land expropriation

Small-property houses refer to houses built on farmers' collective land without paying land transfer fees. Their property rights certificates are not issued by the national housing management department, but by the township government or village committee, so they are called "small-property houses", also called "small-property houses."

So how to compensate for the demolition of small-property houses in village committees?
Whether small-property houses can receive compensation during the demolition process mainly depends on the validity of the contract. If the contract is valid, they can receive compensation, but if the contract is invalid, they cannot. The main situations are as follows:
1. If a house with small property rights is sold to members of the collective and approved by relevant organizations, the contract is a valid contract and compensation will be received during demolition.

2. If a house with small property rights is sold to a non-member of the collective, but the buyer has obtained relevant approval from the collective organization, the contract will be a valid contract and compensation for demolition will be provided.
3. If a house with small property rights is sold to an unexpected person in the collective, the contract will be invalid. In this case, it is first determined that the ownership of the house involved belongs to the rural collective economic organization or the homestead user, and can obtain compensation.
However, demolition compensation can only be enjoyed by the owner, that is, the collective economic organization and its members.

The business areas of house expropriation lawyers 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.

4. If the house with small property rights is an illegal building, according to Article 22, Paragraph 2 of the "Urban House Demolition Management Regulations", "No compensation will be provided for the demolition of illegal buildings and temporary buildings that have exceeded the approved period." In this case, the house with small property rights cannot be demolished and compensated.

What to do after the sales contract for a small-property house is invalid:
(1) After the contract is deemed invalid, the buyer returns the original house to the seller, and the seller returns the price collected to the buyer.
(2) If the buyer renovates, renovates or expands the disputed house and courtyard while living and using the disputed house, he shall have ownership of the added parts.

Under normal circumstances, the buyer will return the original item and accessories to the seller, and the seller will compensate the buyer for the value of the accessories.
(3) Compensation for losses based on fault In general, if the seller knows or should know that national laws, regulations, and policies do not allow the transfer of rural collective land and sells it, he should bear certain fault liability for the invalidation of the contract.

(4) Less compensation for demolition. In the case of demolition, the house purchaser is not the legal property owner and cannot obtain property rights compensation for demolition. The purchaser of a house with small property rights can obtain the property owner or part of the compensation benefits of the property owner, which usually needs to be resolved through litigation.
Although houses with small property rights can be demolished, the demolition compensation received is small, and the demolition process is very complicated.

If possible, don’t buy a house with small property rights. If you still want to know more about the land demolition compensation regulations, you can consult Beijing Yingtong Law FirmHouse expropriation lawyerOne-to-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.