Compensation standard for demolition in Tongnan District

The definition of demolition compensation refers to the compensation given by the demolition person to the owner of the demolished house according to the regulations on the expropriation and compensation of houses on state-owned land. Demolition compensation can be monetary compensation, housing property rights exchange, or a combination of monetary compensation and property rights exchange. On October 2, 20 111/compensation for demolition of state-owned land, the Regulations on Expropriation and Compensation for Houses on State-owned Land was officially promulgated, and the Regulations on Management of Urban House Demolition promulgated by the State Council in June1was abolished at the same time. The Regulation on Expropriation and Compensation of Houses on State-owned Land has been adopted at the1119 executive meeting in the State Council. The promulgation of the new regulations marks that the compensation for demolition has entered a new era of democratization and diversification. In the new regulations, the compensation for demolition has changed from the official evaluation to the second consultation system and the application evaluation review system, which indicates that the demolition has been proceeding from people's livelihood and human rights and gradually matured. It is predicted that the latest compensation regulations for collective land demolition will be promulgated in the fourth quarter of 20 1 1. At present, the compensation for collective land demolition can refer to the Regulations on Expropriation and Compensation of Houses on State-owned Land. Monetary Compensation for Demolition Monetary compensation is a professional evaluation of the demolished houses by professional evaluation institutions according to different legal basis, thus generating a well-documented compensation amount. The following are three legal evaluation bases: Market evaluation price refers to the real estate market price of the demolished houses, which is a professional evaluation institution that meets the requirements. It follows the evaluation principles, follows the evaluation procedures, selects appropriate evaluation methods, comprehensively analyzes the factors affecting real estate prices, and estimates and judges the objective and reasonable price or value of real estate at the evaluation time. The average transaction price of commercial housing refers to the average transaction price of ordinary residential commercial housing of the same type in the same area, which is regularly summarized, calculated and published by relevant departments every quarter. The replacement price refers to the normal price of a new building with the same function and use as the appraised object, which is determined by the appraisal institution according to the price level at the appraisal time by adopting the building materials and construction technology at the appraisal time. The above three prices are the legal basis for compensation for demolition, but they have different uses and are applicable to different situations. Property right replacement Property right replacement is also called property right replacement. According to different evaluation methods, there are two alternative methods. Value standard property right replacement refers to the evaluation of the property right value of the demolished house according to legal procedures, and then the equivalent replacement of the value with the property right of the newly-built house. Area standard property right exchange refers to the exchange of property rights in different places based on the construction area and without settlement of the price difference within the resettlement area. Property right replacement is divided into two forms: one is resettlement in different places. Resettlement in different places means that because the developer's project does not involve housing or because of the plot ratio of the plot, it is impossible to move back and resettle, so he can only choose to build new resettlement houses on other plots, and then try to replace the equivalent property rights through the increase or decrease of property rights. Second, resettlement. Relocation and resettlement means that the relocation and reconstruction project of the developer can complete the relocation and resettlement, and the relocation and resettlement can be completed through the proportion of property rights replacement. Attachment: At present, all major cities in China have stipulated the minimum per capita area of demolition compensation. For example, the minimum per capita area in Shanghai is 22m2, so it is necessary to demolish and resettle. As the name implies, the compensation method of combining the two means both monetary compensation and property right replacement. Due to many objective factors such as China's urbanization process, housing prices and land prices are artificially high, which leads to many problems that cannot be solved by monetary compensation or property rights replacement alone, so a compensation method combining monetary compensation and property rights replacement has emerged. Chapter III Compensation Contents of the New Regulations Article 17 The compensation given to the expropriated person by the people's government at the city or county level that has made the decision on house expropriation includes: (1) compensation for the value of the expropriated house; (two) relocation compensation and temporary resettlement caused by the expropriation of houses; (3) Compensation for losses caused by expropriation of houses. The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people. Eighteenth expropriation of individual housing, the expropriated person meets the housing security conditions, the municipal and county people's governments shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Nineteenth the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method. If there is any objection to the value of the expropriated house determined by the assessment, it may apply to the real estate price assessment agency for review and assessment. If there is any objection to the review results, you may apply to the real estate price evaluation expert Committee for appraisal. Measures for the assessment of housing expropriation shall be formulated by the competent department of housing and urban construction in the State Council, and opinions shall be solicited from the public during the formulation process. Twentieth real estate price assessment agencies are selected by the expropriated person through consultation; If negotiation fails, it shall be determined by majority decision and random selection, and the specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and no unit or individual may interfere. Twenty-first expropriated people can choose monetary compensation, but also choose the exchange of housing property rights. If the expropriated person chooses to exchange property rights, the people's government at the city or county level shall provide houses with property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the houses with property rights exchange with the expropriated person. Because of the expropriation of individual houses in the old city, if the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, the people's government at the city or county level that made the decision on house expropriation shall provide the houses in the reconstruction area or nearby areas. Twenty-second relocation caused by the expropriation of houses, the house expropriation department shall pay the relocation fee to the expropriated person; If the house property right exchange is selected, before the house property right exchange is delivered, the house expropriation department shall pay the temporary resettlement fee to the expropriated person or provide the revolving house. Twenty-third compensation for losses caused by the expropriation of houses shall be determined according to the benefits before the expropriation of houses and the period of suspension of production and business. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Twenty-fourth city and county people's governments and their relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with violations of urban and rural planning. Before the people's government at the city or county level makes a decision on house expropriation, it shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. Compensation should be given to temporary buildings that have been recognized as legal buildings and have not exceeded the approved period; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period. Article 25 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Regulations, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house used for property right exchange, relocation expenses, temporary resettlement expenses or turnover of the house, loss of production or business suspension, relocation period, transition mode and transition period. After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law. Article 26 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of this Ordinance, and make an announcement within the scope of house expropriation. The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 25 of these Regulations. If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law. Twenty-seventh the implementation of housing expropriation should be compensated first, and then moved. After the people's government at the city or county level that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision. No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities. Article 28 If the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the people's government at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law. The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house. Twenty-ninth house expropriation departments shall establish compensation files for house expropriation according to law, and announce the household compensation to the expropriated person within the scope of house expropriation. Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results. Calculation formula of compensation standard for house demolition; All kinds of compensation paid by the demolition unit to the owner or user of the demolished house in accordance with the prescribed standards. Generally, there are: (1) house compensation fee (house 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. The formula for calculating the location compensation price of homestead and the replacement of demolished houses with new price structure is: compensation price of house demolition = location compensation price of homestead × area of homestead+replacement of demolished houses with new price. (1) Calculation standard of compensation for house demolition (1) Monetary compensation for house demolition = legally owned real estate appraisal price+agreed compensation amount for house decoration (or agreed compensation amount for house decoration) (2) Compensation difference for house demolition = legally owned real estate appraisal price+agreed compensation amount for house decoration or agreed compensation amount for house decoration)-Appraisal price of house with property right exchange obtained by the demolished person (2 Calculation standard of housing demolition and resettlement fee (the person to be demolished or the lessee) 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 suspension.