There are more and more cases of house demolition on rural land. For farmers, nothing is more important than compensation for house demolition. In addition to buying demolished houses, you can also get compensation for some demolished houses without a certificate.

However, disputes often occur during the compensation process, because houses are basically divided into certified houses and unlicensed houses, and the compensation standard for unlicensed houses will be lower than that of certified houses. There must be many people who are unwilling. This house belongs to me, but it lacks a certificate. Why can’t I receive full compensation?

In fact, it is not impossible to receive the full amount, as long as you can meet any of the following conditions:

1. The house left by your ancestors

< p> This situation is common in the city. It was passed down in the 1950s and 1960s. Even if there is no certificate, it is still a legal house. When demolished, you can get the same compensation as a house with a certificate.

2. Houses in rural areas

In the beginning, the management of housing construction in rural areas was loose, and property rights were not properly managed. Therefore, there were many unlicensed houses in rural areas. However, as long as the village collective comprehensively If the house is determined to be legal, you can still receive full compensation during demolition!

3. Rural housing construction in cities

The integration of urban and rural areas has developed relatively rapidly, and there have been some problems during this period. Situations like rural housing construction are extremely common. Therefore, as long as the house is built in accordance with the law, even if there is no property title certificate, compensation can be given according to normal standards.

4. Houses with historical relics

It refers to houses built before the law and registration system were formed. The most recent ones were in the 1990s. Therefore, there is no proof that the national construction The housing subsidy provided before this time is the same as the certified subsidy standard.

What are the characteristics of the house demolition compensation and resettlement agreement?

1. The house demolition compensation and resettlement agreement is a legal act between the two parties to the house demolition. The agreement relationship mainly involves both parties involved in the house demolition. If there is only one party, the agreement relationship cannot be established. ?

2. The legal status of the parties involved in house demolition is equal. First, regardless of the economic strength and political status of the parties, neither party is allowed to impose its will on the other; second, it reflects the reciprocity of rights and obligations in house demolition, that is, when one party obtains a certain right from the other party, it also assumes corresponding obligations. Any agreement that is unjust is voidable. ?

3. The agreement must be a legal act between both parties involved in the house demolition. The so-called legal behavior refers to the behavior carried out in accordance with the requirements of house demolition regulations. For example, as for the qualifications of the parties, the social organization must have legal person status as a party to the house demolition agreement; the person in charge of signing the agreement must have the authorization certificate of the legal person or legal representative; the person entrusting an agent to sign the agreement must have legal procedures; when the person being demolished signs the agreement, he must issue Legal documents such as property rights certificates and certificates of use rights. Any agreement entered into in violation of laws and regulations or through fraudulent means is invalid.

4. The house demolition compensation and resettlement agreement is a legally binding document. This is reflected in the fact that after their rights arise in accordance with the law, they are protected by the law; after their obligations arise in accordance with the law, they are forced by the law. Secondly, agreements concluded in accordance with the law must be strictly abided by, and neither party has the right to change or terminate it without authorization. Then, if a dispute occurs during the performance of the agreement, the terms of the agreement are the main basis for resolving the dispute. ?

5. The house demolition compensation and resettlement agreement is a bilateral paid agreement. The parties to the agreement enjoy certain rights according to the agreement, and at the same time bear corresponding obligations.

6. The house demolition and resettlement agreement must be in written form. Contents of the House Demolition Compensation and Resettlement Agreement The house demolition compensation and resettlement agreement in the demolition announcement must include the unit, name, and name of the person in charge of the demolition parties. The agreement must be signed and sealed by both parties before it becomes legally binding. When demolishing non-rental houses, the demolisher shall sign an agreement with the person being demolished; when demolishing a rental house, the demolisher shall sign an agreement with the person being demolished and the lessee of the house.

The main contents of the agreement are:

(1) Demolition compensation method, monetary compensation amount and payment period;

(2) Resettlement housing area, Standards and location;

(3) Price difference payment method and period for the property rights exchange house;?

(4) Relocation period, relocation transition method and transition period;?

(5) Payment standards and payment methods for relocation subsidies and temporary resettlement subsidies or losses due to production and business suspension;

(6) Liability for breach of contract and methods of dispute resolution;?

(7) Other terms agreed upon by the parties.

As for the specific contents included in each demolition compensation and resettlement agreement, it should also vary depending on the demolition compensation method. For monetary compensation, the agreement should mainly state the compensation amount and relocation period; for property rights exchange, the agreement should mainly state the structure, area and location of the resettlement house, relocation period, transition method and transition period. What needs to be explained here is that the demolition compensation and resettlement agreement for houses managed by the house demolition management department must be notarized by a notary authority, that is, compulsory notarization is implemented. Through notarization, the authenticity and legality of the contents of the demolition compensation and resettlement agreement can be guaranteed, which will help eliminate the doubts of the trustee about the agreement.

After the demolition compensation and resettlement agreement is signed, if the demolished person or the house lessee refuses to relocate within the relocation period, the demolisher may apply to the arbitration committee for arbitration in accordance with the law, or may file a lawsuit in the People's Court in accordance with the law. During the litigation period, the demolisher may apply to the People's Court for first execution in accordance with the law. Since the original houses and other attachments have gathered the funds and labor of the owners or users, and the demolition of the houses has also affected the material places where they live, therefore, according to our country's laws and regulations, it is also in line with social ethics and has It is necessary to provide appropriate compensation and resettlement to the owners and users of the demolished houses and their attachments to safeguard their legitimate and reasonable interests. Urban house demolition should follow the four basic principles of "conforming to urban planning, improving the ecological environment, protecting cultural relics and historic sites, and conducive to the transformation of old urban areas."

(The above answer was published on 2017-02-28, please refer to the actual current relevant home purchase policies)

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