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Yes, if you have a redevelopment application, you can submit it to the planning department and they will tell you the specific procedure. If it is still on the original basis, it is relatively simple to not change the floor height and total area. If the scope, floor height and area will be changed, it is necessary to re-draw, review, record and measure by the housing management department.
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Whether the old houses in the urban area can be rebuilt after collapse depends on the specific situation.
If the house is dilapidated and legally owned, it can be rebuilt. However, an application for construction must be submitted to the competent urban planning department and approved. When applying, it is necessary to submit a construction plan with strict instructions on construction requirements, quality, safety, etc.
If the house is not dilapidated, redevelopment may be restricted. According to the provisions of the "Urban Management Regulations", in the urban planning area, if it is necessary to build, expand or reconstruct any buildings and structures, lay roads and pipelines, it is necessary to submit a construction application to the urban planning department.
In addition, if the house belongs to a rural homestead and the hukou has been moved out, then after the house collapses, the right to use the homestead will be lost and will need to be returned to the collective. If the house is still in use, you can apply for reconstruction. If the hukou is not moved out, the right to use the homestead still belongs to the residents of the rural hukou and can apply for reconstruction.
To sum up, whether the old houses in the urban area can be rebuilt needs to be judged on a case-by-case basis. It is advisable to consult the local town planning authority or a professional lawyer before applying for redevelopment.
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The right to use the homestead where the house on the homestead collapsed.
Cannot be confirmed. There is a distinction between the ownership of the homestead and the house, the homestead belongs to the rural collective organization, while the house on the homestead belongs to the peasants, if the house on the homestead collapses, then the house loses its due attributes, and the homestead will also be recovered by the rural collective organization.
Department of Land and Resources.
Article 52 of the Several Provisions on Determining Land Ownership and Use Rights clearly stipulates that the homestead that has not been restored for more than two years or the house has collapsed or been demolished for more than two years cannot determine the right to use, and the homestead that has been confirmed will be cancelled after the approval of the people at the county level, and the homestead will be recovered by the rural collective organization.
If the rural foundation collapsed within one year, the peasants need to rebuild the houses on the homestead before they can confirm the rights, but now many peasants have problems such as multiple houses in one household, and after the collapse of this type of peasants' surplus homesteads, their homestead use rights will be directly withdrawn.
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Legal analysis: Yes, it is necessary for the right holder of the homestead to apply to the village committee for the new construction of Chongyan Yin.
Legal basis: Land Management Law of the People's Republic of China Article 9 The land in urban areas belongs to the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.
Civil Code of the People's Republic of China
Article 365: Where the registered right to use homestead land is transferred or extinguished, the registration shall be changed or cancelled at the same time.
Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
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Legal analysis: First, if it is a dilapidated house that has been identified in accordance with the law and really needs to be rebuilt, the dilapidated house here refers to the housing with a risk level of C and D according to the "Housing Safety Appraisal" issued by the territorial housing safety appraisal agency established in accordance with the law;
second, the house is damaged or lost due to force majeure;
Third, it is in line with laws, regulations, rules, urban and rural regulations, and relevant technical standards and norms.
Legal basis: Civil Code of the People's Republic of China Article 362 The owner of the right to use the homestead land shall have the right to occupy and use the land owned by the collective in accordance with the law, and shall have the right to use the land to build residential buildings and ancillary facilities thereof in accordance with the law.
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Legal analysis: First, if it is a dilapidated house that has been identified in accordance with the law and really needs to be rebuilt, the dilapidated house here refers to the housing with a risk level of C and D according to the "Housing Safety Appraisal" issued by the housing safety appraisal agency of the territorial housing department established in accordance with the law;
second, the house is damaged or lost due to force majeure;
Third, it is in accordance with laws, regulations, rules, urban and rural planning and relevant technical standards and norms.
Legal basis: Article 360 of the Civil Code of the People's Republic of China Article 2 The owner of the right to use the homestead land shall have the right to occupy and use the land owned by the collective in accordance with the law, and shall have the right to use the land to build residential buildings and ancillary facilities in accordance with the law.
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I think it can be rebuilt, but there must be a certain budget for it, and there must be a certain plan for the rebuilt house.
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If the nature of the land use is a homestead, it can be rebuilt with the approval of the land. It cannot be rebuilt without homestead authority, or if the house has been rebuilt elsewhere.
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It can't be rebuilt now. Although it is its own homestead, it is still necessary to greet the village committee when it is built.
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