How to compensate for cellar demolition

Compensation standard for cellar relocation

(1) Housing compensation fee (housing replacement fee), which is used to compensate the loss of the owner of the demolished house. According to the structure and depreciation degree of the demolished houses, it is calculated at the unit price of square meters.

(2) The turnover compensation fee is used to compensate the residents of the demolished houses for the inconvenience of living in temporary housing or the cost of asking for temporary accommodation. Temporary living conditions are graded, and residents of demolished houses are subsidized monthly.

(3) Reward and compensation fees are used to encourage residents who have been demolished to actively assist in house demolition or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring demolition units to resettle houses. The compensation standard for house demolition shall be determined by the local people's government according to the local actual situation and relevant national laws and policies.

Market evaluation price: refers to the real estate market price of the demolished house. It is an activity that professional appraisal institutions that meet the requirements, follow the appraisal principles and follow the appraisal procedures, choose appropriate appraisal methods, comprehensively analyze the factors that affect the real estate price, and estimate and judge the objective and reasonable price or value of real estate at the appraisal time.

Average transaction price of commercial housing: refers to the average transaction price of ordinary residential commercial housing in the same region and type, which is regularly summarized, calculated and published by relevant departments every quarter.

Replacement price: refers to the normal price of a new building with the same function and use as the appraised object determined by the appraisal institution according to the price level at the appraisal time by using the building materials and construction technology at the appraisal time.

legal ground

Article 2 of the Land Administration Law of the People's Republic of China The following land belongs to the whole people, that is, the state:

(1) Urban land;

(2) Land that has been expropriated, requisitioned or acquired as state-owned in rural areas and urban suburbs according to law;

(3) Land requisitioned by the state according to law;

(4) Woodlands, grasslands, wasteland, beaches and other lands that are not owned by collectives according to law;

(five) all the members of the rural collective economic organizations are turned into urban residents, and the land originally owned by its members collectively;

(6) Due to national migration, natural disasters and other reasons, after the collective organized land migration of farmers, the land that was originally owned by the relocated farmers and no longer used.

Article 48 of the Land Management Law of the People's Republic of China shall give fair and reasonable compensation to ensure that the original living standards of landless farmers will not be reduced and their long-term livelihood will be 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 the relocation and temporary resettlement expenses caused by expropriation shall be compensated, 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.