Laohuangli aerial photography

First of all, 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, when demolishing rural houses, as long as there is no rush to build in areas other than the registration of house property rights, compensation will be made according to regulations.

This is the answer given by the author who has been engaged in rural house demolition for a long time 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 registration of property rights.

This is a case handled by the author. The current situation of this farmer's house is 4 floors, but it is 3 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 of 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 period, the construction area of the certificate exceeding 1 was legally compensated.

Secondly, in rural house demolition, as long as houses without property rights registration are not robbed, there is compensation.

(a) It is easier to identify the building boom. The area has stopped building approval, and it is obvious that no more buildings can 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 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 certified housing area of the demolished farmers, compensation shall be made according to the regulations. 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 the evaluation of the demolished house. According to the second paragraph of Article 12 of the Guiding Opinions of the Ministry of Construction on the Evaluation of Urban Housing Demolition (hereinafter referred to as the Guiding Opinions), the nature and area of the demolished houses are generally subject to the records of the house ownership certificate and the ownership file; 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 administrative department applies 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 usually takes the area marked on the house ownership certificate (real estate certificate, homestead certificate and other valid ownership certificates) as the standard, which is used as the calculation basis of the demolition area. For unregistered houses, the area on the relevant building approval documents shall prevail. If there is no proof of ownership, the appraiser needs to carry out 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 ownership 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, renovation and expansion, all parties must 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, compensation for multi-storey houses will be determined according to different local policies. For example, according to local laws and regulations, only four floors are allowed on the homestead, so it is illegal to exceed four floors. Therefore, it is necessary to pay attention to whether the number of floors is legal and reasonable, and whether the usable area exceeds the building area, so as to obtain as much compensation as possible during the 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. 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 renewal work is not carried out in a carpet way, but only when villagers need to mortgage their property, because banks only recognize property ownership certificates now. And when the replacement card is issued, a new property mapping will be carried out. In the new real estate surveying and mapping, generally speaking, there is a principle, that is, the area on the past real estate license shall prevail. In other words, in the past, some houses on the real estate license can be counted, and houses without real estate license are 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 you operate flexibly, you will also give some help to the villagers, as long as it is not a rush to build, it can generally be counted in the area. )

However, the current trend of self-built houses demolition in rural areas is like this. Once 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, in the early stage of demolition, someone will re-survey and calculate the area of each household. The existing housing area will be measured at a certain time node at the latest. After that, the rebuilt area cannot be included in the compensation standard. There are still some villages that have not been demolished, but will be demolished around the demolition area 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 after being demolished. If all the houses in the village are like this. Then if the law does not blame the public, it can only make compensation according to certain standards. Because many previous houses are unrecognizable, it is impossible to verify when these houses were built. However, if only a few villagers build their own houses, they will be demolished as illegal buildings.

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

If it wasn't built after the demolition announcement, it should usually be determined as a short article of Nanjing Jian Xu according to the actual area for public reference.

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

Some floors exceed the regulations, that is, they do not meet the regulations, 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 is exceeded, the compensation will be less.

Before the aerial photography in 2008, there was no room photo plus the property right certificate area of our house. Solve problems left over from history. 20 10 aerial photo without room 10 m to 8m 20 16 aerial photo without room 1 m 800 yuan. 20 19 there is no place to take a photo of 200 yuan a meter this year. From next year, we will not give any money to the relocation without aerial photography, and try to give planning permits and construction permits. Only when the documents are complete can you 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), the owner of the homestead has the right to build houses underground, above ground and above ground.

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 will be compensated according to the changed (expanded) construction area on 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 construction area, the demolition compensation will be based on the area marked in the original house ownership certificate, and the illegal part will be compensated or not compensated according to the provincial regulations (opinions). 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 immediately. If it is after the demolition, it depends on the compensation method: whether to collect the property right abandonment fee or buy a new demolition and resettlement house after deducting the original area. In short, the compensation for demolition 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, you can apply to the demolition management office of the Municipal Housing Authority to recalculate the resettlement area.

In recent years, due to the construction of new countryside and small towns, many villagers' homesteads (houses) have been relocated, and demolition is also common. The construction of new countryside and small towns can not be separated from a series of problems such as planning and restructuring.

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

First of all, as we all know, "one household, one house" is the old rule for rural residents to occupy and use the homestead, which is an "old calendar" in the vast rural areas of the country.

Second, rural residents' possession and use of village collective land for homestead is first of all the permanent residents of the village where they live, which conforms to the possession and use qualifications and rights of rural homestead, 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 where it is located.

Third, after rural residents have the right to legally obtain their homestead, they can build their own houses according to the planning of local 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 still do their own things when building houses. Therefore, some villagers plan 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, we can see that how to compensate for the demolition of the second and multi-floors, whether the second and multi-floors are legal or illegal, and how to divide the compensation area must be related to the interests of the villagers.

The above problems are estimated to be different in operation and implementation. In my opinion, it is natural that building houses for individual farmers meets the requirements and norms of local villages, towns, land and planning departments. Generally speaking, as long as it conforms to the norms of local planning and land departments, it should be compensated when it is demolished. On the contrary, it is hard to say or not.

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 residents, and the compensation practices vary from place to place when it comes to specific villagers' house demolition. It is suggested that this netizen go to the local urban and rural planning and land and resources department to follow up.