Factory demolition

In the process of urban development, demolition and expropriation will occur. The core issue that everyone is concerned about is how much compensation the measured square meter of the house will directly affect the compensation of the expropriated person. Today we will learn how the square meter of house demolition is calculated.
1. The house area is based on the property ownership certificate?
The answer is, not necessarily.
Generally speaking, the building structure, number of floors, building area, and approved land area must be stated on the property ownership certificate. However, in practice, due to historical reasons, problems such as damage to the property ownership certificate information, inability to accurately prove the house area, or incorrect area calculations have resulted in errors in the area on the property ownership certificate. So what should we do?
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.
2. The area proved by evidence shall prevail. If the area does not match, if you can provide sufficient house property rights information or other information, and can effectively overturn the area on the property rights certificate, you should compensate for the area proved by evidence. 2. Houses without property rights certificates should be calculated in this way. In real life, there are many houses without property rights certificates, and most of them are rural houses.
Of course, there are also many old houses in the city without property rights certificates, but this situation is very rare. Generally speaking, demolished houses are often regarded as illegal houses by the demolishers, and the demolished people cannot receive compensation, thus depriving the demolished people of their legitimate rights and interests in disguise. So, how to calculate the area of ​​a house without a property certificate?
1. Subject to the local approved file area.
Due to the imperfection of the housing registration system in the past, many houses have been unregistered. Take 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 or relevant approval documents or the construction area is not recorded in the approval documents? It should be implemented according to local policies. Taking a certain place (such as Shanghai) as an example, the relevant approval documents do not record the building area, or although there is no approval document, there is relevant data to prove that for houses built before 1981, the building area measured on the spot by the housing survey agency shall prevail.
All in all, during demolition, each place has different regulations on the area of houses without property rights certificates. If you encounter unreasonable compensation, learn to use legal means to protect your legitimate rights and interests. If you have any unclear legal issues, please consult relevant professional lawyers in a timely manner for professional help.
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.Yingting Lawyers Group has rich practical experience in administrative litigation. It uses solid legal knowledge and theoretical literacy to study a series of legal disputes in administrative litigation. It has accumulated rich experience in handling cases in all aspects and treats every party concerned with care.