Buildings without Housing Ownership Certificates Compensation on Demolition

 

Interpretation of Supreme Law Cases: Buildings without housing ownership certificates can be compensated when they are demolished

For an unlicensed house that has not obtained a house ownership certificate due to historical reasons, it should not be directly identified as an illegal building by the administrative agency without sufficient evidence to prove that the unlicensed house is an illegal building.

 

Who will determine the unit price of compensation?

The administrative agency and the people's court shall determine the unit price of compensation per square meter after comprehensively considering the historical reasons for the failure to register the property rights, the value of the land, the source of the house, and the lowest average transaction price of the surrounding commercial houses for sale when the houses involved were removed.

 

Pan Yumin sued the sub-district office for performance of compensation duties

On July 19, 1995, the Shaling Credit Cooperative in Yuhong District of Shenyang City and the Feixiang Meat Products Factory in Tiexi District of Shenyang City signed a real estate and land transfer agreement.

 The Shaling Credit Cooperative transferred all of its property with a certificate of 1,100 square meters. Land and all facilities in the hospital were transferred to Feixiang Meat Products Factory for a total price of RMB 560,000.

 

On August 3, 1995, Shenyang Feixiang Meat Products Factory was registered and established, the legal representative was Pan Yumin, and the nature of the enterprise was a collective of the town.

 

On August 15, 1995, Shenyang Feixiang Meat Products Factory obtained a house photo with a construction area of ​​1,100 square meters. Pan Yumin stated that the company had not been registered.

 

On March 5, 1998, Shenyang Yumin Meat Products Factory was established, the person in charge is Pan Yumin, and the economic nature is a wholly-owned private enterprise.

 

On July 29, 2003, Shenyang Jinfeng Meat Products Factory, as a land user, obtained a collective land use certificate for industrial use and an area of ​​4,603.76 square meters.

 

On December 25, 2008, the Yuhong District Government issued a land acquisition announcement that Pan Yumin’s case involved houses and land within the scope of acquisition.

 

On July 18, 2011, Shenyang City Yuhong District Urban and Rural Construction Administration, Shenyang City Yuhong District Shaling Sub-district Office, and Shenyang City Management Administrative Law Enforcement Bureau Yuhong Branch jointly made the letter of Shencheng Xing Xingzhilianzhi (2011) 


Demolition Decision within a Time Limit

The Shaling-026 "Demolition Decision within a Time Limit" decided to demolish the ground objects and auxiliary facilities involved in this case within a time limit. 

The reason for the application recorded in the "Approval Form for Mandatory Demolition of Illegal Buildings" is "the expropriation of houses in Shaling Auxiliary City to demolish unlicensed houses".

 

In September 2011, the ground objects involved in this case were forcibly demolished.

On December 27, 2018, the Higher People’s Court of Liaoning Province issued a second-instance judgment, ruling that the People’s Government of Yuhong District, Shenyang City, should pay Pan Yumin RMB 4,840,000 in compensation for housing with a certificate, and RMB 389,465 in compensation for Pan Yumin’s other ground attachments and fruit trees and Pan Yumin.

 Yumin's non-ownership housing compensation was 1,948,292 yuan, and Pan Yumin was paid 1,341,739 yuan for land compensation and interest.

 

Buildings without Housing Ownership Certificates Compensation while Demolition

2020.06.18, the Supreme People’s Court of the People’s Republic of China (2019) Supreme Law Xingshen No. 7904 Administrative Ruling, rejected the retrial application of the retrial applicant by the People’s Government of Yuhong District, Shenyang City, Liaoning Province.

 

Supreme Court opinion: Although the house has no real estate file, it is a historical issue, and it is not improper to obtain compensation for the land involved in the case.

 

There are 3 reasons for the highest determination that the unlicensed houses should be compensated:

First, when Pan Yumin provided the People's Court with evidence such as the "House Photo" and the deed tax certificate, the 1,100-square-meter house involved in the case has no real estate file but is a historical issue, and compensation is based on the licensed house and business house There is nothing wrong.

 

Second, the "Certificate" issued by the sub-district office confirmed that the non-ownership house involved in the case was built in 1976. It was originally an office house of the township people’s government. 

It was also legally purchased by Pan Yumin from the Shaling Credit Cooperative. There was no house ownership certificate. Its historical reasons. If the Hong District Government has not submitted sufficient evidence to prove that it is an illegal building, it should not be considered an illegal building.

 

Third, the land involved in the case belongs to collective construction land, which Pan Yumin legally purchased from Shaling Credit Cooperative in 1995, has obtained a collective land use certificate in accordance with the law, and enjoys the right to possess, use and obtain profits.

 

 

Attachment: Original Judgment Document

 

Supreme People's Court of the People's Republic of China

 

Administrative ruling

 

(2019) Supreme Law Xing Shen No. 7904

 

Applicant for retrial (defendant in first instance, appellant in second instance): People's Government of Yuhong District, Shenyang City, Liaoning Province.

 

Address: No. 37, Huanghai Road, Yuhong District, Shenyang City, Liaoning Province.

 

Legal representative: Wang Qinghai, the head of the district people’s government.

 

Entrusted litigation agent: Tang Ning, lawyer of Liaoning Tongfang Law Firm.

 

Respondent (plaintiff in the first instance, appellant in the second instance): Pan Yumin, male, born on May 20, 1963, Han nationality, living in Liaoning Province.

 

Appellee in the second instance (defendant in the first instance): Shaling Sub-district Office, Yuhong District, Shenyang City, Liaoning Province.

 

Domicile: Shaling Village, Shaling Street, Yuhong District, Shenyang City, Liaoning Province.

 

Legal representative: Jin Xiaowen, director of the office.

 

The retrial applicant, Yuhong District People’s Government of Shenyang City, Liaoning Province (hereinafter referred to as Yuhong District Government), has performed compensation duties due to Pan Yumin suing him and Shaling Sub-district Office of Yuhong District, Shenyang City, Liaoning Province (hereinafter referred to as Shaling Sub-district Office) In one case, the Liaoning Provincial Higher People's Court (2018) Liao Xing Zhong No. 1519 Administrative Judgment was dissatisfied and applied to this court for a retrial. 

This court formed a collegial panel in accordance with the law and reviewed the case, which has now been concluded.

 

The Yuhong District Government applied to this court for retrial on the grounds that the court judged it to pay Pan Yumin's land compensation fees, compensate for the illegally constructed houses involved in the case, and compensate the houses with property rights certificates involved in the case at 4,400 yuan per square meter without legal basis, etc. 

 Request: Revocation of the second-instance judgment; dismissed Pan Yumin’s request for compensation for land compensation and illegally built houses, and changed the judgment to compensate Pan Yumin for a house of 1,100 square meters according to the compensation standard for unlicensed houses.

 

This court believes that the focus of the dispute in this case is the compensation of 1,100 square meters of property certificated houses, non-ownership houses and land. 

First of all, the house with the title certificate was originally the office building of the township people's government, and later it was the business place of the Shaling Credit Cooperative (hereinafter referred to as the Shaling Credit Cooperative) in Yuhong District, Shenyang City.

 After Pan Yumin legally purchased a house with a title certificate from the Shaling Credit Cooperative, it was used as a meat processing plant business premises and workshop. 

In the case that Pan Yumin provided the People’s Court with evidence such as the "House Photo" and the deed tax certificate, the 1,100-square-meter house involved in the case had no real estate file, but it was a historical issue. 

There was no compensation based on the licensed house and business house. improper.

 After field visits and price inquiry, the original court of trial determined the compensation unit price based on 80% of the lowest average transaction price of the surrounding commercial houses for sale when the houses involved were demolished in 2011, which was not inappropriate. 

Therefore, the Hong District Government’s claim that the house with title certificate should be unlicensed due to the lack of real estate files, and that the unit price of house compensation determined by the original trial court has no factual and legal basis is not supported.

 

Secondly, the court of second instance determined that the "Certificate" issued by the Shaling Sub-district Office confirmed that the non-proprietary house involved in the case was built in 1976. It was originally an office building for the township people's government and was also legally purchased by Pan Yumin from the Shaling Credit Cooperative. 

The housing title certificate has its historical reasons. If the Hong District Government has not submitted sufficient evidence to prove that it is an illegal building, it should not be considered an illegal building. 

The court of second instance, after comprehensively considering the historical reasons for the failure to register the property rights, the value of the land, the use of the house, and the lowest average transaction price of the surrounding commercial houses when the houses involved were demolished in 2011, determined the compensation unit price of 2,750 yuan per square meter and Nothing wrong.

 Therefore, the Hong District Government’s claim that the non-proprietary houses involved in the case should not be compensated for illegal constructions is not supported.

 

Finally, the land involved in the case belongs to collective construction land, which Pan Yumin legally purchased from Shaling Credit Cooperative in 1995, has obtained a collective land use certificate according to law, and enjoys the right to possess, use, and obtain income. 

Accordingly, the court of second instance found that Pan Yumin had the right to obtain compensation for the land involved in the case. According to the relevant land price guarantee standards of Shenyang City, Liaoning Province, the court of second instance considered that the land value under the item already included in the compensation for houses with title certificates and non-ownership houses should deduct the corresponding area, and finally determined that the area of ​​the land involved in the case should be 2,795.29 square meters. 

The compensation standard is 480 yuan per square meter. Therefore, the Hong District Government’s claim of the court of second instance that the payment of land compensation to Pan Yumin was an error in the application of law is not supported.

 

In summary, the retrial application of the Yuhong District Government does not comply with the circumstances stipulated in Article 91 of the Administrative Procedure Law of the People’s Republic of China.

 In accordance with the "Interpretation of the Supreme People's Court on the Application of the "Administrative Procedure Law of the People's Republic of China"" Article 116, paragraph 2, the ruling is as follows:

 

The retrial application of the People's Government of Yuhong District, Shenyang City, Liaoning Province, was rejected.

 

Presiding judge    Liang Fengyun

 

Judge    Zhang  yan

 

Judge    Zhang   Sword

 

June 18, 2020

 

Assistant Judge Tao Zou

 

 

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