Legal information

State-owned land must have a real estate certificate, but for collective land, due to historical reasons, many places do not have a real estate certificate, some only have a homestead certificate, and some places do not even issue a homestead certificate. If a house is demolished, the real estate certificate, as an important document for the house, becomes the reason for the demolition party to pay less compensation. So what should I do if there is no real estate certificate when the house is demolished? Is there any compensation? .

1. Old houses without real estate certificates (1) If it is an old house in rural areas, because farmers build houses on their own homesteads, and there is no property rights certificate, as long as the collective organization can provide corresponding certificates to prove that the house is yours, you can also get demolition compensation (2) In cities, if the house does not have property rights, you can only find the person who sold it to you or the person who holds the property rights certificate.

The two parties will negotiate to transfer the property to your name to make up for the lack of your property rights, otherwise you will not be able to receive demolition compensation. 2. Illegal buildings Because illegal buildings do not meet urban planning requirements, they cannot obtain real estate certificates through government approval. The law does not protect the property rights of such houses. Therefore, during the demolition process, the demolition parties will not receive compensation, but it does not mean that the parties will not receive any compensation. The demolishers can receive relocation subsidies and temporary resettlement subsidies.

If the property in the building is damaged during house demolition, you can also get corresponding compensation. 3. The house has not been transferred. As long as both parties reach an agreement, the demolished house can also be bought and sold. However, if the seller does not transfer the house to the buyer, the property owner is still the seller, and the buyer cannot obtain demolition compensation when the house is demolished.

In this case, the buyer can go through the house transfer procedures with the seller in accordance with the requirements of the contract signed by both parties, or can claim to terminate the contract. At this time, the seller should bear the liability for breach of contract and pay compensation to the buyer. 4. Houses with disputed property rights. If the property rights of the house are unclear and there are still disputes between the parties, and one party files an objection to the registration at the housing registration authority, the property owner can file a confirmation lawsuit and request the court to confirm the ownership of the house.

Even if the real estate certificate holder has received the demolition compensation, he can still request a return. If the building cannot be identified as an illegal construction and there is no property ownership certificate, he can still get appropriate compensation. Compensation is generally based on construction costs, which may be much less than a legally valid house.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.