What should I do if my house is demolished without a title deed?

In the case of house demolition without real estate certificate, if all kinds of license procedures are complete, but the "Housing Property Ownership Certificate" has not been processed, there is no need to worry in this case. Because the house is a legal private building, according to the law, it should also enjoy the compensation and treatment for house demolition stipulated by the state. For houses with incomplete formalities or no property rights, they shall be handled in accordance with relevant laws and regulations after the relevant departments have determined their legality; Where there is a dispute over property rights or the right to use, compensation shall be made in accordance with the outcome of the litigation after a civil lawsuit is passed.

[Legal basis]:Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned LandThe 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.

If the house does not have a real estate certificate, it is not qualified to obtain compensation for demolition and relocation.

In the legal sense, it is not a party to the demolition, so naturally it cannot be compensated. In life, some demolition people are willing to compensate the users who have been demolished, as long as the two parties reach an agreement, no laws and regulations will intervene.

According to the Regulations on the Administration of Urban Housing Demolition, the person being demolished refers to the "owner of the house to be demolished", and does not have the supporting documents (usually the house ownership certificate) that he is the legal owner of the house, and is not a party to the demolition in the legal sense, and there is no legal basis for claiming compensation for house demolition.

[Legal basis]:

Article 15 of the Regulations on the Expropriation and Compensation of Houses on State-owned LandThe housing expropriation department shall organize an investigation and registration of the ownership, location, use, and construction area of the houses within the scope of housing expropriation, and the expropriated persons shall cooperate. The results of the investigation shall be announced to the expropriated person within the scope of housing expropriation.

Article 24The 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.

Article 6 of the Law of the People's Republic of China on the Administration of Urban Real EstateFor the needs of the public interest, the State may expropriate the houses of units and individuals on state-owned land, and give compensation for demolition and relocation in accordance with the law, so as to safeguard the legitimate rights and interests of the expropriated persons; Where an individual's residence is expropriated, the living conditions of the expropriated person shall also be guaranteed. The specific measures are stipulated by ***.

Legal analysis: According to the "Regulations on the Administration of Urban Housing Demolition and Relocation", the person being demolished refers to the "owner of the house to be demolished", and there is no proof that he is the legal owner of the house (generally the house ownership certificate), and the party to the demolition is not a party to the demolition in the legal sense, and there is no legal basis for claiming compensation for house demolition.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 6 For the needs of the public interest, the State may expropriate the houses of units and individuals on State-owned land, and give compensation for demolition and relocation in accordance with the law, so as to safeguard the legitimate rights and interests of the expropriated; Where an individual's residence is expropriated, the living conditions of the expropriated person shall also be guaranteed. The specific measures are stipulated by ***.

The house has not obtained the corresponding planning and construction procedures, and the real estate certificate cannot be handled, and the 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.

[Legal basis]:Article 40 of the Urban Planning Law of the People's Republic of China stipulates: "In the urban planning area, if the construction project planning permit is not obtained or the construction is carried out in violation of the provisions of the construction project planning permit, which seriously affects the urban planning, the local people's ** urban planning administrative department at or above the county level shall order the construction to be stopped, demolished within a time limit or confiscated illegal buildings, structures or other facilities; If it affects urban planning and can still take corrective measures, the local people's ** urban planning administrative department at or above the county level shall order it to make corrections within a time limit and impose a fine. ”