What should I do if the house in Guo Mao is demolished without a real estate license?

There are two kinds of house demolition on state-owned land.

1, according to the house area.

2. According to the land area.

The construction area of the house is generally based on the construction area recorded in the real estate license. If there is no property right certificate, the construction area recorded in the relevant approval documents shall prevail. If the actual construction area is less than the construction area recorded in the relevant approval documents, the actual construction area shall prevail. Finally, it can be determined by the surveying and mapping department with surveying and mapping qualifications, or it can be determined by the demolition and the demolition through consultation.

Compensation for house demolition is compensation for house property right, that is, ownership. According to the Regulations on the Administration of Urban House Demolition, the person being demolished refers to the owner of the house being demolished. Without the proof that he is the legal owner of the house (usually the house ownership certificate), he is not a party to the demolition in the legal sense and naturally cannot get compensation.

However, if the user of the house only has this house for living, generally speaking, in order to ensure its basic living needs, the demolition person should arrange accommodation for it or provide the completed resettlement house for the original user to continue renting, but the user should pay the corresponding rent. In fact, some residents are willing to compensate users. As long as both parties reach an agreement and sign an agreement, no laws and regulations will interfere. On the other hand, if the demolisher is unwilling, your claims and demands have no legal support, because after all, you are not a legal demolished person, and you do not have the subject qualification of demolition compensation and resettlement.

In addition, houses built without a planning permit or in violation of the provisions of the planning permit after the implementation of the Urban Planning Law, unconfirmed houses are illegal buildings, and temporary buildings have not been demolished after their service life expires. There is no compensation for illegal construction. How to identify the previous unlicensed houses shall be handled by the competent department of urban planning administration of the local people's government at or above the county level, taking full account of the historical situation, and in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. So the situation is not exactly the same everywhere.

Article 8 of the Working Rules for Urban House Demolition stipulates that those who have not obtained the real estate license but can prove that the house is legally owned shall be compensated according to law after confirmation by the local real estate management department; Houses with incomplete procedures or no property rights shall be handled according to relevant laws and regulations after being recognized by relevant departments according to law; Disputes over property rights or use rights (lease rights) shall be compensated according to the results of civil litigation.

It is troublesome to have no real estate license. I hope all the houses can be registered and recognized by the state. If your legitimate rights and interests are infringed during the demolition, you can consult Shenzhen Nippon Law Group to defend your rights.

Shenzhen Nippon Law Group took the lead in productizing and marketizing legal services, and clearly priced all kinds of lawyer services at a very fair price. Search Shenzhen Nippon Law Firm for free consultation: l36, 5l44, OllO.