Wait for a reason as a result of habit of the history, custom, do not handle house property card or exceeding an area to build a room to be in our country is a kind of common phenomenon, once building lot tears open change, the building that do not have card is in be faced with whether is compensation won when tearing open change, whether is the building that do not have card building of violate the rules and regulations, whether can be compensation won when the building that do not have card undertakes tearing open change? The room that do not have card whether winning compensation is to be torn open the problem that change person cares most.
" house of state-owned land main rooms collects with compensation byelaw " the 24th regulation: Before government of people of class of city, county makes a building collect a decision, ought to organize concerned branch to be opposite lawfully collect undertake investigating without the building that register inside limits, maintain and handle. Approve term to be built legally and did not exceed to maintaining temporarily architectural, ought to offer compensation; Be built to break the law to maintaining and approve term more than temporarily architectural, do not grant to compensate.
Set by this law knowable, whether can the room that do not have card obtain compensation to must want to pass the cognizance of relevant section: Maintain for lawful architectural, ought to offer compensation; Maintain to violate architectural, do not offer compensation.
What is illegal building?
Illegal building is to show lawbreaking, code is inside town planning area, did not obtain licence of construction project program to perhaps disobey the structure that the regulation of project program licence builds, perhaps adopt deceit to method diddle is approved and be built, extend or rebuilt building. Illegal building includes the following kinds of state commonly: Did not apply for or apply for to did not win approval, did not obtain construction to use permit of ground program licence and construction project program and built structure; Although obtain license of construction project program, but the structure that did not build according to the limits of approval, use property; Do sth without authorization will build construction to be permanent building temporarily.
How is illegal building maintained?
In the process that tear open change, much basis of the person that tear open change " law of urban and rural program " wait for a regulation, holding the house that does not have house property card directly is illegal building, this kind of practice is wrong. Illegal architectural cognizance main body, cognizance program must regulation of be good law. Zhejiang saves senior people court to think: The building that registers without property right is not all belong to illegal building, also be not all illegal buildings to must be demolished. Impose the building condition inside limits complex, especially the village in the city or old the city zone, existence did not depend on deal with according to law to manage property right is registered or did not deal with the building that examines and approve permissive formalities lawfully because of historical reason in great quantities, to collecting this kind of building inside limits, the government ought to organize concerned branch to undertake investigating lawfully, maintain and handle.
The building that do not have card is not building of violate the rules and regulations
In present house property market, a lot of do not have the building of card, when the building that do not have card tears open change if do not give,finding a place for compensation affirms is not appropriate, but law tears open change compensatory to carry out an object to the building is building obligee. How do tearing open change to amend respect law without card building after all set? Does the building tear open change how to much compensate and how does compensation way provide?
1, right of the building that do not have card is attributive
Want the clear right property that does not have card building namely above all. If the building has handled authority card, so building everybody counterpoises by praedial content. If be the building that did not handle authority card, house-owner did not have no right. Because do not have card building to did not undertake property right is registered, matter right was not established, only when authority card is dealt with after ending, obligee ability acquires whole right. Although our country law does not have specific provision to expect the relevant powers and functions of authority, but with respect to legal principle character obligee is right of the building that do not have card expect authority ought to have negotiability, but inheritance.
2, current situation of the building that do not have card
The building that do not have card is faced with the phenomenon that tears open change not little, and when can the authority card of the building do appropriate not within the foreseeable future, when if have not do in authority card,finishing, this building is faced with again when tearing open change, create issue easily. As economic house price shoot up, when the building tears open change, the filling indemnity that place of the branch that tear open change pays often of prep above building trade the price. Accordingly, the house property that do not have card can enjoy finite protection only, property right person should deal with house property proof in time.
Maintain the building that do not have card be being built for violate the rules and regulations is to tear open change square customary maneuver, for violate the rules and regulations through maintaining the building undertakes forced releasing reduces the compensation that tear open change on one hand, also reduced time cost on the other hand, harmed the interest of person of the change that be torn open severely. Be not violate the rules and regulations without card, should particular case is particular analysis, in reality, although belong to building of violate the rules and regulations, also answer according to administrative law medium " scale principle " namely " administration sanctions a method " medium " punish too quite " the principle offers reasonable compensation. As to how to compensate, the time that can consider to build, legislative situation at that time, execute the law at that time whether is mechanism put in the element such as nonfeasance to make those who do not have card building integratedly impose compensation program. Rural dweller builds the house, want examine and verify of government of classics villages and towns only, after be being approved via prefectural class government, even if not curtilage base card, the card that build a house also cannot be maintained build for violate the rules and regulations.
The building that do not have card calculates be maintained to be building of violate the rules and regulations to also need to compensate. Via relevant section investigation is maintained do not grant to compensate to violate architectural to violate a part. To rightful share, ought to give equivalent compensation. We still have the land that ought belong to us and housing materials seek compensatory right.
3, the room that do not have card can win sum compensatory case
The history puts the house that leave. Jural have a way not go against the river and before principle, this is system of our country law one of basic principles, also but augment comes principle of administrative effectiveness for a given period of time. A few buildings are formed at 70 time, or it is earlier to 559 time, at that time very few formalities can build, if use,legal requirement analysis can return to be built for violate the rules and regulations now, this is no good apparently, so, provision of the law when must combining a building to form is affirmatory and lawful with illegal.
In rural building and city farming build a house. Most begin a country to establish room government more loose, to property right this respect also reachs the designated position without management, because this country has the very much house that do not have card. The building that do not have card is not equal to violate the rules and regulations to build, as long as it is the house that builds lawfully, although do not have property right proof, can take sum compensation as before when tearing open change.
4, without card house property the compensation that tear open change considers a factor
The time that can consider to build, legislative situation at that time, execute the law at that time whether is mechanism put in the element such as nonfeasance to make those who do not have card building integratedly impose compensation program.
① is disobeyed badly urban and rural program and land administer a law or know perfectly well had released collect announcement perhaps is about to collect and ill will grabs the house that build to need not grant to compensate. But whether is no matter be collected,the person's building belonged to violate build, to be being collected land access of the person should offer fair, reasonable compensation.
When ② building is built, be lawful, but prove without legal property right, the historical bequeath problem of its oneself is caused, and if be torn open,change person lives for a long time already inside afore-mentioned buildings live, ought to get be compensatinged legally finding a place for.
The building that do not have card tears open change compensation
The building tears open change to amend standard and compensation way
The building that do not have card tears open change to amend a standard
The standard of the compensation that tear open change of every place is different, the government sector is met according to the management of place that tear open change method has estimation, compensation. You can examine the declared that tear open change specific provision, also can seek advice to local land branch. If disagree, can apply for administrative ruling.
The building tears open change compensation to include two kinds commonly:
① building compensates cost (building replacement is expended) , use at compensation to be torn open change building droit the person's loss, with be being torn open the structure of change building and depreciation rate delimit archives, calculate by square metre unit price;
② have enough to meet need compensates cost, with reside housing or ask for it temporarily at compensating resident of building of the change that be torn open temporarily domiciliary inconvenience, with living temporarily the condition delimits archives, the population that presses resident of building of the change that be torn open gives every months allowance.
The building tears open change to compensate means cent to be two kinds:
① compensates means to be able to execute monetary compensation, also can execute building property right to exchange, perhaps implement the form of monetary compensation and union of posture of exchange of building property right.
② compensatory amount, the basis is collected the area of the building, the element such as construction of utility, building, new old rate, floor area, evaluate the price to decide with estate market.
On put together, the room that do not have card is not illegal architectural pronoun, to without card room entirely does not offer compensation is the person that tear open change disregard the person that be torn open the practice of legitimate rights and interests. The everybody of the building that do not have card must have clear knowledge to his building and right, in the process that tear open change attention tears open the main body qualification of change person, program that tear open change to wait to whether have illegal place, in order to accomplish precautions averts perils. If the issue that oneself cannot judge must seek advice from professional personage in time, safeguard oneself legitimate rights and interests actively.
