At present, the land rights confirmation work is being carried out enthusiastically in China. As the first trial area, farmers have already obtained the relevant documents for land rights confirmation as soon as possible. However, there are also many problems in the land rights confirmation work, especially the inheritance of foundations, demolition compensation and other issues are very prominent. It is known that many people previously changed their rural household registration to urban household registration in order to obtain subsidies in urban areas, or for reasons such as work or study. As we know, foundation is collectively owned land owned and used by rural farmers or self-employed people as a place of residence. It is used to provide accommodation needs for farmers and is allocated to them for free use.

In fact, when encountering rural demolition, farmers usually use self-management to remove the expropriation and compensation rights of "people who have moved out of their household registration", and in actual cases there are indeed many "people who have moved out of their household registration" who cannot receive compensation for expropriation. Therefore, in the face of this situation, for farmers who no longer have rural household registration, can they receive demolition compensation if the buildings on their foundations are demolished?

There are two types of compensation for rural house demolition:

1. Compensation for attachments on the foundation

The "Land Management Law" states: "In order to safeguard the interests of the public, the government may expropriate land or expropriate and use it in accordance with the law and provide compensation." "After land expropriation, compensation shall be provided based on the original use of the expropriated land." The Property Law states: “In order to meet the needs of the public, collective land, buildings owned by units and individuals, and other real estate can be expropriated within the scope permitted by law and in accordance with statutory procedures.

If collective land is expropriated, sufficient compensation for expropriation, resettlement compensation, compensation for ground attachments and crops, etc. must be provided in accordance with legal provisions. The social security of the relocated farmers must be guaranteed so that their quality of life is guaranteed and their legitimate interests are protected. If the buildings and other real estate of units and individuals are expropriated, corresponding compensation must be provided in accordance with the law so that the legitimate interests of the demolished households can be protected; if private houses are expropriated, the accommodation environment of the demolished households must be guaranteed. "

Generally speaking, houses built on foundations are compensated for ground attachments. This compensation does not depend on the type of household registration. Regardless of the type of household registration, whether it is a rural household registration or an urban household registration, as long as there is a legal house owner or heir, you can get house demolition compensation.

2. Compensation for homestead land

Rural foundation compensation and house demolition compensation are separate compensations. "Separate compensation" means that foundation compensation is separated from compensation for attachments on the foundation. Compensation for the foundation belongs to the rural collective and will be distributed by the village collective. The existing land management law stipulates that the compensation method for foundations is determined by the management department based on the actual local conditions. There are roughly two types of situations: the first is monetary compensation; the other is replacement compensation, which can also be said to be the provision of additional foundations.

For example: "Beijing Municipal Land Housing Demolition Management Measures" requires: "Demolished houses can be compensated through monetary compensation or allocated houses, and foundations can also be provided if conditions permit." The foundation compensation price is based on the prevailing local housing prices, and the regional government makes overall decisions based on the review prices of general commercial housing in a specific area during a specific period of time, urban development plans, etc. The size of the foundation determined during demolition requires legal approval and cannot exceed the scope of control.

Resetting houses to new prices refers to the re-adjustment of demolished foundations to new average prices within a specific time period and within a specific range. The local government determines the control standards based on the conditions of rural houses in the aforementioned range, and generally controls them at around 400-700 yuan per square meter. The allocated area for each household is controlled at 100-150 square meters. The local government determines the final standard based on the economic status and accommodation conditions of farmers in the area. Therefore, when facing land acquisition and demolition, foundation compensation and house compensation cannot be confused. It does not mean that if the house is compensated, then the foundation does not need to be compensated.