Recently, some people have asked whether small property houses can go back on their deeds after they are bought and sold, and whether they can get the same resettlement standard as other houses in the expropriation
.
Today is the dispute caused by the illegal construction of houses
.
[types of illegal construction] the so-called illegal construction refers to the houses and buildings that have not obtained the construction project planning license or built in accordance with the provisions of the construction project planning license
.
According to the provisions of Article 40 and paragraph 1 of Article 41 of the urban and rural planning law, those who carry out the construction of buildings, structures, roads, pipelines and other projects in the urban and town planning areas shall apply for the construction project planning license, and those who carry out the construction of township enterprises, rural public facilities and public welfare undertakings in the township and village planning areas shall be approved and issued by the competent department of urban and rural planning Construction planning permit
.
At the same time, according to the provisions of Article 64 and paragraph 2 of Article 65 of the urban and rural planning law, those who fail to obtain the construction project planning license (rural construction planning license) or carry out the construction in accordance with the provisions of the construction project planning license (rural construction planning license) shall be ordered by the competent authorities to stop the construction, correct within a time limit, and dismantle within a time limit
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There are generally two situations of illegal construction
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One is that due to the temporary lack of planning procedures, the illegal construction can be transformed into legal construction by completing the legal procedures; the other is that the legal procedures can not be completed, and the construction will always be illegal
.
In practice, in addition to the compensation for demolition, the daily disputes caused by illegal construction are sales and leasing disputes
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And because of the general provisions of the law, there are many views and different ways to deal with illegal construction
.
This makes many parties have one-sided judgment in reference, so they take many detours
.
Under the influence of traditional culture, buying a house has become a life event in China
.
However, due to many problems and procedures involved in buying a house, and limited by funds and qualifications, many people buy and sell illegal buildings for various reasons
.
Then, when there is a dispute between the two parties, whether the court can accept it becomes a problem, among which the most concern is the sale of small property right house
.
Generally speaking, the dispute of small property right house is based on the content of the contract, but it is difficult to determine whether the contract is invalid or effective
.
If the contract is invalid, it will be judged to return the building, and the house with small property rights is illegal
.
The judgment to return the illegal building is equivalent to indirectly recognizing the legal possession of the illegal building, and the judgment not to return is equivalent to indirectly encouraging the rationality of the illegal building transaction
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In addition, there is a huge capital transaction in the transaction of small property right house
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After the completion of the transaction, the rights and obligations of the buyer and the seller will be unbalanced when the decoration, use and residence of the building are deemed invalid
.
Because of living, using and decorating for many years, the amount of compensation for demolition is very low, which is a great loss for the buyer
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Therefore, in general, there are very few cases of small property rights disputes handled by the court, which reminds us that the risk of small property rights trading is very large, so we should consider carefully when buying and selling, and we should analyze the specific situation when disputes occur
.
[lease disputes of illegal construction] the disputes of illegal construction in the process of lease are the least valued, but also very many
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Many lessees think that the most important thing of leasing is the contract
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As for whether the house is illegally built, there is no difference in its essence
.
However, according to the Supreme People’s court’s interpretation on Several Issues concerning the specific application of law in the trial of disputes over urban housing lease contracts, if the lessor fails to obtain the construction project planning license, it will do well
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If the house is not constructed in accordance with the provisions of the project planning license, the lease contract signed with the lessee is invalid
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That is to say, once the contract is found invalid, the lessee may have to bear the loss
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As for the lessors, they can’t claim the rent for renting illegal buildings, they need to bear the corresponding responsibility and loss
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[lawyer’s suggestion] the sale of illegally built houses causes the fuse of the following disputes
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Many people who have been demolished after buying and selling houses with small property rights are demolished, and the idea of blindly identifying houses with small property rights to be demolished for free also needs to be changed
.
In the face of disputes caused by illegal construction, we need to analyze the specific situation, timely and effective consultation with professional lawyers, take the right means, less detours, reasonable rights..
.
