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Yingting demolition lawyer-Who will receive the demolition compensation now after the self-built house is sold?
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Article author：Yingting Lawyers Group | Update time：2019-08-12 | Reading times：291
If a self-built house in a rural area is sold, to whom will the demolition compensation be given?
1. Usually it mainly depends on whether the house sales agreement is valid. If it is valid, then the demolition compensation will be directly compensated to the buyer. This situation is usually "the land follows the house". According to the existing rural homestead management policies, after privately buying and selling a house on a homestead, the household is no longer eligible to apply for a homestead. In the future, with the liberalization of the country’s policy on homesteads, the farmer will not have a share in the value-added income of the homestead, such as paid exit of the homestead, farmhouse development of the homestead house, and rental of the homestead house.
2. If the buyer of a house who is a member of the village collective organization is wrong, the only advantage is to obtain the right to live in the house without anyone reporting and investigating, but the risks he faces are greater:
(1) The house purchase contract has no legal effect and will be the weakest party in a lawsuit;
(2) If the original house transferor regrets, he can take back the homestead and house through legal channels;
2. What are the compensation methods for house demolition?
The expropriated person can choose monetary compensation or house property rights exchange. If the expropriated person chooses to exchange the property rights of the house, the people's government at the city or county level shall provide the house for the property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the house used for the property rights exchange with the expropriated person.
If individual residences are expropriated due to the reconstruction of old urban areas, and the expropriated person chooses to exchange house property rights in the reconstruction area, the people's government at the city or county level that makes the decision on house expropriation shall provide houses in the reconstruction area or nearby areas. If the expropriation of a house results in a move, the house expropriation department shall pay the moving fee to the expropriated person; if the property rights exchange of the house is chosen, before the property rights exchange house is delivered, the house expropriation department shall pay the expropriated person a temporary resettlement fee or provide a turnover room. Compensation for losses caused by suspension of production and business due to house expropriation shall be determined based on factors such as the benefits before the house was expropriated, the period of suspension of production and business, and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
1. Usually it mainly depends on whether the house sales agreement is valid. If it is valid, then the demolition compensation will be directly compensated to the buyer. This situation is usually "the land follows the house". According to the existing rural homestead management policies, after privately buying and selling a house on a homestead, the household is no longer eligible to apply for a homestead. In the future, with the liberalization of the country’s policy on homesteads, the farmer will not have a share in the value-added income of the homestead, such as paid exit of the homestead, farmhouse development of the homestead house, and rental of the homestead house.
2. If the buyer of a house who is a member of the village collective organization is wrong, the only advantage is to obtain the right to live in the house without anyone reporting and investigating, but the risks he faces are greater:
(1) The house purchase contract has no legal effect and will be the weakest party in a lawsuit;
(2) If the original house transferor regrets, he can take back the homestead and house through legal channels;
2. What are the compensation methods for house demolition?
The expropriated person can choose monetary compensation or house property rights exchange. If the expropriated person chooses to exchange the property rights of the house, the people's government at the city or county level shall provide the house for the property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the house used for the property rights exchange with the expropriated person.
If individual residences are expropriated due to the reconstruction of old urban areas, and the expropriated person chooses to exchange house property rights in the reconstruction area, the people's government at the city or county level that makes the decision on house expropriation shall provide houses in the reconstruction area or nearby areas. If the expropriation of a house results in a move, the house expropriation department shall pay the moving fee to the expropriated person; if the property rights exchange of the house is chosen, before the property rights exchange house is delivered, the house expropriation department shall pay the expropriated person a temporary resettlement fee or provide a turnover room. Compensation for losses caused by suspension of production and business due to house expropriation shall be determined based on factors such as the benefits before the house was expropriated, the period of suspension of production and business, and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
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