Job Recruitment Website - Property management - Can I get compensation if I buy the attic of a building without a real estate license and tear it down later?
Can I get compensation if I buy the attic of a building without a real estate license and tear it down later?
The key to compensation is to determine the ownership of the demolished house. The person being demolished is the owner of the house, and the identification of the owner of the house is generally subject to the registration information of the housing management department.
In practice, it often happens that some parties fail to register property rights with the housing management department in time and fail to report to the planning department for approval when applying for reconstruction and expansion of houses. In this case, we must first apply to the planning department to identify the legality of the house. If the building construction is legal, the demolisher should give compensation; if it is illegal, it will not be compensated.
Extended data
Demolition compensation refers to the project evaluation of the houses of the units and individuals expropriated on the national collective land by the house expropriation departments themselves or entrusted by the house expropriation implementation units in accordance with the provisions of the compensation standards for the demolition of houses on collective land and state-owned land in China, and compensation for the owners' resettlement and relocation losses.
Twenty-fourth city and county people's governments and their relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with violations of urban and rural planning.
Before the people's government at the city or county level makes a decision on house expropriation, it shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. Compensation should be given to temporary buildings that have been recognized as legal buildings and have not exceeded the approved period; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.
Article 26 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of this Ordinance, and make an announcement within the scope of house expropriation.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Extended source: Baidu Encyclopedia (compensation for house demolition)
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