Can I get compensation for the self built houses built by residents?

1. Self-built houses approved by the urban construction department without permission cannot be compensated for demolition because there are no formal building procedures, and will be included in the scope of illegal buildings.

2. How rural residents apply for homestead land and house building procedures.

1) Conditions for rural residents to apply for homestead land.

Rural residents must meet the following conditions when applying for homesteads: first, rural residents must be at least 18 years old and meet the conditions for separation; Second, the construction of houses by rural residents must conform to the overall land use plan, the annual land use plan and the village and town construction plan; The third is the quota standard for rural residents to build houses, with the quota area for using the original homestead and vacant land in the village being 180 square meters, and the quota area for using agricultural land is 140 square meters; Fourth, rural residents must build houses with "one household and one foundation"; Fifth, rural villagers who are renting out and selling their original homestead land and then applying for homestead land will not be approved; Sixth, it is strictly forbidden for non-peasant households and other persons to purchase homestead land in the village.

2) The principles that should be followed by peasants in building houses.

Rural residents shall use the original homestead land and the vacant land in the village to build houses, those who can use inferior land shall not occupy good land, those who can occupy wasteland shall not occupy cultivated land, and those who use state-owned land must go through the formalities of transferring it.

3) The examination and approval procedures for peasants' applications for building houses and homestead land are new.

1. To build a house, rural villagers should first apply to the collective economic organization;

2. The village collective economic organization shall publicize the list of households applying for housing construction in a conspicuous place (more than 15 working days);

3. The Land and Resources Management Institute and the Town Social Affairs Office will conduct a preliminary examination on whether the applicant meets the conditions and whether the proposed land is in line with the plan;

4. After the expiration of the announcement period without objection, the land-using households that meet the conditions of "one household and one base" shall be reported to the township people for review and approval according to the regulations, and then submitted to the county people for approval (those who occupy agricultural land shall be reported to the city according to the regulations for the approval procedures for the conversion of agricultural land).

5. After the homestead is approved, the Land and Resources Institute and the town social affairs office will go to the site to approve the homestead and issue the site selection opinion, planning permit and construction permit ("one book and two certificates").

6. After the completion of the villagers' houses, the Land and Resources Institute shall inspect whether the land is used in accordance with the approved area and requirements, and issue collective land use certificates to the households that meet the requirements.

7. Villagers apply for house ownership certificates with land use certificates and planning permits.

Legal analysis: If it is a legal self-built house, that is, with a land certificate and a building permit, the demolition of the self-built house should be fully compensated. However, the specific compensation standard needs to be determined according to the local reality, the type and grade of the land and the structural depreciation of the house.

The aspects of general compensation include the following: compensation for the value of the expropriated house; compensation for relocation and temporary resettlement caused by the expropriation of houses; Compensation for the loss of production and business suspension caused by the expropriation of the house. The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

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

Article 17 The compensation given to the expropriated person by the municipal and county-level people's government that made the decision to expropriate the house includes:

1) Compensation for the value of the expropriated house;

2) Compensation for relocation and temporary resettlement caused by the expropriation of housing;

3) Compensation for the loss of production suspension and discontinuation caused by the expropriation of houses.

The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

Article 18 If the expropriated person meets the requirements for housing security, the people at the city and county level who make the decision to expropriate the housing shall give priority to housing security. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Legal Analysis: According to China's policy regulations, urban hukou is not allowed to build houses in rural areas.

If your father is also an urban resident, you will not be able to register your house now after you build it.

If your father went through the formalities of converting from urban to agricultural when he retired, he can now register the property in his name.

Legal basis: Article 43 of the Land Management Law of the People's Republic of China Any unit or individual who needs to use land for construction must apply for the use of state-owned land in accordance with the law.