Legal information

During the land acquisition and demolition process, a large number of expropriated and demolished people have this problem: their house is facing expropriation and demolition, but they don’t have a real estate certificate. What should we do? Will there be compensation after the house is demolished? In response to the concerns of the majority of people who have been expropriated and demolished, lawyers from the Demolition and Land Acquisition Lawyers Legal Consulting Network pointed out that during the case handling process, the expropriation department often treats all houses without real estate certificates as illegal construction, so that the houses can be demolished without compensation or only receive less compensation.

However, can a house without a real estate certificate be directly recognized as an illegal building? Whether a house without a real estate certificate is illegal depends on a law. In January 2008, the "Urban and Rural Planning Law" was officially implemented. For the first time, it was clearly stated that building a house on your own homestead requires a rural construction planning permit. Each province, autonomous region, and municipality directly under the Central Government has formulated relevant regulations for renovation and additions.

Therefore, starting from 2008, there were clear regulations on illegal buildings. All houses built after 2008 must have a real estate certificate, otherwise they will be considered illegal buildings. In other words, if the house was built after 2008, including renovation, expansion, and reconstruction, a real estate certificate must be obtained. If there is no real estate certificate, it will be considered an illegal building during land acquisition and demolition, and the compensation received will be very low or even no compensation.

The business areas of the Demolition and Land Acquisition Lawyers Legal Consulting Network include government-enterprise disputes, administrative compensation, enterprise demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.

If the house was built before 2008, but has been remodeled, renovated, or expanded after 2008, then the part after 2008 can only be compensated according to illegal construction, and the house before 2008 can get normal demolition compensation. If the house was built before 2008, and has not been expanded, renovated, or renovated after 2008, you can get the same compensation as the house with a certificate.

Most of these unlicensed houses are caused by historical reasons. Even if they do not have a real estate certificate, they can get the same compensation as the houses with certificates. So what compensation can they get? According to Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, the municipal and county-level people's governments that make the decision to expropriate houses shall provide compensation to the expropriated persons including: (1) Compensation for the value of the expropriated houses; (2) Compensation for relocation and temporary resettlement caused by the expropriation of houses; (3) Compensation for losses caused by the expropriation of houses.

The people's governments at the city and county levels shall formulate subsidies and incentives to provide subsidies and rewards to the expropriated persons. Article 19 stipulates that the compensation for the value of the expropriated houses shall not be lower than the market price of similar real estate of the expropriated houses on the date of announcement of the expropriation decision. 103010 Article 48 stipulates that fair and reasonable compensation shall be given for land expropriation to ensure that the original living standards of the land-expropriated farmers are not reduced and that the long-term livelihood is guaranteed.

For land expropriation, land compensation fees, resettlement subsidies, and compensation fees for rural villagers' houses, other ground attachments, and young crops must be paid in full and on time in accordance with the law, and social security fees shall be arranged for the land-expropriated farmers. It can be seen that when houses without property certificates face expropriation and demolition, they cannot be directly treated as illegal construction in a "one-size-fits-all" manner.

Even a house without a real estate certificate can receive the same compensation for demolition as a house with a real estate certificate. However, in practice, many expropriated and demolished people feel disadvantaged because they do not have a real estate certificate, and are left to demolition and land acquisition. The Legal Consulting Network reminds that such cases must not be led by the expropriation department.

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.