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Title Deed. In the event of demolition, first of all, the demolition compensation is based on the area on the real estate certificate, and the extra area of the house will be compensated according to the self-built **. There are also houses that are built according to specific houses, some are compensated according to garages, and some are based on rough embryos.
**, in short, there is a demolition assessment company staff assessment to know.
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If the real estate certificate does not match the actual area, it is generally based on the real estate certificate.
If there is a difference in the size of the property, the real estate department should change it, and of course, it is also a legal building, and the relevant procedures are complete.
Generally speaking, the house demolition is compensated according to the area contained in the property right certificate, if the real estate certificate cannot be changed, the compensation area may be correspondingly smaller, but it is not decided, and it depends on the specific compensation plan of the demolition department.
In accordance with the Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 15 The 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 16 After the scope of housing expropriation is determined, it is not allowed to carry out acts of improperly increasing compensation costs such as new construction, expansion, reconstruction, or change of use of houses within the scope of housing expropriation; Where provisions are violated, no compensation is to be given.
The housing expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant formalities. The written notice of suspension of relevant formalities shall indicate the period of suspension. The suspension period shall not exceed 1 year.
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The commercial housing that has been certified within the past 20 years can basically be determined to be requisitioned and relocated based on the area of the real estate certificate.
If the area of the old house does not match due to historical reasons, if everyone does not match, coordinate the unified surveying and mapping at their own expense as soon as possible, and negotiate with the demolition department with the surveying and mapping results.
If it's just the area that you have added to your own home or used to take advantage of, it is easier to communicate with the demolition department privately whether the extra area can be properly compensated.
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So why don't you change it in time when you get the title deed? I guess I can save some money by quoting less. But I still want to move more area. It is estimated that compensation can only be made according to the real estate deed.
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Compensation shall be subject to the title deed. Taxes and fees are paid on the basis of the title deed. It's hard to change.
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It depends on how the demolition policy stipulates, and the area on the certificate is generally subject to it.
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Anyway, it doesn't match the actual area, what should I do if I want to move? I think you can ask someone from the demolition office to re-measure this.
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Under normal circumstances, the claim is calculated according to the area of the real estate certificate.
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If the area of the real estate certificate does not match the actual area, you can apply for correction and registration.
According to the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property
Article 79: If the right holder or interested party believes that there is an error in the matters recorded in the immovable property register, he may apply for correction of the registration.
Where an interested party applies for correction of registration, it shall submit the relevant materials, materials confirming the errors recorded in the immovable property register, and other necessary materials.
If the immovable property ownership certificate or immovable property registration certificate is filled in incorrectly, and the immovable property registration authority needs to correct the contents of the immovable property ownership certificate or immovable property registration certificate in the course of handling the correction registration, it shall notify the right holder in writing to reissue the certificate of immovable property ownership or the immovable property registration certificate, and record the matters concerning the replacement of the immovable property ownership certificate or the immovable property registration certificate in the registration book.
If the record in the immovable property register is correct, the immovable property registration authority shall not correct it and notify the applicant in writing.
Article 81: If the immovable property registration authority discovers an error in the items recorded in the immovable property register, it shall notify the parties concerned to correct the registration within 30 working days. If the parties fail to handle it within the time limit, the real estate registration authority shall make corrections in accordance with law 15 working days after the announcement; However, there is an exception where the registration, advance notice registration and seizure registration involving the disposition of immovable property rights have already been handled after the erroneous registration.
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Legal Analysis: The area of demolition is based on the area of the title deed, not according to the area of the site. Housing demolition will only be compensated for legal buildings, and no compensation will be given for illegal buildings.
The house is immovable property, therefore, the real right of the house should be subject to registration, that is, the real estate certificate should be subject to the real estate certificate, not to the actual area.
Legal basis: Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land The people's ** 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 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 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 208 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.
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Legal Analysis: Demolition is calculated according to the area of the real estate certificate. The floor area of the house is based on the floor area recorded in the real estate right registration.
Legal basis: Article 210 of the Civil Code of the People's Republic of China: The registration of immovable property shall be handled by the registration authority where the immovable property is located.
The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
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It is difficult to modify the inconsistency between the real estate certificate and the actual area for you, because the real estate certificate, as a proof of our corresponding property, is approved by the professional housing authority. If the issuance does not match the actual area, the premise of proposing the amendment is that there must be evidence to prove that the difference between our actual area and the area of our property is more than 10% before the relevant application can be made. The Housing Authority will send a professional to carry out the measurements before the property title can be amended on the title deed.
Can be changed, the title deed.
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