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What to do if there is no real estate certificate for demolition? How to calculate the area of ​​house demolition?

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Article author:Yingting Lawyers Group | Update time:2023-06-28 | Reading times:928

As we all know, during the expropriation and demolition work, the expropriated houses will first receive compensation according to law. The compensation for the house is generally calculated based on the area of the house, which involves the issue of how to calculate the area of the house. Here is a detailed explanation of how to calculate the area of ​​the house demolition, divided into two different situations:
1. Houses with real estate certificates:

1. Based on the actual measured area:
In real life, due to the carelessness of household registration personnel or inaccurate measurements, the area on the house ownership certificate may be inconsistent with the actual area to a certain extent. Therefore, when the expropriated person believes that the recorded area is smaller than the actual area, the court can organize the party to conduct an on-site measurement. If the actual measured area is greater than the recorded area, the actual measured area should be compensated.

Administrative litigation lawyers have rich practical experience in administrative litigation. They use solid legal knowledge and theoretical literacy to study a series of legal disputes in administrative litigation. They have accumulated rich experience in handling cases in all aspects and treat every party concerned with care.

2. The area proved by the evidence shall prevail: In the case of inconsistent areas, if you can provide sufficient information on the property rights of the house or other information, and can effectively overturn the area above the house property certificate, then you should compensate for the area proved by the evidence.
2. Houses without real estate certificate:
1. Based on the area approved by the local government:
Due to the imperfect housing registration system in the past, many houses would be unregistered.

Taking a certain place (such as Shanghai) as an example, for unregistered houses, the building area recorded in the relevant approval documents shall prevail. If the actual building area is smaller than that recorded in the relevant approval documents, the actual building area shall prevail.
2. Regulations vary from place to place:
What should I do if there is no property ownership certificate, no relevant approval documents, or the approval documents do not record the building area? It should be implemented according to local policies.

Summary: Once the country encounters non-compliance with the comparable laws and regulations for its collection, it is important not to suffer losses and safeguard your rights. However, it should also be noted that if there is any objection, you must apply for review and evaluation within the specified period. If there are any problems during the review and evaluation, you must apply for expert appraisal until the result meets the actual situation. If you want to know more about this, you can consult an administrative litigation lawyer on this site for one-on-one online consultation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.


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