How to determine the legal area of two-story or multi-story house demolition in rural areas?

First, there is no direct relationship between the determination of legal area and the number of floors in rural housing demolition. The most important thing is to determine the legal area according to the housing property registration and construction time. It is a typical illegal building. Second, in rural housing demolition, as long as the areas outside the housing property registration are not rushed to build, compensation will be made according to regulations.

This is the answer given by the author who has been engaged in rural house demolition in detail and combined with local policies and work practice.

First of all, share a demolition case where the number and area of houses are inconsistent with the property right registration.

This is a case handled by the author. The current situation of this farm house is four floors, but it is three floors registered in the real estate license, which is obviously more than 1 floor and the area is much larger. However, it was confirmed by interviews and relevant personnel in the village community that the farmer's farmhouse was built at one time and did not belong to rush construction. Finally, during the demolition compensation, the extra 1 building area on the certificate was legally compensated.

Secondly, in rural house demolition, houses without property registration are compensated as long as they are not rushed to build.

(a) It is easier to identify the construction boom. The approval of buildings in this area has stopped, and it is obvious that buildings can no longer be built. At this time, the construction started without any approval procedures, which is a typical rush to build.

(2) In reality, most unlicensed houses do not belong to rush to build. These houses are mainly auxiliary houses such as toilets, pens and kitchens built outside the main house for people's production and life. These houses, which have been built for a long time and have been used for many years, are called unlicensed houses in demolition, and do not belong to houses that cannot be compensated by rushing to build.

(3) Compensation policy for unlicensed house demolition. According to the demolition of farmers certified housing area, according to the provisions of compensation. The author here is that the area of unlicensed housing does not exceed 50% of the area of certified housing, and compensation is made according to the compensation standard of certified housing; More than 50% of the part will be compensated according to 80% of the compensation standard for certified houses.

The identification of the nature and area of the demolished house is the pre-procedure for evaluating the demolished house. According to the second paragraph of Article 12 of the Guiding Opinions of the Ministry of Construction on Urban Housing Demolition Assessment (hereinafter referred to as "Guiding Opinions"), the nature and area of the demolished houses are generally subject to the records of the housing ownership certificates and ownership files; There are special provisions on the identification of the nature and area of the house to be demolished, from which provisions shall prevail; Where there is an agreement between the demolisher and the demolished on the nature or area of the demolished house, the negotiation result shall prevail.

The administration department applied for confirmation. If the area of the house to be demolished cannot be reached through consultation, it may apply to the housing area assessment agency established in accordance with the Measures for the Administration of Real Estate Surveying and Mapping for assessment; Without the establishment of housing area assessment agencies, you can entrust a real estate surveying and mapping unit with real estate surveying and mapping qualifications to calculate.

How to determine the legal area of two-story or multi-story house demolition in rural areas?

Paragraph 4 of Article 12 of the Guiding Opinions stipulates that specific issues concerning the identification of the nature and area of the house to be demolished in demolition shall be solved by the municipal and county planning administrative departments and real estate management departments.

In house demolition, the demolition party will generally take the area marked on the house ownership certificate (real estate certificate, homestead certificate and other valid ownership certificates) as the basis for calculating the demolition area. For unregistered houses, the area on the relevant building approval documents shall prevail. If there is no ownership certificate, an appraiser is required to conduct field measurement.

How to determine the legal area of two-story or multi-story house demolition in rural areas?

Here, the lawyer reminds that in the actual process of house demolition, houses without property certificates may be identified as illegal buildings and cannot be compensated. In fact, unlicensed buildings are not the same as illegal buildings. For unlicensed buildings, reconstruction and expansion, all parties should conduct specific investigations, such as the construction period of houses and the reasons for unlicensed buildings.

In addition, in the process of land acquisition and demolition, the compensation for multi-storey houses will be determined according to different policies in different places. For example, according to local laws, only four floors are allowed to be built on the homestead, so it is illegal to exceed four floors. Therefore, we should pay attention to whether the number of floors is legal and reasonable, and whether the usable area exceeds the construction area, so as to get as much compensation as possible when demolition.

In the actual demolition process, the compensation value of the demolished house is related to many factors such as the area, use and nature of the house, and the legal provisions involved are also very complicated. If the demolished person has any objection to the house value evaluation, he can seek the help of a professional lawyer.

With the pace of urbanization, houses in many villages and towns have been demolished. Since it is demolition, there needs to be a compensation standard. The key point of this standard is the area of the house. So how should the area of this house be determined?

Self-built houses in rural areas have always lacked standardized management. Many houses were built by the villagers themselves. There is no relevant formalities and no reply. In terms of area identification, it is actually more troublesome.

After the registration of real estate began, self-built houses in rural areas all over the country gradually began to be renewed. Of course, this replacement work is not a carpet, but only when a villager needs to mortgage his property, because now the bank only recognizes the real estate license. Moreover, new property mapping will be carried out when the replacement card is issued. In the new real estate surveying and mapping, generally speaking, there is a principle that the area of the past real estate license shall prevail. In other words, in the past, some houses on the real estate license can be counted, and the houses that were not were basically newly built. If there is no relevant formalities, the area cannot be counted. Therefore, the process of demolition of rural self-built houses is the same. Of course, there will be deviations in local policies, but the general principle remains unchanged. If the operation is flexible, it will also give some help to the villagers. As long as it is not rushing to build, it can generally be counted in the area. )

But now the trend of self-built houses demolition in rural areas is like this. As soon as the villagers heard the news of the demolition, they began to build houses crazily. This is also to get more compensation in the future. Generally speaking, someone will re-survey and calculate the area of each household in the early stage of demolition. Measure the existing housing area at a certain time node at the latest. The area rebuilt afterwards cannot be included in the compensation standard. There are still some villages that have not been demolished, but the surrounding areas will be demolished sooner or later. Then villagers in such areas will start building new houses several years or even ten years in advance. The original one-story bungalow may become a five-story building when it is demolished. If all the houses in the village are like this. Then if the law does not blame the public, compensation can only be made according to certain standards. Because many previous houses have been unrecognizable, it is impossible to verify when these houses were built. But if only a few villagers build their own houses, they will be demolished as illegal buildings.

Therefore, as long as it is not a house built illegally or rushed to build, the compensation area for demolition will be determined according to the original real estate license. If you rob a new house, it depends on the tightness of local policies. But in any case, someone will re-map the house, and there will be an evaluation company to evaluate the compensation value of each part on the spot.

If it is not built after the demolition announcement, it is usually identified as Nanjing Xujian sketch according to the actual area for public reference.

It does not exceed the local homestead building regulations, and it is legal. If it is rebuilt, the increase is that there are differences in judgments in different places in practice.

Some floors exceed the standard, that is, they do not meet the requirements, so it is difficult to get compensation.

In some areas, a range is set, and how many square meters of compensation is needed. If it exceeds, the compensation will be less.

Before the aerial photography in 2008, there was no room photo plus the real estate license area of our house. Solve problems left over from history. 20 10 aerial photography without room 10 m to 8m 20 16 aerial photography without room 1 m 800 yuan. 20 19 these days, there is no room for 200 yuan to take a photo of one meter. From next year, there will be no relocation of aerial photography, and we will not give any money. We will try our best to give planning permits and construction permits. Only when the documents are complete can we get reasonable compensation.

We compensate a suite at 240 square meters, and the excess is about 800 square meters.

According to the Property Law of People's Republic of China (PRC) and the Property Law of People's Republic of China (PRC), the right to use the homestead has three kinds of rights: underground, overground and overground.

Did you get approval from relevant departments when your house was demolished and stamped, such as planning permit and construction permit (if not, will it be reissued later)? If so, the demolition shall be compensated according to the changed (expanded) construction area in the planning permit plus the original building ownership certificate area. If you can't provide relevant certificates, that is, the reconstruction and expansion project is an illegal building area, the compensation for demolition shall be based on the area marked by the original house ownership certificate, and the illegal part shall be compensated or not according to the provincial (opinion) regulations. According to your situation, in fact, the actual area of the house has shrunk, and compensation will be given according to the use area marked on the original house ownership certificate when demolition. If you change your name, it depends on whether it is before or after the demolition. Before the demolition, after paying various taxes and fees, it will be distributed according to the original area. There is no need to move right away. If it is after the demolition, it depends on the compensation method: whether to collect the cost of giving up property rights or to buy a new demolition and resettlement house after deducting the original area. In short, the demolition compensation will be calculated in strict accordance with the standard area of the original house ownership certificate. If the demolition unit deducts the area for various reasons, it may apply to the demolition management office of the Municipal Housing Authority for recalculating the resettlement area.

In recent years, due to the construction of new countryside and small towns, many villagers' homesteads (houses) have been demolished, which is more common. A series of problems such as the construction of new countryside and small towns, planning and restructuring are indispensable.

I think there are two points in the question book that need to be clarified, and that is to communicate and share with all my friends.

First, as we all know, "one household, one house" is the old rule for rural residents to occupy and use homestead, and it is the "old yellow calendar" of rural areas throughout the country.

Second, rural residents' possession and use of village collective land for homestead is first of all the official residents of the village where they live, which conforms to the qualifications and rights of rural homestead possession and use, and secondly, it must be "one household, one house", and the acquisition of homestead must also conform to the approval and confirmation of the land and resources department of the village.

Third, after rural residents have the right to legally acquire the homestead, they can build their own houses according to the planning of local villages and towns and the requirements of the Ministry of Land and Resources. Relatively speaking, although some places have macro requirements and arrangements for rural residents to build houses, farmers are their own business. Therefore, some villagers intend to break ground with their own ideas. At that time, a village and villagers had many different styles of buildings and houses.

From the above, it can be seen that how to compensate for the demolition of the second floor and multi-floors, whether the second floor and multi-floors are legal or illegal, and how to divide the compensation area are bound to affect the interests of the villagers.

The above problems are estimated to be different in operation and implementation. In my opinion, it is natural for farmers to build their own houses in line with the requirements and norms of local villages, towns, land and planning departments. Generally speaking, as long as it conforms to the norms of the local planning and land department, compensation should be paid in the case of demolition. On the contrary, it's hard to say, and it's hard to say.

The above problems have caused some contradictions and disputes in recent years, and these contradictions and disputes have their own causes.

The government has corresponding regulations on residents' house demolition, but we are a big country with a large population and many residents. When it comes to specific villagers' house demolition, compensation practices vary from place to place. It is suggested that this netizen go to the local urban and rural planning and land and resources department to follow up.