Compensation standards for the expropriation of unlicensed houses

The compensation standard for the demolition of unlicensed houses is: unlicensed houses belonging to legal buildings have the right to claim housing compensation and decoration fees, resettlement fees and relocation fees, hardship subsidies and incentives, compensation for the relocation of various household appliances, compensation for the operation loss of non-residential houses, etc., and unlicensed houses belonging to illegal buildings have no right to claim compensation.

Legal basisArticle 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

The compensation given to the expropriated person by the people at the city and county level who 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 and business suspension caused by the expropriation of housing.

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

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 deal with construction in violation of urban and rural planning in accordance with 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.

According to the precedent of the Supreme People's Court, for buildings that are legal construction, compensation can be made in accordance with the compensation items and standards determined by the market assessment** and the expropriation compensation plan.

In the case of Liang Moumou and the People's ** Housing Demolition Retrial of Gangbei District, Guigang City, Guangxi Zhuang Autonomous Region" [Case No.: (2018) Zui Gao Fa Xing Shen No. 5424], due to historical reasons, although Liang Moumou obtained the rights and interests of the land involved in the case through legal transactions, because he did not go through the registration of the change of land use rights, Liang Moumou lacked the corresponding ownership certificate of the land and houses involved in the case, but the transferor recognized the transfer, so it can be determined that Liang Moumou enjoyed ownership of the land and buildings on the ground involved in the case and was a legal building.

Accordingly, the Supreme People's Court recognized the judgment of the court of second instance that the court of second instance ruled in accordance with the law that Gangbei District ** should compensate Liang Moumou for a total of 817203 yuan for his house, decoration expenses, relocation expenses, temporary resettlement fees, etc., based on the compensation items and standards determined by the market assessment and the expropriation compensation plan.

In other words, according to Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, as long as there is sufficient evidence to prove that the expropriated person has ownership of the expropriated immovable property, compensation can be made according to the licensed land and buildings.

Due to historical reasons, many old houses in rural areas do not have certificates, among which there are various reasons such as the lack of law enforcement by administrative organs, the weak overall legal awareness of citizens, and so on, the overall work of confirming the registration and issuance of certificates for rural collective land is lagging behind, and the registration and issuance rate of certificates in some areas is still very low, and most of the rural collective land ownership that has been issued is only confirmed and registered at the level of peasant collectives in administrative villages, and not every peasant collective with ownership rights has not been confirmed, so many localities are still engaged in land rights confirmation. Therefore, incomplete houses are not necessarily illegal construction, especially with regard to planning permissions, which are not available for a large proportion of residential buildings. If you do not agree with the compensation standard, it will be treated as an illegal building, which seriously infringes on the legitimate rights and interests of the majority of expropriated people.

According to the provisions of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, when compensating for the demolition of unlicensed houses, the relevant departments shall be organized to investigate, identify and deal with the unregistered buildings and make reasonable compensation.

Summary. Hello Qinqin The compensation standards for the expropriation of unlicensed houses are as follows:1

Temporary resettlement expenses: According to the temporary resettlement standards formulated by the local **, the levy unit pays, and the period ranges from 3 to 12 months. 2.

Housing levy: The expropriator shall assess the expropriated person's house and other ancillary facilities according to the market**, and pay the corresponding levy to the expropriated person according to the assessed value. In actual operation, it is also necessary to take into account factors such as the age of the house and the degree of damage, and there is a certain fluctuation.

3.Compensation: The expropriator shall compensate the expropriated person for the expenses incurred in the process of protecting the house.

Compensation covers repairs, renovations, and real estate taxes.

Hello Qinqin The compensation standards for the expropriation of unlicensed houses are as follows:1Temporary Placement Costs:

According to the temporary resettlement standard formulated by the local **, the expropriation unit pays, and the period of the first key ranges from 3 to 12 months. 2.Housing levy:

The levy collector shall assess the house and other ancillary facilities of the expropriated person according to the market**, and pay the corresponding levy to the expropriated person according to the assessed value. In practice, it is necessary to take into account factors such as the age of the house and the degree of damage, and there is a certain fluctuation. 3.

Compensation: The expropriator shall compensate the expropriated person for the expenses incurred in the process of protecting the house. Compensation covers repairs, renovations, and real estate taxes.

The compensation standards for the expropriation of unlicensed houses mainly include temporary resettlement costs, housing expropriation and compensation. It is also necessary to take into account factors such as the specific local model policies and regulations and the market situation where Duan Duanmu's house is located. If the expropriator is not satisfied with the expropriation result, he can defend <>his rights through legal means

Hello, whether there is compensation for unlicensed housing and how to compensate need to be determined in combination with the actual situation. However, if it is caused by the problem of a high number of towns left over from history, then in principle, the compensation to be given to the expropriated person should not be lower than the original living standard of the expropriated person.

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According to the Regulations on Urban Housing Demolition and Compensation, the compensation standards for the expropriation of unlicensed houses are as follows:1Housing Compensation Fee:

It is assessed according to the floor area and structural grade of similar houses in the local area, and is calculated according to the actual service life and depreciation of the house. 2.Relocation Compensation:

Calculations are made according to local standards, including moving expenses, temporary housing expenses, and transportation expenses. 3.Living Hardship Allowance:

For residents who have difficulties in living due to demolition and relocation, a certain amount of subsidy will be given for living difficulties.

Compensation standards for the expropriation of unlicensed houses

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According to the Regulations on Urban Housing Demolition and Compensation, the compensation standards for the expropriation of unlicensed houses are as follows:1Housing Compensation Fee:

It is evaluated according to the construction area and the grade of the closed structure of similar houses in the local area, and is calculated according to the actual service life and depreciation of the house. 2.Relocation compensation for the split in the history:

Calculations are made according to local standards, including moving expenses, temporary housing expenses, and transportation expenses. 3.Living Hardship Allowance:

For residents who have difficulties in living due to demolition and relocation, a certain amount of subsidy will be given for living difficulties.

Article 14 of the Regulations on the Suspected Chain of Urban Housing Demolition and Compensation stipulates that for unlicensed houses, the housing compensation shall be calculated according to the local appraisal standards for similar houses according to their actual use area, structural grade, actual service life and depreciation.

At the same time, the relocation compensation will be calculated according to the standards stipulated by the local government, and the subsidy will be given to the people who are in difficulty in living.