The real estate certificate is the same as the person's ID card, which is a kind of proof of the ownership of the house, but in the demolition practice, there are often some people who do not have the real estate certificate, so is there compensation for the demolition of the unlicensed house?
The following is the analysis of Mr. Guo of Beijing Laishuo Law Firm on the compensation for the demolition of unlicensed houses, for your reference!
In practice, there are not many cases of unlicensed houses facing demolition, and when the warrant of the house can be completed is far from date, such as when the warrant has not been completed, when the house is facing demolition, it is easy to breed disputes. As economic housing prices soar, when houses are demolished, the compensation paid by the demolition department is often lower than the transaction price of the house. Therefore, unlicensed properties can only enjoy limited protection, and the property owner should apply for a real estate certificate in a timely manner.
Consideration of compensation for demolition and relocation of unlicensed real estate can be considered by considering the time of construction, the legislative situation at that time, whether there was inaction by the law enforcement agencies at that time, and other factors to comprehensively formulate a compensation plan for the expropriation of unlicensed houses.
1. Houses that seriously violate the Urban and Rural Planning and Land Management Law or maliciously rush to build houses that know that an expropriation announcement has been issued or are about to be expropriated may not be compensated. 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.
2. The house was built legally, but there is no legal property right certificate, which is caused by problems that cannot be attributed to its own historical legacy, and if the demolished person has lived in the above house for a long time, it should be legally compensated and resettled.
Unlicensed housing demolition compensation standards: The demolition compensation standards in each place are different, and the government department will estimate and compensate according to the local standards. You can check the specific provisions of the demolition announcement or consult with your local land department. If there is any objection, a reconsideration or lawsuit may be filed to carry out corresponding rights protection.
There are two types of compensation for house demolition:
1. The compensation method may be monetary compensation, or the exchange of housing property rights, or the combination of monetary compensation and housing property rights exchange.
2. The amount of compensation shall be determined by the real estate market assessment price according to the location, use, building structure, degree of newness and oldness, construction area and other factors of the expropriated house.
What are the considerations for unlicensed house demolition and compensation? - Expropriation and Compensation of Houses on State-owned Land- Beijing Laishuo Law Firm Land Requisition and Demolition Lawyer Group - Professional Land Requisition and Demolition Lawyer Team