How to compensate for the demolition and resettlement houses?

Resettlement housing is a type of housing in China. Resettlement houses are mainly divided into resettlement houses and resettlement houses. When the house is demolished, the demolished person needs compensation. If the resettlement house is demolished, how can the resettlement house be compensated? Let me answer for the reader.

First, how to compensate for the relocation of resettlement houses

There are two ways to compensate for house demolition: monetary compensation and property right exchange.

(1) monetary compensation

Monetary compensation refers to a resettlement method in which the demolished person makes monetary compensation to the demolished person after evaluating and pricing the houses and their attachments within the scope of demolition approved according to law, and the demolished person buys the houses by himself. The amount of monetary compensation shall be determined according to the location, use and construction area of the house to be demolished, and the specific measures shall be designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

(2) Property right transaction

Property right exchange refers to a compensation method that the demolished person exchanges the house rebuilt in different places or in situ with the house of the demolished person according to certain standards. Article 25 of the Regulations on the Management of Urban House Demolition stipulates: "If the house property right is exchanged, the demolisher and the demolished person shall calculate the compensation amount of the demolished house and the price of the exchanged house in accordance with the provisions of Article 24 of these regulations, and settle the price difference of the property right exchange." That is, according to the location, use, construction area and other factors of the house, the demolisher and the demolished calculate the compensation amount of the house to be demolished and the price of the house to be replaced at the assessed price of the real estate market, and settle the price difference of the property right exchange. Demolition should provide houses that meet the national quality and safety standards for demolition and resettlement.

Under normal circumstances, the demolished can choose the compensation method, but there are two exceptions: the demolition of non-public housing attachments, without property rights exchange, the demolished will give monetary compensation. If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person. If the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee.

Second, how to determine the compensation standard for house demolition?

(A) the basic determination of standards

According to the different choices of the demolished people and the demolished people on compensation methods, the compensation standards for house demolition are complex and diverse. But basically each method will follow the following basic elements to determine the amount of compensation for demolition.

1, the amount of monetary compensation is determined by the appraised price of the real estate market according to the location, use and construction area of the house to be demolished. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

2, the implementation of housing property rights exchange, the demolition and demolition should be calculated in accordance with the provisions of the demolition of housing compensation and the exchange of housing prices, and settle the price difference of property rights exchange.

However, it should be noted here that the demolition of non-public housing appendages will not be replaced by property rights, and the demolition will give monetary compensation.

Demolition of public housing, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation. Demolition of rental housing, the demolition of housing tenants to terminate the lease relationship, or the demolition of housing tenants for resettlement, demolition compensation.

(2) Specific calculation criteria

1, calculation standard for house demolition

(1) Monetary compensation for house demolition = appraisal price of legally owned real estate+agreed compensation amount for house decoration (or compensation amount for house decoration determined by appraisal).

(2) Housing demolition compensation price difference = legally owned real estate appraisal price+agreed compensation amount for house decoration (or the compensation amount for house decoration determined by appraisal)-the appraisal price of the house with property right exchange obtained by the demolished person.

2, housing demolition resettlement fee calculation standard

Housing demolition and resettlement fee = relocation subsidy+temporary resettlement subsidy without turnover housing+temporary resettlement subsidy beyond the transition period+compensation for losses caused by non-residential housing shutdown and closure.

Please note:

(1) If the demolisher provides a revolving house and the demolisher uses the house to live, the second subsidy in the formula is 0;

(2) If the house to be demolished is a residential house, the compensation in Item 4 of the formula is 0;

(3) The relocated people have been compensated, indicating that the house is for their own use.

3. What are the types of resettlement houses?

The so-called demolition and resettlement houses refer to houses that have been demolished for urban planning, land development and other reasons and placed for residents or lessees to live in. Because the resettlement targets are specific relocated households, the sale of such houses is not only regulated by laws and regulations, but also restricted by relevant local policies of the local government. Therefore, it is very different from ordinary commercial housing transactions.

According to the provisions of relevant laws and policies, resettlement houses are generally divided into two categories:

One is the supporting commercial housing built by residents due to major municipal projects or the low-priced commercial housing purchased. For example, the Expo demolition on both sides of Huangpu River. According to the relevant regulations, if the demolished person obtains the supporting commercial house, the property right of the house belongs to the individual, but it shall not be listed and traded within 5 years after obtaining the ownership.

The other is the low-priced commercial housing (relative to the market price) relocated due to real estate development and other factors, which is resettled or purchased by the relocation company through other means. This kind of commercial housing is no different from ordinary commercial housing. Private property belonging to the resettled person can be freely listed and traded without any restriction on the transfer period.