1, the building applicant should be a member of the rural collective organization.
2. Based on the principle of one household and one house.
3. You must have your own homestead and real estate license.
The transformation of old villages refers to the transformation and repair of some old dilapidated houses and facilities in rural villages in the urban-rural fringe, that is, the old reform.
One: the transformation of old villages and the integration of adjacent state-owned land require double 90% consent.
In the "Implementation Opinions", the following provisions are made for the demolition of houses on collective land, involving houses on state-owned land:
1. The proportion of integrated state-owned land is limited. The comprehensive transformation of old villages involves the integration of adjacent state-owned land. In principle, the integrated state-owned land (excluding "three places"-corner land, sandwich land and flower planting land) shall not exceed 10% of the total area of the project transformation scope.
2 need to obtain the "double 90%" consent of the owner of the house on the state-owned land. If the comprehensive transformation of old villages involves the integration of surrounding state-owned land, the owners' right to know and participate in state-owned land houses should be fully guaranteed.
Rural villagers' housing should be compensated first, then moved, living conditions improved, and the wishes of rural villagers should be respected. Fair and reasonable compensation will be given by rearranging housing sites, providing resettlement houses or monetary compensation, and compensation will be given for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and legitimate property rights and interests. According to the relevant laws and regulations, if the old city, town and village are rebuilt due to the construction of township (town) village facilities and public welfare undertakings or the implementation of urban, market town and village planning, and the land use right is recovered with legal approval, the land use right holder shall be given appropriate compensation, and the above-ground buildings may be given reasonable compensation according to their actual conditions, that is, the people's government or its specially entrusted units shall organize unified demolition, compensation and resettlement. Dismantle yourself.
Refers to the demolition resettlement and compensation for the demolition, and the main demolition business personnel must be trained by the demolition department and obtain the demolition qualification certificate before they can take up their posts. Commissioned demolition refers to the demolition of housing demolition compensation and resettlement work entrusted to others. The client shall be the unit that has obtained the qualification certificate for house demolition.
Two: the absence of legal documents does not mean that there is no compensation.
The demolition and reconstruction of houses on rural collective land will inevitably involve the long-standing problem of whether there are legal documents. The new law aims to list what is a "legal document":
The "legal documents" mentioned in this opinion include house property right certificate, state-owned (collective) construction land use right certificate, real estate right certificate, homestead certificate, rural construction permit, government building approval document, planning and construction approval document, etc.
Which belongs to the district government or relevant functional departments issued by the district urban renewal department is responsible for organizing the identification; Belong to the town (street) issued by the current project belongs to the town (street) organization. If the relevant documents cannot be verified or are inconsistent with the situation at that time, they cannot be used as the basis for determining legitimacy. The new regulations have the following provisions:
1. Accounting standard for countable basement area: If there is no legal certificate and it is approved or confirmed by the village collective economic organization, it can be accounted according to the current building basement area.
2. Accounting standard for the number of countable buildings: if there is no legal certificate and it was completed before 65438+February 3, 2009 and approved or confirmed by the village collective economic organization, it can be counted as one building; Those built from June 20 10 to June 20 19 to February 20 1 year and confirmed by the village collective economic organizations and towns (streets) as "one household, one house" can be counted as one building.
Third, it is clearly set that the amount of residential reconstruction is 3.5 times of the countable base area.
The new regulations intend to stipulate that the amount of renovation of villagers' houses on collective land within the scope of renovation of old villages shall be calculated in principle at 3.5 times of the total area of countable basements;
If the average number of floors exceeds 3.5, you can choose the number of floors multiplied by 280 square meters for accounting; The same project can only use one of the methods to calculate the total reconstruction of resettlement houses.
Under the condition of not exceeding the planned control of the total construction amount, the total amount of reconstruction can be approved after floating up at the ratio of not exceeding the calculated reconstruction amount 10%. The total amount of residential reconstruction does not include the supporting construction area of residential public buildings.
legal ground
Land Management Law of the People's Republic of China
Article 14 Disputes over land ownership and use rights shall be settled by the parties through consultation; If negotiation fails, it shall be handled by the people's government.
Disputes between units shall be handled by the people's governments at or above the county level; Disputes between individuals or between individuals and units shall be handled by people's governments at or above the county level.
If a party refuses to accept the decision of the relevant people's government, it may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of decision.
Before the dispute over land ownership and use right is settled, neither party may change the status quo of land use.