Is there any compensation if the unlicensed house is demolished?

There is generally no compensation for the demolition of unlicensed houses, except for the following two types of unlicensed houses. Compensation for the demolition of houses built before the sixties and seventies is equivalent to full compensation for licensed houses; Prior to the promulgation of the Town and Country Planning Law, and when the law and registration system were not perfect, compensation for the demolition of houses built was equivalent to full compensation for licensed houses.

For unlicensed houses, the relevant departments should be organized to investigate, identify and deal with them in accordance with the law, that is, to investigate whether the unlicensed houses are illegally built. If the unlicensed house is not illegally built, the expropriation of the unlicensed house and structures shall be compensated. If it is determined that the unlicensed house is illegal and decides not to compensate, and the person being demolished is dissatisfied with this and files a lawsuit, then the relevant departments such as ** must provide evidence to prove that the unlicensed house is illegally built.

If an unlicensed house is not illegally built, it involves the issue of compensation and the amount of compensation. According to the relevant regulations, the objects of expropriation of houses on state-owned land include not only houses, but also the land use rights occupied by houses. The compensation standard for unlicensed houses is the same as for legal houses, and the value of the house also needs to be assessed by an appraisal agency.

Many unlicensed houses are due to historical and other reasons, especially in urban villages or old towns. So even if it's an unlicensed house, friends shouldn't worry too much. If you only demolish your house on the grounds of unlicensed, you can confidently file a reconsideration or lawsuit to protect your legitimate rights and interests; However, if it is determined that it is an illegal construction, then you should be careful, because it is likely that you will not get compensation and lose your house, and Mr. Shen reminds everyone to consult professionals if necessary, because professional people do professional things.

Laws and Regulations

Regulations on the Expropriation and Compensation of Houses on State-owned Land

Article 17 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 houses.

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.

Hello, it depends on the specific situation, if it is caused by historical problems, you need to pay compensation.

For example, some rural houses do not have real estate certificates, but they belong to legal buildings and can receive compensation for demolition. The following unlicensed houses may be compensated for demolition: 1. Ancestral homes that have been passed down from generation to generation; 2. Self-built houses within the scope of rural homesteads to give way to banquets; 3. Rural houses built within a reasonable range.

There is compensation for the demolition of unlicensed houses, and the following are the cases in which unlicensed houses can be fully compensated: Historically preserved houses. There is a principle of non-retroactivity in law, which is one of the basic principles of China's legal system, and it can also be extended to the principle of administrative statute of limitations.

Some buildings were formed in the 70s, or even earlier in the 50s and 60s, and could have been built with very few formalities at that time. Therefore, it is necessary to determine what is legal and what is illegal in conjunction with the legal provisions at the time of the formation of the building.

Houses in the countryside and houses built by peasants in the cities. In the beginning, the management of rural housing construction was relatively lax, and the management of property rights was not in place, so there were many unlicensed houses in rural areas. As long as the house is built in accordance with the law, even if there is no property right certificate, you can still get full compensation when it is demolished.

Compensation for rural land expropriation includes:

1. Land compensation fee. A kind of economic compensation paid by the land-using unit to the land-expropriated rural collective economic organization for the economic losses caused by the expropriation of its land in accordance with the law;

2. Compensation for BIBS. A compensation fee paid by the land-using unit to the units and individuals who planted the seedlings on the land that was requisitioned for the destruction of the seedlings due to land acquisition;

3. Attachment compensation. Attachments to the expropriated land, such as houses and other facilities, by the land-using unit;

4. Resettlement subsidy. The compensation paid by the land-using unit to the land-expropriated unit for the resettlement of surplus labor caused by land acquisition.

Conditions for the identification of illegal buildings:

1. Buildings and structures constructed in violation of the overall land use plan and the overall municipal plan;

2. Buildings and structures constructed without obtaining land use procedures or through illegal means;

3. Buildings and structures in the town planning area that have not obtained the project planning permission or have not been constructed in accordance with the content of the project planning permit;

4. Illegally constructed buildings and structures on agricultural land;

5. After the full implementation of the rural housing construction planning and construction application system, that is, the buildings and structures that are built on the homestead and collective construction land without approval or not in accordance with the permitted content of the rural construction plan;

6. It does not meet the situation of "one household, one house";

7. Buildings and structures illegally constructed in ecological protection redline areas and within the control area of highways and rivers;

8. Buildings and structures constructed in violation of other relevant laws and regulations.

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

Article 64 Where a construction project planning permit has not been obtained or construction is not 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 government 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 between 5% and 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.

The demolition of unlicensed houses and illegal buildings in nature generally cannot be compensated, and the demolition of them is an exercise of administrative powers. If it is a legal building, it can be determined by the real estate management department or by the relevant departments, and it can generally be compensated when it is illegally demolished, and it can be compensated for demolition when it is expropriated in accordance with the law.

Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land Municipal and county-level people** 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 the expropriation of the Kuan clan 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.