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You don't need to dismantle it, but you have to take care of it!
In fact, the homestead or the area of the house in the countryside should not be very low. Because most of the rural areas have now been clearly promulgated, and this policy has been talked about in the future, in fact, there will be no problem if you do not exceed this overall area.
Your house may be huge
Why is your house so big? The main reason is that the area of a homestead in our rural areas is at least two or three hundred square meters if calculated on average. So if you build a house that exceeds two or three hundred square meters, and then exceeds dozens of square meters, you will definitely need to pay all kinds of fees.
So first see if you are beyond the standard area, the standard area, how to check it? Check with your local authorities. Take a look at how big the local standard area is, for example, 360 square meters on our side is a standard homestead area for one household.
Then there are many places, for example, Shandong's may be 250 square meters. Well, so in response to this problem, let's see if the overall area of some houses under our household registration adds up to this area.
Policies vary from place to place.
In the case that the policies of each place are different, there may be places that need to pay a certain fee and pay a certain fine. In some places, this is not the case, after all, when you apply, if there are already clear regulations, then there may not be much problem with this problem.
Therefore, in view of the fact that local policies are different in different places, we think we should consult the actual situation in the local area to see how the local government deals with this problem.
At present, there are no over-standard demolitions.
I don't know, many people say that if they go beyond it, they will be demolished, and I don't know what kind of psychology or attitude he is based on to face this problem. We've seen so much of the actual situation in the areas of the city and county. If the construction exceeds the standard, it will be demolished and demolished.
Only those illegal buildings occupy the building, and those buildings that have not been applied for are illegal buildings, and the buildings will be demolished.
So for this problem, we don't want to intimidate everyone in terms of language, or bring some unpleasant experience to everyone. In fact, there is no such problem on our side, and there has been a problem of being demolished. Basically, even if it exceeds the regulations, then at most you can still handle this document by paying a certain fine.
Of course, as for the issue of policy, we think that because each place has a special nature, it is best for everyone to go to the corresponding local department as much as possible to consult the last appropriate one.
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If the building of a house by a poor rural household exceeds the area, then it is likely that you will not be rated as a poor household when you apply for a poor household, but it will not be demolished.
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Penalties will be imposed for these excess areas. And this part of the land is not in their plans. It will not be demolished at all, after all, it has already been built.
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It will be recovered, and if it is illegally occupied, it will definitely be demolished, which is an illegal act.
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You should apply for approval, and if you don't follow the regulations, you will be demolished if you don't follow the regulations.
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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.
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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.
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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. <>
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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.
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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.
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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!
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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.
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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.
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1.If the building has gone through the legal approval procedures, there is a relevant homestead use right certificate, planning permit, take the initiative to report to the examination and approval authority for the area exceeding the standard, pay a certain fee, if there is a paid use fee, it will generally not be demolished.
2.However, 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 will be required to be demolished within a time limit.
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Summary. Hello, dear <>
Rural self-built houses with excess area** have the right to be demolished. **The right to demolish houses with more than the size of self-built houses in rural areas, but certain procedures and regulations need to be followed. <>
Does the rural self-built house have the right to be demolished if it exceeds the area?
Hello, dear <>
Rural Xin's self-built houses have the right to be demolished. **The right to demolish houses with more than the area of self-built houses in rural areas, but they need to follow certain procedures and regulations for taking liquid. Slippery and <>
Hello ruler dates, dear <>
First of all, according to the Urban Planning Law and the Planning and Design Standards for Rural Settlements, self-built houses in rural areas need to comply with local urban and rural planning and land use planning, and at the same time, they need to comply with relevant regulations on building buildings with bad buildings and building safety and environmental protection. If the rural self-built house exceeds the floor area limit, or does not meet the relevant regulations, ** has the right to request demolition. <>
Hello, dear <>
Secondly, in view of the demolition of self-built houses in rural areas, the first department will first conduct an investigation to determine whether there are problems such as over-area. If there is a problem with the demolition wheel, the owner will be issued a demolition notice and required to demolish it within the specified time limit, and if it refuses to carry it out, it has the right to take compulsory demolition measures. <>
If you have children in school, you can apply for tuition waiver or living allowance to your school for this poverty certificate, these are the state's support policies for poor families, it seems that you can also apply for public rental housing or something, you had better ask your work unit or neighborhood community office.
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