In a land acquisition three years ago, the author came across a house built on state-owned land purchased by several households in his hometown, and all the farmers involved got state-owned land certificates. Although these state-owned land certificates have been kept relatively old, it really shows that the land of the houses built is state-owned, but both of them have applied for real estate licenses, but they have not applied for real estate licenses.
In rural areas, there are houses built by farmers on state-owned land, which I never thought of before, so I immediately reported to the district land acquisition and demolition office and asked for business guidance. They were also surprised when they arrived at the scene, and several families were involved. There are many reasons why they didn't apply for real estate license. Some of them find it difficult to apply for real estate licenses because of reconstruction. The same house has some state-owned land and some collective construction land (homestead), and it is also difficult to apply for real estate license.
In view of the fact that people do buy state-owned land for building houses, and ultimately respect the facts, in accordance with the procedures of house expropriation on state-owned land, the evaluation agencies selected from the evaluation intermediary library confirmed by the parties involved in the demolition shall be evaluated according to the original acquisition method and original use, and the amount of compensation for demolition shall be subject to the written evaluation report issued by the intermediary agency.
I wonder if your situation is the same as my friend's. Let me tell you something about my friend, hoping to help you:
My friend has a real estate, covering an area of about 3 mu, and has a certificate of transfer of state-owned land and commercial land; According to the approval of the construction plan, the above-ground building was approved to build a seven-story house. Due to the shortage of funds, he only built three floors, and then renovated them. It has been used for 1 1 year. In the meantime, he never applied for a real estate license, only a state-owned land certificate and a construction approval. Later it was demolished, and he lost 1 100 million. It is said that the compensation for demolition is based on the approved building area and floors, not on the actually built three-story house, but on the price discount, because the construction cost of four floors is saved.
It can be seen that there may be many reasons for having a land certificate without a real estate license. As long as your procedures are complete, these legal procedures will not be ignored when demolition; In addition, even if your situation is different from what I said, the real estate actually exists, and even if you compensate according to the temporary building, you will definitely get compensation. It's just that the compensation price standard between the certificate and the certificate will be different.
In the stage of rapid social development, all kinds of infrastructure are also improved with the improvement of supporting facilities, so demolition is very common. Most houses will be demolished in the future. What will happen if there is no real estate license for demolition? It doesn't really matter. It doesn't matter whether there is a real estate license or not. There is basically no compensation for direct demolition.
As long as both parties reach an agreement through consultation, the demolished house can also be bought and sold. However, if the seller does not transfer the house to the buyer, the property owner of the house is still the seller, and the buyer will not be able to get the compensation for the demolition when the house is demolished. In this case, the buyer can handle the house transfer formalities with the seller according to the requirements of the contract signed by both parties, or claim to terminate the contract. At this time, the seller shall be liable for breach of contract and pay compensation to the buyer.
In view of the fact that people do buy state-owned land for building houses, and ultimately respect the facts, in accordance with the procedures of house expropriation on state-owned land, the evaluation agencies selected from the evaluation intermediary library confirmed by the parties involved in the demolition shall be evaluated according to the original acquisition method and original use, and the amount of compensation for demolition shall be subject to the written evaluation report issued by the intermediary agency.
In the stage of rapid social development, all kinds of infrastructure are also improved with the improvement of supporting facilities, so demolition is very common. Most houses will be demolished in the future. What will happen if there is no real estate license for demolition? It doesn't really matter. It doesn't matter whether there is a real estate license or not. There is basically no compensation for direct demolition. I have been demolished twice, and the compensation price is determined according to the local living cost and land price. If you have a real estate license, you have to dismantle it, and the local land price is not high and the compensation is not much. On the contrary, because of the high land price, the compensation for unlicensed houses will be correspondingly high.
Many old houses need to be demolished in the urban expansion, but due to the long history, many houses do not have real estate licenses, but they are not illegal buildings. Then, the relocated households without real estate license will not get the compensation for demolition?
Compensation for house demolition is compensation for house ownership. According to the relevant regulations, it is not that the owner of the house can't get the compensation for house demolition, but that he can't prove that he is the owner of the house without the real estate license. There are many reasons why there is no real estate license, and different situations need to be explained separately.
1, an old house without real estate license
(1) If it is an old house in the countryside, because farmers build houses on their own homesteads, as long as the collective organizations can provide corresponding certificates to prove that the house was yours at the time of demolition, they can also get compensation for demolition.
(2) In the city, if the house has no property right, you can only find the person who sold it to you or the person who holds the property right certificate. The two sides negotiate to transfer the property to your name to correct that they have no property rights, otherwise they will not get the compensation for demolition.
2. Illegal construction
Because illegal buildings do not meet the requirements of urban planning, it is impossible to obtain real estate licenses through government approval, and the law does not protect the property rights of such houses. Therefore, in the process of demolition, the demolition parties can't get compensation, but this doesn't mean that the parties can't get any compensation, and the demolition people can get relocation subsidies and temporary resettlement subsidies. If the house is demolished and the property in the building is damaged, you can also get corresponding compensation.
3. Houses that are not shared.
As long as both parties reach an agreement through consultation, the demolished house can also be bought and sold. However, if the seller does not transfer the house to the buyer, the property owner of the house is still the seller, and the buyer will not be able to get the compensation for the demolition when the house is demolished. In this case, the buyer can handle the house transfer formalities with the seller according to the requirements of the contract signed by both parties, or claim to terminate the contract. At this time, the seller shall be liable for breach of contract and pay compensation to the buyer.
4. Houses with disputed property rights
If the property right of the house is unclear and there is a dispute between the parties, and one party has filed an objection to the registration with the house registration authority, the owner of the house may file a confirmation lawsuit and request the court to confirm the ownership of the house. Even if the holder of the real estate license has obtained the compensation for demolition, he can also ask for the return.
If you can't identify it as an illegal building and have no real estate license, you can still get appropriate compensation. Generally, compensation with reference to construction cost may be much less than legal and effective housing compensation.
Building a house on state-owned land is different from building a house on collective land! The house on state-owned land is not the decision of the demolition team! ! !
No matter whether you have a land certificate or not, you can get compensation as long as you have a real estate license, because the state recognizes all your rights to the property.
However, the nature of the land will have a certain impact on the compensation for demolition!
For example, developers who sell land may have higher costs and higher compensation when acquiring land, while the cost of allocating land is lower. It may be that it is partially mandatory to compensate the real estate without considering the land price factor during the demolition.
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Calculation method of compensation for house demolition
(A) housing demolition compensation calculation standards
(1) Monetary compensation for house demolition = appraisal price of legally owned real estate+agreed compensation amount for house decoration (or compensation amount for house decoration determined by appraisal).
(2) Housing demolition compensation price difference = legally owned real estate appraisal price+agreed housing decoration compensation amount or housing decoration compensation amount determined by appraisal)-the appraisal price of the house with property right exchange obtained by the demolished person.
(two) the calculation standard of housing demolition and resettlement fees
Look at the regulations on expropriation and compensation of earthen houses. Chapter III Compensation. Seventeenth city and county people's governments make decisions on housing expropriation, and the compensation they give includes: (1) compensation for housing value; (2) Compensation fees for relocation and temporary resettlement of expropriated houses; (3) Compensation for losses caused by construction, suspension of production or business. The people's governments at the city and county levels shall formulate measures for subsidies and incentives to give them. Eighteenth the expropriation of housing should meet the housing security conditions, and make a decision on housing expropriation. The people's governments at the city and county levels shall give priority to housing. The municipality directly under the Central Government shall formulate Article 19. The compensation for expropriation of houses is lower than the expropriation decision. The expropriation of houses is similar to the market price of houses. The house expropriation is determined by a qualified house price appraisal agency according to the appraisal determined by the house expropriation appraisal firm. If there is any objection to the expropriation of houses, it shall apply for the review and evaluation of housing price assessment agencies. The house expropriation evaluation office is formulated by the competent department of housing and urban and rural construction in the State Council, and is open to the public for comments. Negotiate and decide, and randomly select the equation to determine the specific office. The real estate price appraisal institutions formulated by provinces, autonomous regions and municipalities directly under the Central Government shall be independent, objective and open. Article 20 The expropriated person shall choose monetary compensation, and the expropriated person shall choose house property right exchange. The people's government at the county level shall provide houses for property right exchange and calculate them with the expropriated person. Settlement of the difference between the value of the house to be expropriated and the value of the house for property rights exchange. Old city reconstruction, house expropriation, location selection for reconstruction, and house expropriation decision. The people's governments at the city and county levels shall provide houses in or near the reconstruction area. Article 22 The house expropriation department shall pay the relocation fee to the expropriated person. Choose house property right transaction. Before the delivery of the house, the house expropriation department shall pay the house purchase price in Lin 'an or provide the revolving house to the expropriated person. Twenty-third compensation for losses caused by the construction, suspension or closure of the expropriated house shall be determined according to the benefits before the house expropriation and the period of suspension or closure. The specific offices shall be formulated by all provinces, autonomous regions and municipalities directly under the Central Government. Twenty-fourth city and county people's governments and their relevant departments should strengthen the supervision and management of construction and deal with construction that violates urban and rural planning. Before making a decision on house expropriation, the people's government at the county level shall organize relevant departments to investigate and determine that the unregistered buildings within the scope of expropriation have not exceeded the approval period, and compensate the temporary buildings; Determine the compensation for temporary buildings that violate the approval period. Article 25 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Regulations, conclude a compensation agreement on the compensation formula, the payment period of the compensation amount, the area of the property right exchange house, the relocation fee, the purchase fee of Lin 'an or the turnover house, the loss of production or business suspension, the relocation period, the ferry period and other matters, conclude a compensation agreement, fulfill the obligations stipulated in the compensation agreement, and bring a lawsuit according to law. Twenty-sixth housing expropriation departments and expropriation compensation cases determine the right to reach a compensation agreement or expropriation of houses within the signing period, and the housing expropriation departments shall report to the city to make a decision on housing expropriation. The people's government at the county level shall, in accordance with the provisions of these regulations, make a compensation decision according to the compensation situation, and make an announcement within the scope of house expropriation. The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in Article 25 of these Regulations. When applying for administrative reconsideration, a decision on expropriation compensation shall be submitted, and the implementation of house expropriation in accordance with Article 27 shall be preceded by compensation and resettlement. The people's government at the county level shall make compensation. Expropriation shall be stipulated in the compensation agreement or determined in the compensation decision. After the end of the relocation period, any unit will cut off water supply, heat supply, gas supply and power supply roads by violence, threat or violation of regulations. Forced requisition and relocation. The construction unit is prohibited from participating in the relocation. Twenty-eighth overdue application for administrative reconsideration or bring an administrative lawsuit shall be decided by the urban management department of house expropriation. The people's government at the county level shall, according to the people's court's application for compulsory execution, attach the materials such as the special account for compensation amount, the storage account number of the revolving house for property rights exchange, etc. Article 29 The house expropriation department shall announce the expropriation within the scope of house expropriation according to the establishment of the compensation file for house expropriation and the compensation by households. The auditing organ shall strengthen the supervision over the management and use of compensation fees, and publish the audit of the land-expropriated house expropriation and evaluation firm (full text). Construction Bureau of Xinjiang Production and Construction Corps: According to the Regulations on Expropriation and Compensation of Earth Houses, the Office of Expropriation and Evaluation of Earth Houses is hereby printed and distributed to you, please follow it. Please click the annex: Office of Expropriation and Evaluation of Earth Houses * * * Annex II of the Ministry of Housing and Urban-Rural Development June 3, 2008: Office of Expropriation and Evaluation of Earth Houses Article 1 In order to standardize the work of expropriation and evaluation of Earth Houses and ensure the objectivity and fairness of the conclusions of appraisal of Earth Houses, Article 2 These Measures are formulated in accordance with the Regulations on Expropriation and Compensation of Earth Houses. Applicable to the review, evaluation and appraisal of the market price of similar houses and the relevant evaluation results of land-expropriated houses. Article 3 of these Measures shall independently, objectively and openly display the appraisal of house expropriation for real estate appraisal institutions, real estate appraisers and experts (hereinafter referred to as expert members), be responsible for any unit's intervention in the appraisal of house expropriation, and avoid the interest relationship between appraisal and house expropriation. Fourth real estate price assessment agencies should be selected through consultation within the scope of collection provisions; It is stipulated that the house expropriation department should organize the house expropriation, vote according to the principle of taking less clothes, or take random methods such as drawing lots and shaking numbers. Provinces, autonomous regions and municipalities directly under the Central Government shall formulate provisions for real estate price assessment agencies to undertake house expropriation and assessment business by catering to the requirements of the expropriated persons, false propaganda and malicious low prices. Article 5 The principle of house expropriation evaluation for the same expropriation project is that the scope of house expropriation shall be borne by one real estate price evaluation agency and two real estate price evaluation agencies. The lead unit shall organize relevant real estate price appraisal institutions to evaluate the appraisal image, appraisal points, value connotation, appraisal basis, appraisal assumptions, appraisal principles, appraisal technical route, appraisal contents, selection of important parameters, and unified communication standards of appraisal conclusions. Article 6 When selecting or determining a house price appraisal institution, it shall be entrusted by the house expropriation department, submit a house expropriation appraisal power of attorney to the house price appraisal institution, and sign a house expropriation appraisal entrustment contract with it. The power of attorney for house expropriation evaluation shall specify the name of the entrustment, the name of the entrusted house price evaluation institution, the purpose of evaluation, the scope of evaluation, the evaluation requirements and the entrustment period. The entrustment contract for house expropriation evaluation shall specify the following items: (1) Basic information of the entrusted house price evaluation institution; (2) Certified real estate appraiser in charge of this appraisal project; (3) Basic items such as evaluation purpose, evaluation image and evaluation point; (4) The entrusting party shall provide the information needed for the evaluation; (five) the evaluation process of dual rights and obligations; (six) assessment fees and collection methods; (seven) assessment report delivery room, style; (8) Liability for breach of contract; (9) Settlement of disputes; (X) Matters needing explanation Article 7 A real estate appraisal institution shall assign a sufficient number of registered real estate appraisers who are suitable for the workload of house expropriation and appraisal projects to carry out appraisal work. Real estate appraisal institutions shall not transfer or transfer the entrusted house expropriation and appraisal business in disguised form. Article 8 The purpose of house expropriation evaluation is to describe the house expropriation department and determine the compensation for house expropriation, so as to provide a basis for the evaluation of the house expropriation value of property right exchange. The purpose of house expropriation evaluation is to describe the house expropriation department. The calculation of door and expropriation provides a basis for evaluating the difference between the value of the expropriated house and the value of the house used for property right exchange. Article 9 Before the house expropriation assessment, the house expropriation department shall organize the relevant units to investigate the situation of the house to be expropriated and make a clear assessment. The evaluation image should be comprehensive and objective, and the fictional house expropriation department should provide the information of houses within the scope of expropriation to the entrusted real estate price appraisal institution, including registered houses, unregistered buildings and survey results. The house ownership certificate shall be published within the scope of house expropriation and accurately recorded in the house register. Housing ownership certificate and housing register records lead to accurate housing register, except that there is evidence to prove that the housing register is indeed wrong. Unregistered buildings shall be recognized by the people's governments of cities and counties. Handling and evaluation: Article 10 The announcement of house expropriation decision at the house expropriation evaluation point is used for property right exchange. The time point of house expropriation and appraisal shall be the time point of house expropriation and appraisal. Article 10 The expropriation of house value refers to the transaction of land use right within the scope of house expropriation and its occupation. The transaction amount is voluntarily carried out by the expert points who are familiar with the transaction and the double fair transaction. Consider the impact of housing lease, mortgage and seizure. The consideration of the influence of lease elements mentioned in the preceding paragraph refers to the evaluation of the limited value of housing lease collection. Considering the influence of mortgage and seizure, that is, deducting the amount of mortgage secured creditor's rights from the evaluation value, in the case of default of construction project price, priority will be given to compensation. Article 12 A real estate appraisal institution shall arrange a registered real estate appraiser to collect the houses actually investigated, take photos and other video materials reflecting the internal and external conditions of the houses actually investigated, and keep them properly. The house expropriation department shall assist the registered real estate appraiser to collect the information needed for house value evaluation. The appraisers who expropriate the registered real estate shall sign or seal the actual measurement records to confirm the refusal of expropriation. The measured records shall be signed or sealed by the house expropriation department and the registered real estate appraiser. The third witness shall explain the situation in the evaluation report. Thirteenth registered real estate appraisers shall, according to the evaluation of the real estate market, income, cost and assumptions, analyze its applicability and select one or more types of houses to be expropriated for evaluation. Market evaluation is applied to similar real estate transactions. Income assessment should choose the economic benefits of expropriation of houses or similar real estate; The expropriation of housing construction projects should be based on assumptions, and the valuation should be based on two kinds of valuations, and the valuation results should be checked, compared and analyzed. The appraisal conclusion should be reasonably determined. Article 14 The location, use, building structure, old and new degree, building area and occupied area, land use right and other factors that affect the value of the house to be expropriated shall be considered in the evaluation of the value of the house to be expropriated, and the compensation for the relocation expenses of machinery, equipment and materials and the loss of production or business suspension shall be determined through consultation. Fifteenth house expropriation evaluation value is denominated in RMB, and the monetary unit is accurate to RMB. Article 16 A house expropriation assessment institution shall provide a preliminary household assessment to the house expropriation department according to the house expropriation assessment power of attorney or entrustment contract, and the conclusion of the preliminary household assessment shall include the assessment structure and the assessment value of its basic situation. The house expropriation department shall conduct a preliminary household assessment within the scope of house expropriation, and entrust a house price assessment agency to levy it during the publicity period. A registered real estate appraiser shall be arranged to explain the preliminary appraisal conclusion on the spot. The real estate appraisal institution shall fix the mistakes. Seventeenth after the expiration of the preliminary appraisal conclusion, the real estate appraisal institution shall provide the house expropriation department with the overall appraisal report of the house expropriated within the entrusted appraisal scope. The house expropriation department shall hand over the overall evaluation report to the house to be expropriated. The household appraisal report shall be signed by two registered real estate appraisers in charge of the house expropriation appraisal project and stamped with the real estate price stamp. The official seal of the appraisal institution replaces the signature. Eighteenth housing levy assessment business is completed, the housing price assessment agencies shall file the assessment report and related information. Article 19 If the expropriated person or the house expropriation department has doubts about the assessment report, the house price assessment institution shall explain it. Article 20 If the expropriated person or the house expropriation department has any objection to the appraisal report, it shall apply to the house price appraisal institution for review and appraisal within 10 days from the date of receiving the appraisal report. The original housing price assessment agency shall submit a written application for review and assessment, and point out the problems existing in the assessment report. Article 20 The original house price assessment institution shall review the change assessment report within 10 days from the date of receiving the written application for review and assessment. If the evaluation conclusion has not changed, it shall be informed in writing to apply for review and evaluation. Twenty-second objection to the review of the original real estate price assessment agency of the house expropriation department shall be handled in accordance with the provisions of Article 26 of the Regulations on the Collection and Compensation of Earth Houses. Twenty-third provinces, autonomous regions, housing and urban and rural construction departments shall organize the establishment of an evaluation expert committee, which shall be reviewed and appraised by the real estate price assessment agencies. The expert committee consists of real estate appraisers and experts in price, real estate, land, urban planning and law. Twenty-fourth members of the appraisal experts shall send experts to review the appraisal results. The number of experts is more than 3, and the number of appraisers is less than 2. Twenty-fifth expert members shall apply for an appraisal report within 10 from the date of receiving the appraisal application. Technical issues such as evaluation procedure, evaluation basis, evaluation hypothesis, evaluation technical route, evaluation selection, parameter selection and evaluation conclusion determination should be reviewed. The evaluation report shall be retained after the written evaluation opinions issued by the members of the evaluation experts. If there are technical problems in the appraisal report, the real estate price appraisal institution shall correct the mistakes and re-make the appraisal report. Twenty-sixth housing expropriation evaluation process should be evaluated according to the requirements of evaluation experts, and explain the related matters involved in the evaluation. The relevant units should assist in the identification, examination and evaluation of house expropriation. Identification of the need to query the expropriation of housing property rights exchange, housing ownership and related real estate transaction information, real estate management departments and relevant departments should provide convenience. Twenty-eighth in the process of house expropriation evaluation or with the cooperation of the house expropriation department or the expropriated person, provide relevant information. The real estate price appraisal institution shall make an appraisal report to explain the relevant situation. Twenty-ninth unless the government has special provisions on the price of houses for property rights exchange, the market value of houses for property rights exchange should be determined through evaluation. Article 30 The similar nature of the house to be expropriated refers to the same or similar nature of the house to be expropriated, such as its location, purpose, nature of rights, archives, old and new degree, scale and building structure. The market price of similar houses refers to the average transaction price of similar houses in real estate appraisal. The market price of similar houses should be determined. Parity should be eliminated. Thirtieth housing levy assessment, appraisal fees shall be borne by the client, in order to change the original appraisal. The assessment fee shall be borne by the original real estate price appraisal institution, and the review assessment fee shall be borne by the original real estate price appraisal institution. The appraisal fee shall be implemented in accordance with the charging standard stipulated by the government price department. Article 32 Real estate appraisers of house expropriation and appraisal institutions will be punished if they violate the Regulations on the Expropriation and Compensation of Earth Houses, the Measures for the Administration of Real Estate Appraisal Institutions and the Measures for the Administration of Registered Real Estate Appraisers. The fee is charged by the government price department in accordance with "Huamin * * *". Price "stipulates punishment Article 33 The Office shall implement the Guiding Opinions on Urban Housing Demolition and Valuation issued by the former Ministry of Construction as of the date of promulgation, and the Regulations on the Collection and Compensation of Earth Houses shall be abolished at the same time. Before the implementation, the original provisions will continue to be used for projects that have been in accordance with the housing demolition permit.
No matter whether you have a land certificate or not, you can get compensation as long as you have a real estate license, because the state recognizes all your rights to the property.
However, the nature of the land will have a certain impact on the compensation for demolition!
For example, developers who sell land may have higher costs and higher compensation when acquiring land, while the cost of allocating land is lower. It may be that it is partially mandatory to compensate the real estate without considering the land price factor during the demolition.
In fact, as long as you have a land certificate and then you build a new house, you just need to apply. There is already a map card underground, which can be used. And you already have a map, so really don't bother. Just make one. If you make one, he won't tear you down, and then he will give you compensation for the demolition. ,