is an illegal building, and if it is determined to be a legal building, the house can be measured and assessed to calculate the amount of compensation.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land Article 2 For the needs of the public interest, the expropriation of the houses of units and individuals on State-owned land shall give fair compensation to the owners of the expropriated houses.

Paragraph 2 of Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, 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. If a self-built house in a rural area has not been approved and the relevant procedures have not been obtained, strictly speaking, it is an illegal building, and there is no compensation for such a house when it is demolished, and even if there is, it is only to give money for the materials for the construction of the house itself.

Of course, for old houses, even if the relevant procedures have not been obtained, they cannot be demolished according to the illegal construction without compensation. If you built your own house earlier, generally before the implementation of the Urban Planning Law of the People's Republic of China on April 1, 1990, the house should be carried out according to the legal construction compensation standard. The key is to keep the loan bills, invoices of the construction party, receipts for purchasing materials, etc., to prove the construction time, construction scale, unit approval, etc.

If these materials are available, even if the self-built house has not gone through the formalities, it is equivalent to legal construction. Is it true that rural demolition will be subsidized by 40 square meters per person? Hello lawyer Wandian, it is like this, we are rural reconstruction and demolition, the demolition party said that each person has a living area of 40 square meters, our family of two is not still at present, the house area is more than 100 square meters, if we make up for 40 square meters per person, wouldn't it be a great loss?

Many rural friends are very puzzled, why sometimes the demolition is made up according to the area, sometimes according to the number of people, there is no unified standard. In fact, the policies of each local government are different, and there is no specific compensation standard for rural demolition, and the specific compensation depends on the expropriation policy issued by the local government. However, no matter how compensation is made, it is necessary to ensure that the living standards of the peasants are not reduced and that their long-term livelihoods are guaranteed.

As mentioned to the above-mentioned farmers, if they have a family of three and the area of the house itself is 100 square meters, and the compensation is 40 square meters per person at the time of demolition, then they can compensate their own family with 120 square meters, so as to improve the living standard and meet the basic conditions. However, if the area of the house of three itself is 150 square meters or more, and the compensation is 40 square meters per person according to the capitation, and the final compensation is 120 square meters, which will obviously reduce their living standards, this compensation method is not advisable, at this time the people need to take legal rights protection, and require compensation according to the actual area.

Legal analysis: self-built houses without property certificates are also compensated, no real estate certificate of the house expropriation belongs to the property rights are unclear and need to determine whether the house is legal construction, this kind of housing expropriation needs to add two procedures, by the person who claims the property rights of the house to apply for the property rights of the house, if there is false legal responsibility, and then the expropriator at the expropriation site and related ** publicity for 60 days, no one else claims the property rights of the house can be identified as the property owner.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 6 For the needs of the public interest, the State may expropriate the houses of units and individuals on State-owned land, and give compensation for demolition and relocation in accordance with the law, so as to safeguard the legitimate rights and interests of the expropriated; Where an individual's residence is expropriated, the living conditions of the expropriated person shall also be guaranteed. The specific measures are stipulated by ***.

Legal analysis: Yes, the demolition of self-built houses without property certificates is also compensated, and the expropriation of houses without property ownership certificates belongs to the property rights of unclear and need to determine whether the house is legal and rough source of the building, this kind of housing expropriation needs to add two procedures, one is to apply for the property right of the house to claim that the house has the right to crack the stool, if there is false legal responsibility, and then the expropriator at the expropriation site and related ** publicity for 60 days, no one else claims the property rights of the house can be identified as the property owner, the second is, by the planning, land, The three departments of housing and urban-rural development jointly determine whether the house is an illegal building, and if it is determined to be a legal building, the house can be measured and assessed to calculate the amount of compensation.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land Article 2 For the needs of the public interest, the expropriation of houses on State-owned land shall be fairly compensated to the owners of the expropriated houses.

Legal analysis: Yes, the demolition of self-built houses without property certificates is also compensated, and the expropriation of houses without property ownership certificates belongs to buildings with unclear property rights and needs to determine whether the house is legal, and this kind of housing expropriation needs to add two blank procedures, one is to apply for property rights to the house by the person who claims the property rights of the house, if there is a false legal responsibility, and then the expropriator is at the expropriation site and related ** publicity for 60 days, no one else claims the property rights of the house can be done to identify the property owner, and the second is that by the planning, land, The three departments of housing and urban-rural development jointly determine whether the house is an illegal building, and if it is determined to be a legal building, the house can be measured and assessed to calculate the amount of compensation.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land Article 2 For the needs of the public interest, the expropriation of the houses of units and individuals on State-owned land shall give fair compensation to the owners of the expropriated houses.

For houses without property ownership certificates, whether compensation for demolition can be obtained should be determined on a case-by-case basis:

1. If there is no real estate certificate in the countryside, the farmer's self-built house is generally on the homestead allocated to his own family, as long as the collective organization can provide the corresponding certificate to prove that the homestead and the house belong, even if there is no real estate certificate, you can get compensation for demolition. At the same time, 2008 is a key timeline, and self-built houses before 2008 can generally receive full compensation for demolition without a real estate certificate.

2. Illegal buildings cannot be approved because they do not conform to urban planning. At this time, such non-titleless houses are not protected, so the parties cannot receive compensation for demolition at the time of demolition.

3. If the property ownership certificate is not obtained because the house has not been registered, the property owner of the house is still the seller, and the buyer cannot get the compensation for demolition. The buyer may require the seller to complete the transfer of ownership of the house as soon as possible before the demolition, or the buyer has the right to claim the termination of the contract and require the seller to bear the liability for breach of contract.

[Legal basis].Regulations on the Expropriation and Compensation of Houses on State-owned Land

24th municipal and county-level people's ** and their relevant departments shall, in accordance with the law, strengthen the supervision and management of construction activities, in violation of urban and rural planning for construction, shall be dealt with in accordance with 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; For those that are found to be illegal constructions and temporary constructions that exceed the approved period, compensation shall be made without making noise.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Hello, if it is caused by historical problems, there is generally compensation for demolition.