How to compensate for the demolition of a house without property rights?

Compensation for house demolition is compensation for the property rights of the house. According to the relevant urban housing demolition management regulations, the person being demolished refers to the "owner of the house to be demolished", and without the relevant supporting documents that he is the legal owner of the house, he is not a party to the demolition in the legal sense, and there is no relevant legal support to obtain compensation for house demolition. There are two cases:

If the real estate certificate in the name of another person has not been transferred, you can claim compensation from the seller, and if the two parties fail to negotiate, you can file a lawsuit with the court; However, if the house has not obtained the relevant procedures and cannot apply for the real estate certificate, it will be demolished without compensation.

Legal basis: Article 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 on housing expropriation 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.

Hello, it depends on the specific situation, but if it is caused by historical problems, then in principle, it is necessary to compensate the expropriated person accordingly.

Legal analysis: the expropriated person refers to the owner of the expropriated house in the slip form, if there is no house ownership certificate or the certificate of the legal house owner, under normal circumstances, it will not get compensation for house demolition, and it will be dealt with according to the actual local situation.

Legal basis: 1. Article 2 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land provides that for the needs of the public interest, fair compensation shall be given to the owner of the expropriated house (hereinafter referred to as the expropriated person) for the expropriation of the houses of units on state-owned land and the houses of individuals who have been vacated by hunger.

Compensation for the demolition of houses without property rights needs to consider various factors such as the time of construction, the legislative situation at the time, and comprehensively formulate a compensation plan for the expropriation of unlicensed houses. Compensation may not be paid for houses that have seriously violated urban and rural planning and land management laws, or who have been built in bad faith knowing that an expropriation notice has been issued or is about to be expropriated. However, regardless of whether the expropriated person's house is illegally built, fair and reasonable compensation should be given to the expropriated person's land use right.

Land Management Law of the People's Republic of China

Article 48.

Fair and reasonable compensation shall be given for land expropriation, so as to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed.

Land expropriation shall, in accordance with the law, timely and full payment of land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange social security expenses for land-expropriated farmers.

The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years.

The compensation standards for expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Rural villagers' houses shall be compensated first and then relocated, and their living conditions improved, and the wishes of rural villagers shall be respected, and fair and reasonable compensation shall be given by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and lawful rights and interests in housing property.

Local people at or above the county level shall include land-expropriated farmers in the corresponding social security systems such as old-age pensions. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as pension insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security expenses for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.