What are the policies for rural relocation?

1. What are the policies for the demolition of new countryside?

The new rural demolition policy is divided into three categories:

(a) monetary compensation for the expropriated house according to the market price of similar real estate;

(two) the property rights exchange between the houses rebuilt in different places or in situ and the houses demolished;

(3) The compensation method combining monetary compensation and property right replacement.

Compensation standard for rural land expropriation

1, cancel the compensation and resettlement of village or villagers' group system.

(1) You can choose monetary compensation, or you can choose the exchange of property right houses equivalent to monetary compensation.

(2) The calculation formula of monetary compensation amount is: (the replacement unit price of the demolished houses is merged to form the base price of land use right per square meter of construction area of new+new multi-storey commercial houses with the same area+price subsidy) × the construction area of the demolished houses.

(3) If the house to be demolished is evaluated by the replacement method, it will be merged into a new one according to the replacement unit price, and the land acquisition unit will entrust a real estate appraisal agency with the qualification of house demolition evaluation for evaluation; The benchmark price and price subsidy standard for the land use right per square meter of new multi-storey commercial residential buildings in the same area shall be formulated and promulgated by the people's governments of the cities and counties where the houses are to be demolished.

2. Irrevocable compensation and resettlement for the village or villagers' group whose land has been expropriated;

(1) Those who have not been transferred to urban household registration shall be compensated and resettled according to the following provisions:

(2) Areas with the conditions for ex situ building can apply for new housing on the homestead in the central village or residential area determined by the overall land use planning of the township (town) and obtain corresponding monetary compensation;

(3) The calculation formula of monetary compensation amount is: (the replacement unit price of the demolished house is combined into new+price subsidy) multiplied by the construction area of the demolished house; The expenses required for the demolition and use of the new homestead shall be paid by the construction unit to the village or villagers' group whose land is expropriated. The examination and approval procedures for the demolition of new houses on the homestead shall be implemented in accordance with the relevant provisions of the state and local rural housing construction.

(4) In areas that do not have the conditions for ex situ construction, you can choose monetary compensation, or you can choose the exchange of property houses equivalent to monetary compensation. The demolished person shall not apply for new housing on the homestead again. The principle should be to make the living standard of the demolished people not be reduced by the demolition.

Other compensation items for house demolition

In addition to the above compensation, the relocation allowance, equipment relocation fee and temporary resettlement allowance shall be compensated during the transition period, and the temporary resettlement allowance shall be increased from the overdue date of the transition period.

Compensation for removal of non-residential houses

1. For the demolition of enterprise-owned non-residential houses jointly organized by rural collective economic organizations, other units and individuals in the form of land use rights, the calculation formula of monetary compensation amount is: the replacement price of the demolished houses+the corresponding acquisition cost of land use rights.

2. The replacement price of the demolished house and the corresponding land use right acquisition fee shall be determined by the real estate appraisal agency.

3. Other compensation: the following expenses shall also be compensated for the demolished person:

(1) Equipment relocation and installation expenses calculated according to the freight transportation price and equipment installation price stipulated by the state and this Municipality.

(2) The equipment that can't be used again shall be merged into the newly settled expenses according to the replacement price.

(3) Appropriate compensation for shutdown due to demolition.

4. Compensation for other non-residential houses, sheds and other above-ground structures attached to residential houses shall be implemented with reference to local standards for above-ground attachments.

Compensation for rural demolition is calculated by household registration and head count.

(1) Compensation according to household registration: The Land Administration Law and the detailed implementation rules formulated by local governments according to this law shall apply to the land requisition and house demolition on collective land. Land requisition and demolition on collective land shall be compensated by members of the village collective economy, which is related to the household registration of the village. Compensation is not based on the land of the house, because the land belongs to the collective, and the owner of the house makes compensation after evaluating the construction cost on the ground.

(2) Compensation per head: According to the Land Management Law, villagers with registered residence can be assigned to homestead, and the area assigned is related to the population, but each household can only be assigned to a homestead. For families with separate accounts, whether they can be allocated separately according to the unified regulations formulated by the village Committee should be dealt with.

Subsidies or subsidies accumulated by the village collective for demolition compensation should be distributed according to the members of the collective economy.

Third, how to calculate the house area in rural areas?

The area of houses expropriated in rural areas is generally calculated according to the construction area, and the calculation formula is: building density = occupied area/land area; The courtyard is calculated according to the homestead, including three items: usable area, auxiliary area and structural area.

Legal basis:

land management law

Forty-fifth in order to meet the needs of public interests, under any of the following circumstances, it is really necessary to expropriate land collectively owned by farmers, which can be expropriated according to law:

Military and diplomatic needs;

(two) the government organization and implementation of energy, transportation, water conservancy, communications, postal and other infrastructure construction needs land;

(3) public utilities such as science and technology, education, culture, health, sports, protection of ecological environment and resources, disaster prevention and mitigation, protection of cultural relics, comprehensive community services, social welfare, municipal utilities, special care and resettlement, and protection of heroes and heroes need land;

(four) the land needed for poverty alleviation and relocation and affordable housing projects organized and implemented by the government;

(5) The local people's governments at or above the county level need to develop construction land within the scope of urban construction land determined in the overall land use planning with the approval of the people's governments at or above the provincial level;

(6) Other circumstances in which land collectively owned by farmers can be expropriated for public interests.

The construction activities specified in the preceding paragraph shall conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning; The construction activities specified in items (4) and (5) shall also be included in the annual plan for national economic and social development; The development plots specified in Item (5) shall meet the standards set by the competent department of natural resources of the State Council.

Article 46 The requisition of the following land shall be approved by the State Council:

(1) Permanent basic farmland;

(two) more than thirty-five hectares of arable land other than permanent basic farmland;

(3) More than 70 hectares of other land.

Requisition of land other than that specified in the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Where agricultural land is requisitioned, the approval procedures for the conversion of agricultural land shall be handled in advance in accordance with the provisions of Article 44 of this Law. Among them, if the agricultural land is converted with the approval of the State Council, the land acquisition approval procedures will be handled at the same time, and the land acquisition approval will not be handled separately; If the people's governments of provinces, autonomous regions and municipalities directly under the Central Government approve the conversion of agricultural land within the scope of land acquisition approval, they shall go through the formalities of land acquisition approval at the same time, and no longer go through the formalities of land acquisition approval separately. Beyond the approval authority of land acquisition, land acquisition approval shall be handled separately in accordance with the provisions of the first paragraph of this article.

Article 47 If the land is expropriated by the state, it shall be announced and implemented by the local people's government at or above the county level after being approved in accordance with legal procedures.

Where the local people's government at or above the county level intends to apply for land expropriation, it shall carry out investigation on the current situation of the expropriated land and assess the risk of social stability, and announce the scope of expropriation, the current situation of the land, the purpose of expropriation, compensation standards, resettlement methods and social security within the township (town), village and villagers' group where the expropriated land is located for at least 30 days, and listen to the opinions of rural collective economic organizations and their members, villagers' committees and other interested parties.

If most members of the rural collective economic organizations whose land has been expropriated think that the compensation and resettlement scheme for land expropriation does not conform to the provisions of laws and regulations, the local people's governments at or above the county level shall organize a hearing and modify the scheme according to the provisions of laws and regulations and the hearing.

The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, apply for compensation registration with the certificate of real estate ownership. The local people's governments at or above the county level shall organize the relevant departments to calculate and implement the relevant expenses, ensure that the full amount is in place, and sign compensation and resettlement agreements with the owners and users of the expropriated land; If it is really difficult for individuals to reach an agreement, they shall truthfully explain it when applying for land acquisition.

After the relevant preliminary work is completed, the local people's governments at or above the county level may apply for land acquisition.

Forty-eighth land acquisition should be given fair and reasonable compensation to ensure that the original living standards of landless farmers are not reduced and their long-term livelihood is guaranteed.

Land requisition shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops on time and in full according to law, and arrange social security fees for landless farmers.

The standards of land compensation and resettlement subsidies for requisitioning agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices in the region. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level and other factors, and be adjusted or re-published at least once every three years.

Compensation standards for expropriation of agricultural land, ground attachments and land other than young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. In accordance with the principle of compensation before relocation and improvement of living conditions, fair and reasonable compensation shall be given to rural villagers' houses, and the wishes of rural villagers shall be respected. Fair and reasonable compensation shall be given by rearranging housing sites, providing resettlement houses or monetary compensation, and compensation shall be paid for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and legitimate property rights and interests.

The local people's governments at or above the county level shall incorporate the land-expropriated farmers into the corresponding social security system such as providing for the aged. The social security expenses of landless peasants are mainly used for social insurance payment subsidies such as endowment insurance for eligible landless peasants. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the central government.