In rural areas, if the old house is demolished and a new house is built, should the old ancestral ho

In fact, demolishing old houses and building new houses in rural areas is the reconstruction of old houses.

Although the original house has a homestead use certificate and a real estate certificate, it is necessary for the relevant departments of the township to apply for approval from the village committee in accordance with the law. Compared to applying for a homestead, the procedure is relatively simple and the application is relatively easy. As long as the old house conforms to the current village construction plan, is not within the scope of demolition, and you promise to build the house in strict accordance with the original homestead area and rural customs, and does not infringe on the relevant interests of neighbors, it can be approved.

There are four main reasons to apply for the renovation of old rural houses:

First of all, there was no planning for the construction of villages in the past. Although the old house has obtained the right to use the homestead in accordance with the law, it conflicts with the new rural construction plan, and the house may conflict with the new plan. If it does not meet the new plan, it will naturally not be approved, and it may be demolished and rezoned as a homestead.

Secondly, now the conditions of the people have improved. Many people always want to build an old house that is bigger than the original. Without regulation, it can exceed the originally approved land use area, infringing on the collective interest and sometimes the interests of neighbors.

The application for the renovation of old houses is to incorporate the renovation of old houses into the management to prevent the phenomenon of excessive occupation of homesteads.

Thirdly, with the improvement of people's conditions, some people know that they are afraid to expand the usable area of the homestead when rebuilding the old house, but they want to build a one-story house into a multi-storey house. Although this does not occupy the homestead, it may affect the ventilation and lighting rights of the neighbors and cause conflicts. At the same time, the special architecture did not conform to the customs and architectural styles of the village, which affected the overall appearance of the village.

So it must also be supervised.

Fourth, the policy on the use of rural homesteads is becoming more and more stringent, and a villager can only own one homestead. It is not allowed to rebuild houses on the homesteads of more than one village household, as well as rural houses acquired by the urban population through legal means such as inheritance.

Therefore, the renovation and approval of old houses is also to strengthen the implementation of this policy. Renovation of an old house without passing the application for approval is a procedural violation. During the construction process, if someone reports or is found by the village collective and township **, it will be ordered to stop work and go through the pre-construction procedures.

If not only does not apply, but also occupies the homestead during the construction process, affecting the neighborhood relationship, not only violates the procedure, but also will be identified as an illegal building and demolished in accordance with the law. To sum up, the renovation of old houses in rural areas does not need to go through the land use procedures again, but it must be reported for construction under the supervision of the township **. The basic requirements are not to violate the "one household, one house", "the right holder remains the same", "the construction address and scope remain the same", "in line with the overall land use plan and town planning", and "not more than the housing base area standards stipulated by the local people".

Of course, it is necessary to report the construction, if it is not reported, it is an illegal building, and the construction of a new house must be carried out through legal procedures.

If the old owner has a real estate certificate, he must apply for construction, and if he does not apply for construction, it is a violation of the law. Therefore, when we usually want to build a house, we must report it to the relevant departments, so as to avoid a lot of trouble later.

Absolutely. If you do not report it, it is an illegal construction. This will also result in fines from the relevant authorities.

If you don't report it, it's an illegal construction, so you must report it.

If you need to report for construction, if you don't report it, it is a violation of discipline and it is illegal.

Although the original house has a homestead use certificate and a real estate certificate, it must be rebuilt in accordance with the law to the village committee, and the village committee shall report to the relevant departments of the township for approval. Compared with applying for a homestead, the procedure is relatively simple, and the application is relatively easy, as long as the old house conforms to the current village construction plan and does not infringe on the relevant interests of the neighbors, then it can be completely approved.

There are four main reasons for the renovation of old houses in rural areas, so they also have to apply:

First, there was no planning for village construction in the past, and although the original old house obtained the right to use the homestead in accordance with the law, with the new rural construction plan, the house may conflict with the new plan. If it does not comply with the new plan, it will not be approved, and it may be demolished and rezoned to a homestead.

Second, now that people's conditions have improved, many people always want to build a little bigger than the original when renovating old houses, and if there is no supervision, they may exceed the original approved homestead area for renovation, infringing on the collective interests and sometimes infringing on the interests of neighbors. The purpose of applying for the renovation of old houses is to bring the renovation of old houses into the management and prevent the phenomenon of over-occupying homesteads.

Third, with the improvement of people's conditions, some people know that they do not dare to expand the usable area of the homestead when the old houses are renovated, but they want to build a one-story house into a multi-storey house, so that although the homestead is not over-occupied, it may affect the neighbors' ventilation and lighting rights, causing contradictions. At the same time, the special architecture does not conform to the customs and architectural styles of the countryside, which affects the overall appearance of the village. So it must also be supervised.

Fourth, the policy on the use of rural homesteads is becoming more and more stringent, and a villager is only allowed to own one homestead. It is not allowed to renovate houses on homesteads where villagers have more than one house, and rural houses acquired by the urban population through inheritance and other legal means. Therefore, the approval of the renovation of old houses is also to strengthen the implementation of this policy.

If the renovation of the old house is carried out without the approval of the application, it is a procedural violation. In the process of construction, if someone reports or is discovered by the village collective and township **, it will be ordered to stop work and carry out construction after completing the procedures. If not only did not apply, but also the situation of overoccupying the homestead and affecting the neighborhood relationship occurred in the construction, it will not only be a procedural violation, but will be recognized as an illegal building and demolished in accordance with the law.

To sum up, the renovation of old houses in rural areas does not need to go through the land use procedures again, but it must be reported for construction and constructed under the supervision of the township **.

If you demolish the old house and build a new house in the countryside, then if the HDB flat has a property ownership certificate, you need to apply for construction, of course, if you don't have it, you don't need to apply for construction, as long as you have enough people in your family.

Although it is to demolish the old and start the new, it is best to apply to the relevant departments such as ** and go through the relevant procedures, and there will be fewer problems encountered in the future, and it is very easy to demolish the old and start the new construction.

If the local village committee has relevant policies to implement, then it still needs to be applied for construction before a new house can be built.

I'm going to apply for construction. If the construction is not reported, the new house will be considered an illegal building, and the gains will outweigh the losses.

Rural houses are demolished and built new, as long as they are approved by the relevant departments, they are not easy to be sensitive, and they are illegal construction.

The reconstruction of the house and beyond the original site is considered an illegal construction, even if it is not exceeded, the reconstruction of the old house without the approval of the ** department is also an illegal construction. In short, those that have not obtained the approval of the first department are illegal construction, and the difference is that some are illegal and some are illegal. Illegal construction refers to the construction of buildings, structures and other engineering facilities in violation of laws and regulations on planning and management.

Building a house on a legally acquired homestead is not an illegal building. Rural residents who build houses must be reviewed by the township and approved by the county level before they can be implemented. Unauthorized combustion is an illegal construction.

Rural demolition and renovation of the original homestead, but also involves the issue of unified planning, need to apply for the "rural construction planning permit", after the corresponding application and approval of the permit (pre-permission in administrative management), and then by the town ** village construction management station to the site to set off the line before the construction can begin. Otherwise, it is illegal construction or no construction permit has been obtained.

The criteria for determining violations are as follows:

1) Buildings built without applying or applying for approval, and without obtaining a planning permit for construction land and a planning permit for construction projects;

2) Unauthorized alteration of the construction project planning permit provisions of the completed building;

3) Buildings built without authorization that have changed the nature of use;

4) Unauthorized use of temporary structures to become permanent structures.

Legal basis

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

Article 40 Where buildings, structures, roads, pipelines and other engineering are constructed within the urban or town planning area, the construction unit or individual shall apply to the urban and rural planning department of the city or county or the town of the province, autonomous region or municipality directly under the Central Government for a planning permit for the construction project.

To apply for a construction project planning permit, the relevant supporting documents for the use of land, construction engineering design plans and other materials shall be submitted. For construction projects that require the construction unit to prepare a detailed construction plan, a detailed construction plan shall also be submitted. For those who meet the regulatory detailed planning and planning conditions, the urban and rural planning departments of the city and county or the town people of the provinces, autonomous regions and municipalities directly under the Central Government shall issue construction project planning permits.

The competent departments of urban and rural planning of cities and counties or the people of towns and towns determined by the people of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the law, publish the general plan of the approved detailed planning and construction engineering design plan.

Do you need to apply for approval for the in-situ reconstruction of old houses in rural areas?

Now self-built houses in rural areas need to be approved before they are built, so should the old rural houses be approved for in-situ reconstruction?

As to whether or not to go through the formalities for the in-situ reconstruction of old rural houses, there are no laws and policies in China that make clear provisions. However, some local policies clearly stipulate that whether it is a new house on a site that is easily destroyed or a house is rebuilt in situ, it is necessary to go through land use procedures.

Taking Shanghai as an example, according to Article 36 of the Administrative Measures for the Construction of Rural Villagers' Housing in Shanghai, "those who reconstruct, expand, renovate or build new houses on the original site or build new houses according to the plan shall take Zheng Dang to go through the land use procedures, and the land use standards stipulated in these measures shall be implemented." "Due to the different regulations in different places, if you are not sure about the local policies, you should go to the local area to understand the relevant regulations and requirements before rebuilding the house.

Those friends whose houses have collapsed for several years should pay special attention before rebuilding their houses, because according to national policies, if the homestead is idle for more than two years, the homestead can be recovered collectively after the approval of the original approval of the people. In this case, it may be that your family no longer has the right to use the original homestead.

The compensation policy for the demolition of old houses in rural areas is as follows:

1. The compensation fee for the defects levied on rural houses shall be classified according to the structure and depreciation degree of the demolished houses, and calculated according to the unit price of square meters;

2. Rural houses shall be subject to turnover compensation, which shall be classified according to the temporary living conditions, and shall be subsidized monthly according to the population of the households of the demolished houses;

3. The incentive compensation fee for the expropriation of rural houses shall be determined by the local people according to the actual situation of the Li nationality land and the relevant laws and policies of the state, and shall not be arbitrarily changed.

The process of compensation for house demolition is as follows:

1. The housing expropriation and demolition department and the expropriated person shall negotiate the issue of compensation for demolition and relocation, and if the two parties reach a consensus through consultation, an agreement on compensation for expropriation and demolition shall be signed;

2. After signing the expropriation and demolition compensation agreement, both parties shall fulfill the obligations of the agreement, and the expropriation department shall pay the demolition compensation within the agreed time limit;

3. If one party fails to perform the demolition compensation agreement, the other party may file a lawsuit with the people's court;

4. If the housing expropriation department and the expropriated person fail to reach a compensation agreement within the signing period specified in the expropriation compensation plan, the housing expropriation department may make a compensation decision in accordance with the expropriation compensation plan and make an announcement within the scope of housing expropriation.

Legal basisArticle 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

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 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 those who are requisitioned.