The house built for his son in the countryside does not have a real estate certificate for aerial ph

The house built for his son in the countryside does not have a real estate certificate, so that aerial photography cannot be forcibly demolished. 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 determine whether they are illegal buildings based on the history of the houses, whether they conform to urban and rural planning, and whether the homestead is obtained in accordance with the law. If the construction project planning permit is not 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.

There is no compensation for the demolition of illegal buildingsIf 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 to the illegal builder 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.

This depends on whether you have the right to use the land, if you have the right to use, the other party cannot demolish it, but if you do not use the house built on it, it is an illegal building.

Whether it can be forcibly demolished depends on the specific situation, if there is no real estate certificate but it is approved to build a house, then it should not be demolished, but if it is not approved, then, Article 78, paragraph 1 of the "Land Management Law" stipulates: If a rural villager illegally occupies land to build a house without approval or by fraudulent means to obtain approval, the competent department of agriculture and rural affairs of the 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.

Hello, whether the house built in the countryside is newly built, whether there are statutory approval procedures, the following situations are illegal construction: the house built on the cultivated land is an illegal building, the simple house built by farmers is an illegal building, the house in the greenhouse is an illegal building, and the house not built according to the approval requirements is an illegal building.

If the house you built is legal, then the demolition is illegal, and you can call the police and record it in time as evidence to sue the court for illegal demolition and apply for state compensation.

This mainly depends on the place where you build the house, the nature of the land, if it is construction land, it can be built.

The following situations are illegal construction: houses built on cultivated land are illegal buildings, simple houses built by farmers are illegal buildings, houses in greenhouses are illegal buildings, and houses not built in accordance with the approval requirements are illegal buildings.

A house without a title deed does not necessarily have to be demolished. It should be noted that the absence of a real estate certificate does not mean that it is an illegal building, and it is an illegal building. As long as there are legal approval procedures for building land, even if the real estate certificate has not been applied, it is still a legal building, and compensation should be given in accordance with legal procedures when demolishing.

[Legal basis].

Article 83 of the Land Management Law shall, in accordance with the provisions of this Law, order the demolition of newly built buildings and other facilities on illegally occupied land within a time limit, the construction unit or individual must immediately stop the construction and demolish it on its own; If the construction continues, the organ that made the penalty decision has the right to stop it. If the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a set period of time, it may file a lawsuit with the people's court within 15 days of receiving the decision to order demolition within a set period of time; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the offender.

Hello, my answer to your question is as follows: if your land is legal and valid, then you have the right to build a house on it, but if you want to get compensation, you have to ensure that your house is a legal building, that is, you have to go through the relevant approval procedures, otherwise it should be regarded as an illegal construction and cannot be compensated. Therefore, you should first complete the procedures for building a house so that you can be compensated.

Since there is no bottom, don't cover it, our great motherland, the law is too flexible, the implementation is unreliable, it is the leaders who have the final say, I think... Alas, if you can get compensation, you can't cover it, and you can also get to "We Have an Example".

The second paragraph of Article 36 of the Land Management Law stipulates that "it is forbidden to occupy cultivated land to build kilns."

Du built graves or built houses on cultivated land without authorization, and dug sand dao

Quarrying, mining, soil extraction, etc. "As long as your family's old house has been approved, it is no longer cultivated and other areas, and it meets the principle of one house per household, it is a legal and valid real estate. It is now possible to reissue the Rural Property Ownership Deed.

1. If there is no real estate certificate, it is not illegal and disorderly construction.

2. Illegal and disorderly construction refers to the construction of a house without approval, or after approval, but the location, area and approval of the construction are inconsistent.

According to the relevant provisions of the "Land Management Law", the approval procedure for farmers to build houses is: farmers apply to rural collective economic organizations or villagers' committees, and after discussion and approval by villagers' committees or villagers' congresses, they will be reviewed by the people of townships (towns) and then submitted to the people at the county level for approval; Among them, those involved in the occupation of agricultural land shall go through the approval procedures for the conversion of agricultural land in accordance with the law.

Specific handling: Rural villagers who build houses in the planning area of villages and market towns shall first submit an application for building a house to the villagers' committee, and after discussion and approval by the villagers' meeting, it shall be handled in accordance with the following examination and approval procedures:

A) the need to use cultivated land, by the township-level people's review, the Municipal Construction Bureau review and consent and issue a site selection opinion, in accordance with the "Land Management Law" to the Municipal Bureau of Land and Resources to apply for land, approved by the Municipal People's Bureau, by the Municipal Bureau of Land and Resources allocation of land;

2) The use of the original homestead, vacant land in the village and other land, by the township-level people according to the village, town planning and land use planning review and approval of the Municipal Construction Bureau.

Urban non-agricultural residents who need to use collectively owned land to build houses in the planning area of a village or market town shall, with the consent of their unit or residents' committee, handle it in accordance with the examination and approval procedures provided for in item (1) of the preceding paragraph.

Workers, veterans, retired and retired cadres who have returned to their villages or market towns to settle down, as well as overseas Chinese, Hong Kong, Macao and Taiwan compatriots who have returned to their hometowns to settle down, and need to use collectively owned land to build houses in the planning areas of villages and market towns, shall handle the examination and approval procedures provided for in item (1) of the first paragraph of this article.

1. If it conforms to the plan, it is not counted in the process of going through legal procedures, but if there is no land and real estate approval procedures, it is an illegal building, generally speaking, if the house does not have relevant documents and is identified as an illegal building, then there is no way to get compensation, or only a small amount of compensation.

2. According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land, before the local government decides on the expropriation of houses, it shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law. If the parties are not satisfied with the disposition, they may apply for administrative reconsideration in accordance with law, and may also initiate an administrative lawsuit in accordance with law.

1.Rural houses generally require three documents: first, the certificate of homestead use right; the second is planning permission, land use permit, construction permit; The third is the real estate certificate (real estate unified registration certificate).

Because the issuance of rural housing licenses has just begun to be piloted, the situation is different in different places, and it is necessary to go to the relevant local departments for specific consultation.

2.If it is found to be an illegal building, but there are historical and practical reasons, appropriate compensation should be given to the parties. There are two types of specific compensation, one is housing resettlement compensation, which is the compensation for replacing old houses with new ones, which is generally a one-time compensation; The second is temporary resettlement compensation, which is generally subsidized on a monthly basis, and the subsidy standard is not uniform in different places.

Kainuo lawyer Jia Qihua, hello It depends on the specific situation, if your house is an old house and has been built for a long time, then there is no certificate and there is a source of circumstances. However, whether it is an unlicensed house or a legal house, as long as it is not demolished through legal procedures, it is illegal, and the expropriated person can take legal measures.

Demolition without the consent of the de facto owner is another matter, and without a title deed, that's another matter.

Without a property right certificate, it is considered an illegal building, and it is not illegal to demolish it, and at most it will cost money.

As far as the issue of "how to deal with rural houses without homestead certificates", when confirming the ownership of rural houses, they will generally face fines or reissue homestead certificates, as follows:

1. Fines. For some rural houses without a homestead certificate, it may be an illegal building, that is to say, there are cases of building without approval, multiple houses per household, etc., for this kind of illegal building, it is necessary to face a fine or the house is demolished.

2. Reissue the homestead certificate.

For rural houses without a homestead certificate, it may be caused by the owner neglecting the certificate, and if the house conforms to the local administrative plan, then the householder can apply for a replacement of the homestead certificate.

Reissue of homestead certificate for rural houses:

1. When meeting the conditions for handling the homestead certificate, the homeowner can reissue the homestead certificate, first of all, you need to submit the application for the homestead certificate, bring the necessary information such as ID card and household registration book, and fill in the relevant information for the homestead certificate, and sign and seal after the preliminary examination and approval of the village.

2. Then the village committee will submit the applicant's needs to the township land institute and housing management department, if the information is correct, the township will arrange the relevant staff to visit the site, and after passing the assessment, the head of the household will fill in the relevant application form, and the department leader will confirm and agree after stamping, and then all the application materials will be transferred to the county ** for verification and review, and the villagers can receive the homestead certificate with their ID cards after the county has passed the audit.

3. When reapplying for a homestead, it may involve costs such as production costs, so it is best to prepare in advance to avoid delaying the processing of documents.

Hello, if you don't have a house license for your house, it is possible for the relocation management department to ask the real estate department to confirm the ownership of your house. After the confirmation of ownership comes out, it is not directly related to whether your house can be forcibly evicted in the strict sense. After the right is confirmed, you are a licensed house, and compensation will be made according to the standard of a licensed house, if there is no confirmation of the right, you are an unlicensed house, if you can guarantee it.

If there is no illegal occupation, then your house is not listed as an illegal building, which means that compensation should be given according to the standard of unlicensed housing. On the whole, whether your house can be forcibly evicted is not directly related to the success of your right confirmation. Even if there is no lack of rights, compensation should be made according to the standard of an unlicensed house.

Only houses listed as illegal buildings are likely to be demolished. Of course, if you fail to reach an agreement on compensation for eviction, the relocation department can carry out compulsory demolition of your house in accordance with relevant laws and regulations.

The house can not be without a license.

Confirmation of rights registration.

That must be non-compliant, now do things pay attention to evidence and procedures, if there are legal procedures, then there must be no problem, you have violated the relevant regulations, then you must be dealt with according to law, but you can't get the proper procedures, and then also forcibly demolish your house, this is indeed a bit non-compliant, you can reflect to the relevant departments, ask for help from the news**, now the Internet is also very fast, but the premise is that you do not violate the rules, you will get the support of the public, in order to get everyone's support, Finally, I wish that your problems can be solved in a timely manner and your rights can be safeguarded, thank you.

If you build a house in your homestead, don't you go to the village committee to go through the formalities of building a house, and the law enforcement brigade can forcibly demolish it! The next step is to communicate with the village committee and go through the relevant procedures as soon as possible, so that the leaders of the village committee can tell the law enforcement brigade that they will not demolish your house! This is the consequence of not taking the village committee into account!