What is the minimum compensation area for demolition?

At work, I often receive inquiries from relocated households, asking how much money can be compensated if I choose resettlement houses for house demolition. "One demolition and one return" is a well-known principle of compensation for demolition, so now the problem is coming. What if the original housing area of the relocated households is very small, for example, only a dozen square meters? This situation is not a fabrication. In fact, due to historical reasons, houses with extremely small areas are not uncommon in the old cities of many cities. For such houses, if property rights are replaced, there is generally no resettlement house of the same area. If the principle of "demolition for one" is strictly followed, even if the difference is made up at the cost price, the relocated households will really cry-they have to spend a lot of money to choose resettlement houses and monetary compensation. Therefore, many relocated households will ask us whether the state and local governments have stipulated the minimum compensation area for demolition and whether there is any compensation area. For example, can a house below 45 square meters be demolished for 45 square meters free of charge?

What is the minimum compensation area for demolition?

First of all, the state has not clearly stipulated how many square meters the minimum compensation for demolition. However, in view of this situation, there is a principled provision in the Regulations on Expropriation and Compensation of Houses on State-owned Land, that is, Article 18: "If the expropriated person meets the housing security conditions, the people's government at the city or county level that made the decision on house expropriation shall give priority to housing security. The specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. " Therefore, if the area of the demolished house is too small, the relocated households can solve the housing problem through housing security if they meet the housing security conditions. Of course, the specific operation still needs to follow local regulations.

Secondly, many places do stipulate the minimum compensation area for demolition. Today, I sorted out some local regulations and vomited blood for everyone. If your house area is relatively small, including your city, congratulations, the minimum compensation area for demolition has rules to follow; Of course, what will be mentioned below is only a part of the local regulations (in fact, it is quite complete). If there is no city where you live, don't be discouraged. You can check whether there are similar regulations in the local area.

Below, for everyone to take stock of the relevant regulations on the small area of the demolished houses:

Shanghai 1

Detailed Rules for the Implementation of Housing Expropriation and Compensation on State-owned Land in Shanghai

Paragraph 5 of Article 28: If the expropriated house belongs to non-complete residential houses such as old-style alley houses and simple houses, the compensation amount of the expropriated house shall be increased by the subsidy in Xing Tao. Subsidies in Xing Tao = average evaluation price × subsidy area. Subsidies in Xing Tao area shall be calculated according to the legal and valid real estate warrants and rental public housing vouchers on the date when the house expropriation decision is made. Each subsidy area standard does not exceed 1.5 square meters of construction area, and the specific standards shall be formulated by the district (county) people's government.

Paragraph 1 of Article 31: After calculation according to the provisions of this Municipality on the verification of the housing area of affordable housing and the conversion formula stipulated in paragraph 2 of this Article, the needy households with per capita construction area less than 22 square meters will be given additional security subsidies, except those who have enjoyed the policy of affordable housing. Increased security subsidies can be used to buy houses with property rights exchange.

Paragraph 3 of Article 31: Guarantee subsidy = converted unit price × number of families with housing difficulties ×22 square meters-amount of compensation for expropriated houses.

2.hebei province

Measures for the implementation of housing expropriation and compensation on state-owned land in Hebei Province

Sixteenth expropriation of individual housing, the expropriated person meets the conditions of urban housing security, the city and county (city, district) people's government that made the decision on housing expropriation shall give priority to housing security in accordance with the following principles:

(a) the implementation of monetary compensation, belonging to low-income families and the total housing construction area of less than thirty square meters, according to thirty square meters of compensation, compensation is still in line with the conditions, giving priority to housing security;

(II) Where property rights exchange is implemented, the compensation price of the house to be expropriated shall be determined according to the assessed price of the real estate market, and then the house shall be exchanged. However, if the total construction area of the exchanged house is not less than 30 square meters and belongs to low-income families and the total construction area of the house is less than 30 square meters, the expropriated person will not pay the house price for the part within 30 square meters of the exchanged house, and the difference will be settled by the expropriated person according to the real estate market price.

For low-income families who are difficult to pay the price difference, the houses they exchange can be owned by the people's governments of cities and counties (cities, districts) according to a certain proportion. The part of the expropriated person who fails to meet the security standard pays the low-rent housing rent to the property owner, and the part that fails to meet the security standard pays the market rent to the property owner. When the expropriated person has the ability to pay and is willing to buy, he can buy at the market price at the time of re-purchase.

3.shandong province

Regulations of Shandong Province on Expropriation and Compensation of Houses on State-owned Land

Paragraph 1 of Article 25: If the expropriated individual has only one residential house, and the building area of the house is less than 45 square meters, the house expropriation department shall compensate the expropriated person for the minimum area, and the minimum area compensation standard shall not be less than 45 square meters. The specific standards shall be determined by the municipal people's government with districts and announced to the public.

Paragraph 2 of Article 25: The people's government that has made the decision on house expropriation shall bear the increased compensation expenses according to the minimum area.

Measures of Jinan Municipality on Expropriation and Compensation of Houses on State-owned Land

Paragraph 1 of Article 28: If the expropriated person or the lessee of public housing has only one house with a construction area of less than 46 square meters, the house expropriation department shall arrange housing according to the minimum residential design area stipulated by the state (hereinafter referred to as the minimum residential design area standard) or make monetary compensation according to the construction area of 46 square meters.

Regulations of Qingdao Municipality on Expropriation and Compensation of Houses on State-owned Land

Twenty-first expropriation of residential housing to implement on-site housing compensation, compensation area should be implemented in accordance with the following provisions:

(a) compensation according to the area of the house to be expropriated; If the area of the house to be expropriated is less than 25 square meters, it shall be calculated as 25 square meters;

(two) increase the housing improvement area of ten square meters;

(3) If the sum of the expropriated housing area and the improved housing area is less than 45 square meters, compensation shall be made according to 45 square meters, and the difference shall be paid according to 50% of the market price of new commercial housing in the expropriated area;

(four) the pool area of the compensation house is separately included in the compensation area.

Where the construction area of the compensation house exceeds the compensation area specified in the preceding paragraph, it shall be settled according to the market price of the compensation house.

The Municipal People's Government shall, according to the actual growth of the per capita housing area in this Municipality, raise the minimum compensation area standard in a timely manner. The municipal people's government at the county level may, according to the local actual situation, make appropriate adjustments to the compensation standards stipulated in this article and report them to the Municipal People's government for the record.

Measures of Zaozhuang Municipality on the expropriation and compensation of houses on state-owned land

Article 25 If the expropriated person has only one residential house, and the building area of the house is less than the minimum area of 46 square meters, the expropriated person may apply to the house expropriation department for housing difficulties and produce relevant certificates, and the house expropriation department shall publicize the house within the scope of house expropriation for no less than 10. Publicity without objection, the housing levy department in accordance with the multi-storey building 46 square meters, high-rise building 49 square meters to give monetary compensation or housing property rights exchange. The price difference within the above-mentioned area and the expenses for increasing the area shall not be borne by the expropriated person, and the excess area shall be purchased by the expropriated person at a ladder price and have full property rights.

4. Zhejiang

Regulations of Zhejiang Province on Expropriation and Compensation of Houses on State-owned Land

Paragraph 3 of Article 22: The specific standards for the construction area and the minimum compensation for low-income families with housing difficulties shall be formulated by the people's governments of cities and counties (cities, districts) divided into districts; Among them, the minimum compensation construction area is not less than 45 square meters.

Measures of Ningbo Municipality on Expropriation and Compensation of Houses on State-owned Land

Article 42 If the construction area of the expropriated residential houses belonging to low-income families with housing difficulties is lower than the minimum compensation construction area standard of 54 square meters per household, the part less than 54 square meters shall be compensated to the low-income families with housing difficulties according to the assessed price, except that the expropriated person and the lessee have other houses elsewhere.

If the expropriated person or lessee chooses to exchange property rights as mentioned in the preceding paragraph, the difference will not be settled for the part with a construction area of more than 54 square meters or the compensation value of the expropriated house (including the compensation for housing difficulties of low-income people); Property rights exchange housing construction area of more than fifty-four square meters and more than the housing compensation value, according to the provisions of the settlement price difference; If the expropriated person and the lessee cannot settle the price difference, the construction area converted from the price difference can be calculated according to the standard of public housing rent; If the expropriated person or lessee requests to purchase this part of the construction area after resettlement, it will still make up the purchase according to the difference at the time of expropriation.

Compensation for low-income families with housing difficulties shall be applied to the housing levy department by the expropriated person and lessee. The specific application measures shall be formulated and promulgated separately by the Municipal People's Government.

5.sichuan province

Regulations of Sichuan Province on Expropriation and Compensation of Houses on State-owned Land

Paragraph 2 of Article 36: The expropriated person whose private residential property has a construction area of less than 50 square meters has no housing elsewhere, and if it is verified that it meets the requirements of urban housing security, it will be resettled according to the standard apartment with a construction area of not less than 50 square meters, and the expropriated person will not pay compensation if it is less than 50 square meters.

6.Hunan Province

Regulations on resettlement of large and medium-sized reservoirs in Hunan Province

Paragraph 3 of Article 13: If the per capita housing area of rural immigrants is less than 25 square meters per household, the housing compensation fee shall be calculated according to the standard of 25 square meters per capita; The compensation fee for the difference beyond the actual housing area shall be coordinated by the people's government.

Measures for the implementation of housing expropriation and compensation on state-owned land in Changsha City

Article 38 The owner of the expropriated house who enjoys the social minimum living allowance of this Municipality and has a total construction area of less than 45 square meters within the scope of this Municipality (subject to the house ownership certificate, and the property right is not counted separately) shall be guaranteed the minimum area and compensated according to 45 square meters. However, for the difference between the legal area of the expropriated house and 45 square meters, other compensation such as decoration and relocation expenses will not be calculated, and preferential policies such as rewards will not be enjoyed.

After the scope of house expropriation is determined, if the expropriated person analyzes the property rights of the expropriated house, he shall not enjoy the minimum area guarantee stipulated in the preceding paragraph.

Measures for the Implementation of Housing Expropriation and Compensation on State-owned Land in Huaihua City (Trial)

Fortieth of the city within the scope of the city to enjoy the minimum social security benefits and the total construction area of less than 50 square meters (subject to the housing ownership certificate, property rights are not counted separately), the implementation of minimum area protection, compensation in accordance with 50 square meters. However, the difference between the legal area of the expropriated house and 50 square meters does not enjoy preferential policies such as incentives.

After the scope of house expropriation is determined, if the expropriated person analyzes the property rights of the expropriated house, he shall not enjoy the minimum area guarantee stipulated in the preceding paragraph.

Measures for the implementation of housing expropriation and compensation on state-owned land in Yongzhou City

Article 34 If the expropriated person is a household with housing difficulties, the minimum housing area shall be guaranteed. If the construction area of residential houses is less than 50m2 (including 50m2, where there are other houses in the same urban planning area), compensation and resettlement shall be made according to 50m2. However, for the part of the housing area subsidized by the expropriated person, other compensation such as decoration and relocation expenses are not calculated, and preferential policies such as incentives are not enjoyed.

After the scope of house expropriation is announced and determined, if the expropriated person analyzes the property rights of the expropriated house, he shall not enjoy the minimum area guarantee stipulated in the preceding paragraph.

Measures for the implementation of housing expropriation and compensation on state-owned land in Xiangtan City

Appendix 2: Standards for the Collection of Incentives and Subsidies for Houses on Urban State-owned Land.

4. After signing the compensation agreement and completing the relocation within the signing period determined by the housing expropriation compensation scheme, subsidies can be given according to the following items and standards: 2. Subsidies to low-income areas. Compensation will be given to the expropriated house owners (subject to the house ownership certificate, excluding the property right) who are included in the urban subsistence allowance and have a total construction area of less than 50m2 within the city. However, for the difference between the legal area of the expropriated house and 50m2, other compensations such as decoration and relocation expenses are not calculated, and policies such as rewards are not enjoyed.

After the scope of house expropriation is determined, if the expropriated person analyzes the property rights of the expropriated house, he shall not enjoy the minimum area guarantee stipulated in the preceding paragraph.

7.Hubei Province

Notice of Hubei Provincial People's Government on Further Accelerating the Renovation of Shantytowns

Fourth, do a good job of expropriation and compensation: "(1) People-oriented, according to the law and regulations. Strictly implement the relevant laws and regulations on house expropriation, respect the wishes of shantytown residents, adhere to the principle of "resettlement first, then transformation", disagree that more than half of the households are expropriated, and must hold a hearing and modify the expropriation plan according to the situation. If the housing area is too small, it is necessary to clarify the minimum area compensation standard. For shantytown residents who have financial difficulties and cannot afford resettlement houses, they can meet their basic living needs by providing public rental housing and property houses. "

Measures for the implementation of expropriation and compensation of houses on state-owned land in Hubei Province (effective from September 15, 2005)

Thirty-third city and county people's governments shall formulate standards for the construction area of compensation for demolition. If individual housing is expropriated, and the construction area of the expropriated house is less than the local minimum compensation construction area and it is the only house of the expropriated person, compensation shall be given according to the house value not less than the local minimum compensation construction area.

Measures for the implementation of housing expropriation and compensation on state-owned land in Wuhan

Fortieth expropriation of individual residential or public residential houses, the construction area is less than 30 square meters (involving the combined calculation of the construction area of houses with ownership and lease rights), and the expropriated person and the lessee of public housing choose monetary compensation and meet the following conditions at the same time, the expropriation compensation shall be given at 30 square meters:

(a) did not enjoy the city housing reform policy or housing security policy;

(two) the expropriated person, the lessee of public housing and their spouses have no other residential houses or rented public residential houses in this city within 2 years before the announcement of the expropriation decision.

If the lessee meets the conditions mentioned in the preceding paragraph, the monetary compensation exceeding the construction area of the expropriated house shall be paid to the lessee in full by the house expropriation department.

8. Liaoning Province

Measures of Shenyang Municipality on Expropriation and Compensation of Houses on State-owned Land

Twenty-fifth collection of residential housing with a construction area of less than 50 square meters, giving area subsidies. Subsidized area =50 square meters-the construction area of the expropriated house.

Interim Provisions on Housing Demolition and Resettlement of Residents in Coal Mining Subsidence Area of Fushun City

Article 11 Monetary compensation measures

(1) The monetary compensation amount of the demolished house is equal to the appraised unit price of the demolished house multiplied by the construction area of the demolished house.

(two) the demolition of housing area of less than 45 square meters, less than 45 square meters, according to the demolition of housing compensation area of 30% of the unit price to give the minimum area compensation.

(3) If the public housing is moved out of danger and the rent standard stipulated by the government is implemented, the lessee shall be compensated according to 85% of the unit price of the compensation area of the moved house, and 15% shall be paid to the owner of the house. If the original area is less than 45 square meters, the minimum area compensation shall be given to the lessee according to 30% of the unit price of the compensation area of the demolished house.

9.jiangsu province

Opinions of Nantong Municipal People's Government on Implementation

Paragraph 4 of Article 7: If the expropriated person has only one house and the amount of monetary compensation available is lower than the minimum standard of expropriation compensation, compensation shall be paid according to the minimum standard of expropriation compensation. The minimum compensation standard is 45m2 multiplied by the average selling price of affordable housing approved by the price department in the previous year. If the expropriated person does not choose monetary compensation, the house expropriation department shall provide a price-limited house (multi-storey) with a construction area of 45m2 for resettlement. If the resettlement house is more than 45m2, the excess area shall be settled at the price stipulated by the government.

Jilin Province 10

Interim Measures of Changchun Municipality on Expropriation and Compensation of Houses on State-owned Land

Thirty-second residential housing expropriated people choose monetary compensation, the expropriation of people to implement the subsidy system.

The subsidy amount of the expropriated residential house is: the assessed amount of the expropriated residential house multiplied by the increase rate. The increase rate is determined according to the construction area of the expropriated residential house. If the construction area is less than 25 square meters, the increase rate is 40%; If the construction area is more than or equal to 25 square meters and less than 33 square meters, the increase rate is 35%; If the construction area is more than or equal to 33 square meters and less than 4 1 square meter, the increase rate will be 30%; If the construction area is greater than or equal to 4 1 square meter and less than 49 square meters, the increase rate is 25%; Construction area of 49 square meters or more, the increase rate is 20%.

If the expropriated residential building area is less than 49 square meters, in addition to the subsidies specified in the preceding paragraph, subsidies shall also be given according to the amount of multi-storey residential building installation costs multiplied by the expropriated residential building area plus 49 square meters.

The regulation that the building area of expropriated residential houses is increased from less than 49 square meters to 49 square meters refers to the building area recorded in the house ownership certificate before July 3, 2004, or the building area initially registered after August/Kloc-0, 2004 is increased from less than 49 square meters to 49 square meters.

Article 34 For urban low-income households that meet the minimum living guarantee conditions for urban residents, only 1 set of houses with a construction area of less than 49 square meters, and are unable to settle the price difference, they shall be resettled according to houses with a construction area of 49 square meters after being identified by the civil affairs department. The part exceeding the original construction area belongs to the people's government.

Regulations of Jilin Municipality on Expropriation and Compensation of Houses on State-owned Land

Thirty-first new residential houses used for property rights exchange, the indoor construction area of design huxing, one room shall not be less than 40 square meters, two rooms shall not be less than 54 square meters, and three rooms shall not be less than 69 square meters.

Thirty-second residential housing expropriated people choose to exchange housing property rights, sign an agreement within the signing period and move on schedule, and be compensated and rewarded in accordance with the following provisions:

(1) The floor area ratio in the property right exchange house is increased by 10%, and the area of 10% is less than 9 square meters, which is increased to 9 square meters; The expropriated person does not need to pay the difference between the original area and the increased area;

(2) If the expropriated house is the only residence of the expropriated person in this city, if the construction area of the property right exchange house set determined in accordance with the provisions of Item (1) of this paragraph does not reach the minimum apartment layout area of one room design, it will be increased to the minimum apartment layout area of one room design free of charge;

(3) If the land level of the property right exchange house is lower than that of the expropriated house, the interior construction area will increase by 5% free of charge, and by 5% if it is less than 5 square meters, in addition to meeting the provisions in Items (1) and (2) of this paragraph;

(4) After calculating the housing area due to the expropriated person according to items (1), (2) and (3) of this paragraph, the expropriated person may choose a design apartment larger than and closest to this area (i.e. close to the house) or a apartment smaller than this area. Choose the nearest part that exceeds the due area, and pay the price according to the standard of 2000 yuan per square meter; Those who enjoy the minimum living guarantee for urban residents according to law are exempt from the above fees. For that part of the room whose area is small than its proper area,