Can a house be demolished without a homestead certificate, and can a house be demolished without a h

Legal analysisA house without a real estate certificate is not necessarily an illegal building, but it is necessary to determine whether it is an illegal building based on the history of the house, whether it conforms to urban and rural planning, whether the homestead is obtained in accordance with the law, etc., and if it is determined to be an illegal building and does not demolish it by itself, it can be forcibly demolished. The illegal building itself is a kind of thing, and the builder of the illegal building still enjoys certain rights under the property law before the relevant administrative department determines and requires demolition in accordance with the law. These rights include, inter alia:

1. Have the right to dispose of building materials. Although the builder does not have ownership of the building and therefore does not have the right to dispose of it, the builder of the illegal building has the ownership of the construction materials of the illegal building and of course has the right to dispose of the construction materials. 2. The right to occupy the building.

Although the ownership of the illegal building cannot be obtained, possession can be established because the builder has de facto control over the illegal building. This de facto state of possession is protected by law. 3. The right to use the building.

The purpose of appropriation is not merely to take it for oneself, but to use it according to its physical properties and use. 4. Have the right to benefit from illegal construction. The occupier can only obtain income from the use of the building by himself, and cannot obtain income by renting it or other means.

Legal basisUrban and Rural Planning Law of the People's Republic of China Article 64 If the construction project planning permit has not been obtained or the construction is not carried out in accordance with the provisions of the construction project planning permit, 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. Article 65 Where a rural construction planning permit has not been obtained in accordance with the law in a 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 township people shall order the construction to be stopped and corrected within a time limit; If it is not corrected within the time limit, it may be dismantled.

Hello, under normal circumstances, whether it is an illegal building or a legal building, it cannot be demolished directly, otherwise the demolition is illegal.

Can be forcibly demolished. Article 78 of the "Land Management Law" stipulates that 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 people 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.

Under normal circumstances, a property without a homestead certificate is considered to be illegally occupying land.

However, there are also special circumstances, such as some historical monuments, or undocumented problems caused by historical legacies.

If it doesn't affect town planning or anything, for example, a house built on a wasteland that cannot be cultivated, in general, it will not be demolished.

Building a house must be built in accordance with laws and regulations, and demolition of buildings also needs to be carried out in accordance with laws and regulations, not that there is no homestead certificate to be demolished, first of all, the building must be determined to be an illegal building in accordance with the procedure, and then it can be implemented by the law enforcement department.

Legal analysis: Houses without real estate certificates are not necessarily illegal buildings, and some buildings do not have real estate certificates due to historical reasons, and if they are found to be illegal buildings and do not demolish them by themselves, they can be forcibly demolished.

Legal basis: Urban and Rural Planning Law of the People's Republic of China

64th without obtaining a construction project planning permit or not in accordance with the provisions of the construction project planning permit for construction, by the local people's ** urban and rural planning departments at or above the county level to order the cessation of construction may take corrective measures to eliminate the impact on the implementation of the plan, rectification within a time limit, a fine of not less than 5 percent of the construction project cost of the law to take corrective measures to eliminate the impact, a time limit for demolition, can not be demolished, confiscated in kind or illegal income, A fine of less than 10 percent of the construction project cost may be imposed concurrently.

Article 65 Where a rural construction planning permit has not been obtained in accordance with the law in a 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 order the construction to be stopped, and if the correction is not made within a time limit, it may be demolished.

Hello, it depends on the specific situation, if it is caused by historical problems, then it is generally not appropriate to identify as illegal demolition.

Illegal buildings can be forcibly demolished.

No, you cannot. In real life, there are many rural houses that do not have real estate certificates, but it does not mean that houses without real estate certificates are illegal buildings, and it is necessary to talk about whether they are illegal buildings based on the history of the house, whether it conforms to urban and rural planning, and whether the homestead is obtained in accordance with the law.

Urban and Rural Planning Law of the People's Republic of China

Article 64 If the construction project planning permit has not been obtained or the construction is not carried out in accordance with the provisions of the construction project planning permit, 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.

Article 65 Where a rural construction planning permit has not been obtained in accordance with the law in a township or village planning area, or construction is not carried out in accordance with the provisions of the rural construction planning permit, the people in the township or township shall be ordered to stop construction and make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled.

1. Is there any compensation for the demolition of illegal buildings?

The fact that the demolition party does not compensate for the demolition of the illegal building in accordance with the law does not mean that the materials used in the demolition of the illegal building are also not compensated.

In the compensation for demolition and relocation, attention should be paid to distinguishing between illegal buildings and land use rights within the scope of construction. Illegal buildings can be basically divided into two categories according to the criteria of whether there is a right to apply land: one is an illegal building that has obtained a land use right, and the other is an illegal building that has not obtained a land use right.

If the illegal building has a legal land use right, even if the illegal building itself is not compensated for the demolition of the illegal building itself, the property interests of the land use right on the illegal construction owner must be considered. If the land use right is obtained by way of allocation, the demolition party may not compensate the illegal builders who use the land; However, if the land use right is obtained by way of transfer, and the illegal builder has paid the land transfer fee in full but the transfer period has not expired, the demolition party shall make appropriate compensation for the loss of land use income caused to the illegal builder by demolishing the illegal building.

Houses with homestead certificates can also be demolished. However, the forced demolition of legal buildings can only be carried out by the court. Forced demolition is actually a compulsory act, and China's compulsory behavior is divided into judicial forced demolition and administrative compulsory investigation and punishment of the Tomb of Consumption, and administrative compulsory demolition is not applicable to legal buildings.

1. Can a house with a homestead certificate be forcibly demolished?

1. If the procedure of forced demolition is illegal, then the staff and departments who carry out the forced demolition are illegal. For the implementation of lawful forced demolition, first of all, the person being demolished has not moved within the time limit specified in the demolition compensation and resettlement agreement or compensation decision, and has not filed an administrative lawsuit or applied for administrative reconsideration, then the people who made the house demolition decision may apply to the people's court for compulsory enforcement in accordance with the legal procedures.

2. Legal basis: Article 28 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

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 relocate within the time limit specified in the compensation decision, the people's people at the city or county level who made the housing expropriation decision shall apply to the people's court for compulsory enforcement in accordance with the law. The application for compulsory enforcement shall be accompanied by materials such as the amount of compensation and the location and area of the special account storage, property right exchange housing and swing housing.

2. Is it illegal to build a house with a homestead certificate?

Building a house on a legally obtained homestead does not belong to illegal construction, and rural residents build a house, which must be reviewed by the township and approved by the county level before it can be implemented, and if it is not approved, it is an illegal building.

The homestead itself is the land used by the collective members to build houses in the collective land, and members who want to obtain the homestead to build houses must first apply for the homestead, obtain the right to use the homestead and obtain the homestead use right certificate.

1. Whether it can be forcibly demolished is not necessarily related to whether it is a homestead foundation or whether it is a homestead and whether it is destroyed by the limbs. Those who do not have a homestead certificate may be forcibly demolished, and those who have a homestead certificate can also be forcibly demolished.

2. Whether the hunger and forced demolition can be defeated depends on whether there is an effective decision on forced demolition, and whether the legal procedures have been fulfilled.