Can unlicensed houses in rural areas be forcibly demolished, and can unlicensed houses in rural area

It's not that simple.

First, if there are reasonable approval procedures, but the property right certificate is not processed, then it can be regarded as a legal building, and this cannot be forcibly demolished.

Second, if there is no approval procedure, then the house is an illegal building.

This one can be forcibly demolished.

Of course, whether it is a legal or illegal building, if it is to be demolished, it must go through a legal procedure, such as a court ruling.

A house without a real estate certificate is not necessarily an illegal building, and whether a building is illegal depends mainly on whether the process of building construction violates the provisions of the Urban and Rural Planning Law.

Can a house without a real estate certificate be demolished in a rural area? As long as you have a rural homestead and a land use certificate, the house built on it does not have a property ownership certificate, and he cannot demolish it.

Hello, it depends on the specific situation, under normal circumstances, it is not possible to demolish directly, you need to apply to the court, and it is possible if the court allows it, but it should be noted that not all unlicensed houses are illegal buildings, if they are caused by historical problems, they generally need to be compensated according to the legal building when demolishing.

It is not the first department to talk about the demolition casually, only after the court's judicial demolition has legitimacy, and generally can also choose a combination of monetary compensation and property rights replacement.

Judicial demolition is possible. Judicial forced demolition means that if the expropriated person does not apply for administrative reconsideration or does not file an administrative lawsuit within the statutory time limit, and does not perform the compensation decision, the people at the city and county level who made the decision to expropriate the house shall apply to the people's court for compulsory enforcement in accordance with the law.

Legal analysisAt present, there are three main categories of unlicensed houses in rural areas: the first category is that the original house ownership certificate has not been obtained due to violations and illegal construction; The second type is the loss of the house ownership certificate or the failure to apply for the house property right due to various historical reasons; The third type is because there is a dispute in the inheritance process of the house, and it has been resolved, and the house title certificate cannot be processed! Through the second and third categories mentioned above, the village committee can coordinate the early application of a new property ownership certificate.

However, if it is a house built through violations of laws and regulations, it will not be handled with the relevant housing property right certificate, according to the relevant regulations, this type of house may be cleaned up and demolished in the process of rural housing renovation, but it should be noted that not all houses will be demolished, if there is a violation, you can accept punishment according to the actual situation, from illegal to legal. First of all, according to the regulations, if the cultivated land is used to build houses in violation of the overall land use plan, the houses on the cultivated land will be demolished within a time limit, so if it is an unlicensed house built in violation of laws and regulations, it will not be compensated when it is demolished.

Of course, there are still some illegal houses in rural areas due to historical reasons, or considering the practical reasons of their families, after the demolition will be given a certain amount of compensation to protect the rights and interests of farmers, but for the houses other than illegal buildings are demolished and do not compensate, the demolished people must take up the law to protect their legitimate rights and interests.

Legal basisRegulations on the Expropriation and Compensation of Houses on State-owned Land》 Article 24 The people's governments at the municipal and county levels and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and the construction in violation of urban and rural planning shall be dealt with in accordance with the 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; No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period.

As long as the conditions for forced demolition are met, unlicensed houses in rural areas can also be forcibly demolished. When peasants build houses, they should also abide by the provisions of the law. According to Article 78 of the Land Management Law, if a rural villager illegally occupies land to build a house without approval or by fraudulent means, the competent department of agriculture and rural affairs of the people's government at or above the county level shall order the return of the illegally occupied land and demolish the newly built houses on the illegally occupied land within a time limit.

Hello, it is not possible to find out the real situation of the house without the permission of the court, otherwise the demolition is illegal.

Now the state prohibits forced demolitions.

If it's demolished, there's nothing. Country? Isn't it not allowed to be forcibly demolished? If there is a forced demolition, you can report it directly. There should be ** online.

1. If the self-built house is an illegal house, although the management of rural self-built houses is very strict in various regions, it is in accordance with China's "Land Management Law".

and other relevant laws, there are measures to deal with illegally built houses, such as suspension of work, correction within a time limit, and demolition, etc., and there is no provision that illegal houses will be enforced by the courts.

Forced demolition. 2. If the self-built house in the rural area is an illegal house, but it is the only house of the farmer's friend, in this case, even the court cannot enforce the forced demolition, because it affects the farmer's right of residence.

After the forced demolition, the basic guarantee of the life of the peasant friends is gone; If the self-built houses in the countryside violate the "one house, one house."

For the self-built houses that are superfluous and illegally built under the name, they may be forced to be demolished by the court.

3. If it is due to other reasons, such as the hukou is not a member of the rural collective economic organization.

Moreover, if the owner of the house has died and there are no heirs, then the court can enforce the forced demolition. Therefore, whether the court can enforce the forced demolition of self-built houses in rural areas is not a generalization, and even if the court wants to enforce the forced demolition in this society under the rule of law, it must depend on the actual situation and in accordance with the relevant legal provisions.

Rural areas are basically self-built houses, according to some of the laws and regulations in force.

It can be seen that self-built houses in rural areas need to be built in accordance with regulations, and if they involve illegal situations, they are likely to be demolished. So, is it okay for the court to enforce the forced demolition of self-built houses in rural areas? The following houses will be introduced to you, and will also share what kind of houses will be demolished in the countryside.

What kind of houses will be demolished in rural areas?

1. Abandoned old houses

In the rural areas, because they have developed better in other places, they have transferred their hukou to their places of work, and the old houses in their hometowns have been abandoned for many years, and they are very dilapidated and cannot continue to live. Basically, such houses will be demolished, firstly, to save rural land resources, and secondly, to solve potential safety hazards for farmers.

2. A house that no one inherits

There are many lonely and widowed elderly people in the countryside, and because the elderly have no children, they have no heirs in the house after a hundred years.

It will be taken back by the village collective. The houses built on the homestead will also be demolished, and then the homestead will be distributed to the farmers in need.

3. Voluntary withdrawal from the house

China has regulations on voluntary withdrawal from homesteads, and voluntary withdrawal from homesteads will also give certain compensation. In the case of voluntariness, and the compensation of the ** department has been in place, this kind of house will face forced demolition, but there are relatively few people who voluntarily quit the house, unless they can have a good support after exiting.

Whether a building is illegal or not depends on whether the building is illegal or not, and whether the building is built violates the provisions of the Urban and Rural Planning Law.

Legal basis] Article 64 of the Urban and Rural Planning Law, if the construction project planning permit has not been obtained or the construction is not carried out in accordance with the provisions of the planning permit for the construction project, the local people's ** urban and rural planning department 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.

1. The people at the municipal and county levels and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and deal with the construction in violation of urban and rural planning in accordance with the law.

2. 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 the last registered buildings within the scope of expropriation in accordance with the law.

3. Compensation shall be given to those identified as legal buildings and temporary buildings that have exceeded the approved time limit at the end of the period; No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period.

Article 64 of the Urban and Rural Planning Law of the People's Republic of China is taken at the end.

The construction project planning permit or the end of the construction project plan shall be followed.

If the construction is carried out in accordance with the provisions of the permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped; Acceptable.

If the corrective measures 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 cost of the construction project shall be imposed; Where corrective measures cannot be employed to eliminate the impact, it is to be demolished within a set period of time, and where it cannot be dismantled, the physical goods or illegal income are confiscated, and may be punished concurrently.

A fine of less than 10% of the construction project cost.

Article 68 The competent department of urban and rural planning shall order the construction to be stopped.

or after the decision to demolish within a time limit, the parties do not stop the construction or.

If it is not demolished within the time limit, the local people at or above the model brother level in the county where the construction project is located may instruct the relevant departments to take measures such as inspecting the orange seal construction site and compulsory demolition.

Houses without real estate certificates in rural areas are generally illegal if they have not obtained a collective land use right certificate.

Article 65 of the Urban and Rural Planning Law stipulates that if a rural construction planning permit is not obtained in accordance with the law in the township or village planning area or construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or town people shall be ordered to stop the construction and make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled.

Article 6 and 18 stipulate that 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, if the party does not stop the construction or does 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.

Town and Country Planning Law

Article 65.

If the rural construction planning permit is not obtained in accordance with the law in the township or village planning area or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or town people shall order the construction to be stopped and the key car shall be corrected within a time limit;

If it is not corrected within the time limit, it may be dismantled.

Town and Country Planning Law

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, if the party does not stop the construction or does 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.

1. Rural houses built without a license will be forcibly demolished. At present, there are three main categories of unlicensed houses in rural areas:

1) Class is due to violations, illegal construction, etc.

2) The second type is the loss of the house property right certificate or the failure to apply for the house property right due to various historical reasons;

3) The third category is because there is a dispute in the inheritance process of the house, and it has been resolved, Souda is unable to apply for the house ownership certificate!

2. According to Article 64 of the Urban and Rural Planning Law, the construction project planning permit has not been obtained or the construction project has not been carried out 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;

3. If it is impossible to take corrective measures to eliminate the impact, the round service shall be dismantled within a time limit, and if it cannot be dismantled, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed.

4. Article 68 stipulates that after the competent department of urban and rural planning makes a decision to order the construction to be stopped or to demolish the erection within a time limit, the party concerned does not stop the construction or does 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.