Reading guide:The answer is no. For unregistered buildings without certificates, it is not a simple "one-size-fits-all" way to determine that they are illegal buildings and no compensation will be given, but after investigation, identification and processing by relevant departments, the buildings should be compensated.
Facts of the case:
In 2017, Mr. Wang's village was demolished, and the demolition party determined that Mr. Wang's house was an illegal building because he had not obtained legal homestead land use procedures and had not applied for a real estate certificate, and no compensation was given.
On August 20, 2017, Mr. Wang's house was forcibly demolished by unknown persons without reaching a resettlement compensation agreement with the demolition party and without receiving any compensation. The contents of the family were not removed in time and all were buried in the rubble of the house, and Mr. Wang's mother was injured by unknown persons for blocking the forced demolition. Later, the demolition party denied the fact of the forced demolition and asked Mr. Wang to solve the housing problem on his own.
The existing unlicensed houses really have to be counted as allIllegal construction, will not be compensated
Unlicensed housing refers to houses that are undocumented or incomplete. For such houses, in the process of land acquisition and demolition, in order to achieve the purpose of rapid demolition and reduction of compensation, the ** department often determines that the house is an illegal building on the grounds that the house has no documents, and does not compensate or reduces the compensation.
So an unlicensed house must be an illegal building and cannot be compensated?
The answer is no.
According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 24, paragraph 2.
Before the people at the municipal and county levels make a decision on housing expropriation, they shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law. Compensation shall be given to those that are identified as legal buildings and temporary structures that have not exceeded the approved period;No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period.
It can be seen that for unregistered buildings without certificates, it is not a simple "one-size-fits-all" way to determine that they are illegal buildings and will not be compensated, but after the investigation, identification and processing of the relevant departments, the buildings should be compensated.
If the house is not licensed or the procedures are incomplete, it is not all the problem of the homeowner, and it needs to be treated differently and the responsibility should be delineated
In addition, unlicensed buildings are also common in China's vast rural areas. Especially before the promulgation of the Urban and Rural Planning Law in 2008, the management of rural housing construction was lax, and there was no concept of construction approval and handling of housing property rights certificates in rural areas, resulting in many houses being in an unlicensed state.
In the specific process of demolition and relocation, houses that first lack the necessary documents due to historical reasons should not be found to be illegal constructions if they meet the procedural requirements required by the state at the time of construction, and the villagers have only one house in the collective organization. The second is the house built for policy reasons, but the house owner is not at fault, but the party does not perform its duties and does not apply for the relevant documents for the party's house. Therefore, at the time of demolition, such unlicensed houses should not be recognized as illegal construction.
Houses built before 2008 and are the only ones that can be compensated for being fairly compensated
The house of the client, Mr. Wang, was built in 2004 and lacked the necessary documents due to historical reasons, but it was indeed the only residence of the client in the collective economic organization. We cannot consider such houses to be illegal buildings and not compensated just because they lack documents.
In summary, unlicensed houses are not necessarily illegal buildings, and the reasons for unlicensed houses should be comprehensively considered in the process of land acquisition and demolition, combined with the legislative status at that time, housing **, the time and motivation of housing construction, the use of use, and other factors to determine whether the unlicensed houses are illegal buildings. If your house is found to be an illegal building because it is unlicensed and is unreasonably demolished, you must collect relevant evidence in time and seek professional legal help to actively protect your rights.