How to compensate for the relocation of the house without a housing certificate

A compensation plan for the expropriation of unlicensed houses can be comprehensively formulated by taking into account factors such as the time of construction, the legislative status at the time, and whether there was inaction on the part of the law enforcement agencies at that time.

Compensation may not be paid for houses that have seriously violated the Urban and Rural Planning and Land Management Law, or who have been built in bad faith knowing that an expropriation notice has been issued or is about to be expropriated. However, regardless of whether the expropriated person's house is illegally built, fair and reasonable compensation should be given to the expropriated person's land use right.

The house was built legally, but there was no legal property right certificate, which was caused by problems that cannot be attributed to its own historical legacy, and if the person being demolished has lived in the house for a long time, he should be legally compensated and resettled.

The demolition of a house without a real estate certificate mainly depends on whether it is legal, and compensation shall be given for legal construction and temporary construction that has not exceeded the approved period; No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period. It is recommended to consult Beijing Guanling Law Firm.

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Legal Analysis: As long as it is proved that it belongs to you and was built legally, you can claim compensation for demolition according to the following criteria:

1) Compensation price of residential houses on demolished collective land = unit price of residential houses on demolished collective land Floor area of residential houses demolished.

2) Homestead ownership location compensation price = homestead comprehensive compensation unit price Approved homestead land compensation area.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land Article 19 The compensation for the value of the expropriated houses shall not be lower than the market of similar real estate of the expropriated houses on the date of the announcement of the decision to expropriate the houses. The value of the expropriated house shall be assessed and determined by the real estate appraisal agency with corresponding qualifications in accordance with the housing expropriation appraisal method.

1. The real estate certificate is in someone else's name and has not been transferred to you. In this case, the compensation is paid to the owner of the property as recorded in the ownership of the house, of course, you can claim compensation from the seller, and if the parties cannot reach an agreement, you can file a lawsuit in court. 2. The house has not obtained the corresponding planning and construction procedures, and cannot apply for the real estate certificate.

Illegal buildings are demolished without compensation. If it cannot be identified as an illegal building and there is no property right certificate, it is generally possible to obtain appropriate compensation, but it is much lower than the compensation of legal property rights, and the compensation is generally made with reference to the construction cost. The compensation for house demolition of legal property rights is determined by real estate market appraisal according to the location, use, and construction area of the demolished house, which is not much different from the commercial housing in the same location.

But that doesn't mean you won't get compensation without a title deed. There is also a situation where the planning, construction application or other procedures of the house you bought are not complete, resulting in the inability to handle the registration and filing of the house ownership, so it is impossible to issue the real estate certificate, and the housing property management department will not accept it, and there is no question of paying taxes and fees. In this case, you will not be compensated for the demolition of the tartan.

In practice, there are also demolition parties who are willing to compensate the user, and as long as the two parties reach an agreement and sign an agreement, no laws and regulations will interfere. But on the other hand, if the demolition party is unwilling, there is no legal basis for your claims and demands, because you are not legally demolished after all. 2. Illegal buildings are demolished without compensation.

For the construction before the Planning Law, the policies of various localities are not completely consistent, as long as it is not a self-built house that seriously affects the planning, it can generally be determined. The standard of compensation, the amount of monetary compensation, is determined by the real estate market appraisal according to the location, use, construction area and other factors of the demolished house.