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Whether the house to be demolished has a house property certificate How to prove it

Time: June 28, 2024 label: Land acquisition and demolition House demolition Reading: 1281 people
Lawyer's analysis:
Because the city Demolition Placement of the housing The planning and implementation of statute It is mainly aimed at reasonable resettlement and compensation for residents affected by demolition. Therefore, the residents of the resettlement houses built by legally qualified real estate developers with demolition permits through rigorous and thorough demolition procedures can gradually obtain the ownership certificate of the houses in the future.
Just wait a little, because property ownership certificate It may take a period of time before the process is completed.
In the process of practical operation, in order to maximize commercial interests, the total number of houses built by real estate developers on the land used to resettle residents usually exceeds the criteria for resettlement needs assessment, and when they pay the corresponding land use right After the transfer fee, the surplus houses can be sold as market commodities.
It is worth noting that these properties have actually been separated from the original definition of resettlement housing. They are just like ordinary houses Commercial housing In that way, it has the legal status of direct external sales and open transactions in the market.
Legal basis:
Article 15 of the Regulations on the Acquisition and Compensation of Houses on State owned Land
The housing expropriation department shall organize the investigation and registration of the ownership, location, use, building area and other conditions of the houses within the scope of housing expropriation, and the expropriated person shall cooperate. The investigation results shall be announced to the expropriated within the scope of house expropriation.
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The standard of demolition compensation varies according to the specific conditions of regions, policies and demolition projects, so a specific unified amount cannot be given. Demolition compensation usually includes the following aspects: housing value compensation: according to the area, structure, service life and geography of the demolished houses

There is no unified national regulation on the compensation standard for demolition, because it is affected by many factors, including region, housing type, degree of old and new housing, geographical location, local economic development level, market demand, etc. Therefore, the demolition in different areas and under different circumstances

The standard of demolition compensation varies according to the specific conditions of regions, policies and demolition projects, so a specific unified amount cannot be given. Demolition compensation usually includes the following aspects: housing value compensation: according to the area, structure, service life and geography of the demolished houses

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  • What is the compensation standard for rural demolition in Wuhu

     Legal Advisor

    Legal Advisor

    The benchmark price calculation formula is based on the brand new market value, service life coefficient and floor location influence, plus the regional market price, to ensure a fair assessment. The compensation is determined by the actual construction area and the benchmark price. In the housing demolition, the key is to have clear compensation standards for the replacement prices of various types of buildings, such as steel concrete (1637 yuan/m2 for low floors), mixed (1646 yuan/m2 for high floors), brick and wood (1374 yuan/m2 for floors, 1248 yuan/m2 for single floor brick and wood) and other structural types.

    Views: one thousand and seventy-eight 2024-06-30
  • How to deal with demolition only with compensation but not resettlement

     Legal Advisor

    Legal Advisor

    Government assistance can be sought when dealing with resettlement problems that have not been settled in history. There are two options for rural demolition: monetary compensation (determined according to the replacement price of construction and installation, the price of land use right and subsidies, which need to be evaluated by professional evaluation agencies) and property right house exchange. The specific monetary compensation amount is determined by the construction and installation price, land use right price and subsidy multiplied by the area, and the land use right base price and subsidy standard are formulated and disclosed by the local government according to the actual market situation. The evaluation process should follow the principle of original reconstruction price.

    Views: eight hundred and twenty-five 2024-06-30
  • What is the general compensation standard for house demolition

     Legal Advisor

    Legal Advisor

    The demolition and reconstruction unit shall pay compensation to the property owner or user according to laws and regulations, mainly including housing compensation fees (estimated according to the housing structure and condition), turnover compensation fees (issued according to the population and rental demand), and incentive compensation (encourage cooperation with demolition). The compensation standard is formulated by the local government in accordance with laws and regulations, and the housing value is subject to the market price of similar real estate as the lower limit, which is assessed by professional institutions. The Regulations on the Acquisition and Compensation of Houses on State owned Land clearly stipulates this.

    Views: one thousand three hundred and fifty-six 2024-06-30
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  • Is there any compensation for demolition without property certificate

    1439 people read

    The loss of the house property certificate will affect the demolition compensation. If the house is legally built, it should still be compensated without property certificate; However, if the house is not legally approved, it cannot enjoy compensation. The specific demolition standards vary from region to region. It is recommended to consult the demolition announcement of the local government or consult the land management department for detailed information.

  • Who will receive the demolition funds after purchasing the rural homestead

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    The ownership of housing demolition funds for rural homestead depends on the legality of housing sales and the agreement between the two parties. Generally, only the collective members of the village can hold the ownership and use right of homestead, and the compensation shall be paid to the transferee when transferring. However, if sold to non village members, the transfer may be invalid, and the compensation shall be returned to the restored owner.

  • What if we illegally seize the car shed in the community

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    If the public parking lot in the community is illegally occupied, you can complain to the management agency or law enforcement department, or try friendly negotiation. The section roads and public spaces shared by the owners are converted into parking spaces, which are the resources shared by the owners. If the unauthorized occupation of public parking space infringes upon the rights and interests of others, it shall bear legal liability.

  • Is the lessee the levied person

    1714 people read

    Indeed, if the other party fails to perform its obligations, the lessor has the right to pursue its liability for breach of contract through civil litigation. Although the contract stipulates that the government demolition compensation has nothing to do with the lessor, it especially emphasizes that only the lessor is exempt from liability, and the leased facilities and equipment shall be compensated at the market price. As a stakeholder, the leaser should pay attention to the expropriation compensation scheme in a timely manner, understand its own rights and interests, and actively participate in the expropriation process to protect its legitimate rights and interests. Please keep in mind the principle of "compensation before relocation". The lessee has the right to refuse to relocate before receiving compensation.