What to do if the rural houses are built in excess of the area and will be forcibly demolished

1. Is it illegal to forcibly demolish houses built in rural areas that exceed the area?

1. Whether the oversized area of the rural house will be forcibly demolished depends on the specific situation

1) If the building has gone through the legal approval procedures, such as the relevant homestead use right certificate, planning permit, etc., and take the initiative to report to the approval authority and pay a certain fee for the situation that the area exceeds the standard, it will generally not be demolished;

2) If the concealment of the area exceeds the standard and is investigated and dealt with by the relevant departments, it will be regarded as an illegal building and may be forcibly demolished.

2. Legal basis: Article 2 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

For the needs of the public interest, the owner of the expropriated house shall be given fair compensation to the owner of the expropriated house, hereinafter referred to as the expropriated person, for the purpose of expropriating the houses of units and individuals on State-owned land.

2. What to do if the house is forcibly demolished.

1. If you encounter forced demolition, protect your own safety, and do not blindly use violence to stop it, which may endanger your own safety;

2. Call the police as soon as possible, report whether the police are out or not, and ask the police station to give a receipt;

3. Select a safe location to take photos and videos to collect evidence at the demolition site, collect evidence for later rights protection, and pay attention to recording the demolition commander;

4. After completing the above three tasks, consult a professional demolition lawyer as soon as possible to seek to protect your legal rights through legal channels.

Hello, it depends on the specific situation and the relevant local laws and regulations, and cannot be generalized. However, in principle, if part of the house is found to be an illegal building, it cannot be demolished directly, and it needs to be carried out in accordance with the procedures prescribed by law.

Rural areas with oversized housing areas have the right to be demolished.

The oversized area is an illegal house, and the local government has the right to forcibly demolish it, and will not give any compensation when demolishing.

Measures after the forced demolition of self-built houses in rural areas:

1. Call the police in a timely manner and urge the police to investigate the illegal forced demolition case. In the face of forced demolition, many parties are prone to get emotional and counter violence with violence, which leads to physical conflicts and even bloody cases. First, it is impossible to obtain the fundamental purpose of obtaining reasonable compensation that the parties want to achieve.

2. Photography and videography, fixing on-site evidence, and forcibly demolishing the scene are important evidence for the parties to protect their rights afterwards. Therefore, it is necessary to take photographs and videos of the demolition site as soon as possible to retain the strong evidence of the actual scene.

3. If the self-built house is forcibly demolished. Compensation of various types may be requested from the relevant units. Various types of compensation paid by the demolition and construction unit to the owner or user of the demolished house in accordance with the prescribed standards. <>

Legal analysis: If the house is forcibly demolished, you can call the police for protection, and if it is legally demolished by the administrative organ, you can file an administrative lawsuit.

Legal basis: Urban and Rural Planning Law of the People's Republic of China

Article 64 Failure to obtain a construction project planning permit or failure to carry out construction in accordance with the provisions of the construction project planning permit; The competent department of urban and rural planning of the local people's ** 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, the correction shall be made 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, the parties concerned do not stop the construction or do not demolish it 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.

According to the provisions of the current Land Management Law, rural homesteads shall follow the principle of "one house per household", and the area of homesteads shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government. However, due to various reasons, many families have problems such as "multiple houses per household" and over-occupying homestead land to build houses, which seriously affects the progress of land rights confirmation. To this end, in 2016, the Ministry of Land and Resources issued the Notice on Further Accelerating the Registration and Issuance of Certificates for the Confirmation of Ownership of Homesteads and Collective Construction Land.

1. The situation that the homestead can be confirmed if the area exceeds the area

1. Homesteads that have been approved to be occupied.

Where members of a peasant collective have been approved to build houses and occupy homestead land, they may be registered in accordance with the approved area.

2. Homesteads occupied before the implementation of the Regulations on the Administration of Land for Building in Villages and Towns.

For a long time, China's rural homesteads and houses were in a state of "no one cares". It was not until 1982 that the state promulgated the first "Regulations on the Management of Land for Building in Villages and Towns", which strengthened the management of "homesteads".

Therefore, before the implementation of the Regulations on the Administration of Land for Building in Villages and Towns, members of peasant collectives who built houses and occupied homestead land generally could confirm their rights according to the actual area. (If the scope of the occupied homestead land has not been expanded since the implementation of the "Regulations on the Administration of Land for Building in Villages and Towns", regardless of whether it exceeds the area standard prescribed by the local government thereafter, the right shall be confirmed and registered according to the actual area used.) )

3. From the implementation of the "Regulations on the Administration of Land for Building in Villages and Towns" to the implementation of the "Land Management Law" in 1987, the excess area shall be confirmed and registered according to the relevant provisions of the state and local governments.

2. The homestead cannot be confirmed beyond the area

After the implementation of the Land Management Law in 1987, only the standard area can be confirmed and registered, and the rights beyond the occupation cannot be confirmed. At this point, many friends have asked again, will the excess part of the uncertainty be removed? The current treatment is that excess area is indicated in the register and in the title certificate.

To sum up, the over-occupied area that can confirm the right is recognized, and it will naturally not be demolished; For areas that cannot be asserted, the current treatment is that the excess area will be noted in the register and the certificate of ownership, and will not be demolished. Of course, if the local policy stipulates otherwise, it should be dealt with in conjunction with the local policy.

It may not be demolished, but it may be fined, and the corresponding fine is different for the area of the house exceeded, if the total area of the house is seriously exceeded, not only will it be fined, but the excess area may also be recovered.

The current treatment is that the excess area will be indicated in the register and the title certificate, and will not be demolished for the time being!

It is not necessary to demolish, the state stipulates that there is no charge for more than 20 square meters or less, and the part exceeding 20 to 70 yuan will be charged 3 yuan per square meter per year, and the excess part, for every 50 square meters, will be charged an additional 3 yuan per square meter per year on the original standard.

If you don't want to demolish it, you have to pay a fine. It's more convenient, everything that can be solved with money is not a problem, and I am afraid that I will encounter a problem that can't even be solved with money.