Compensation standard for urban renewal in Shenzhen

Legal analysis: A variety of compensation methods for demolition are stipulated. It is clear that property owners can choose property rights replacement, monetary compensation or a combination of the two compensation methods for demolition, fully respect the independent will of property owners and give play to the enthusiasm of residents. The minimum compensation standard for relocation and resettlement is stipulated. If the property right of a clearly registered commodity house (i.e. a red house) is changed from the original property right, compensation shall be made according to the proportion of the interior area not less than 1: 1. The compensation standard for demolition of other legal buildings and historical illegal buildings shall be determined by the market subject and the property owner through consultation with reference to the relevant provisions of the housing levy in this Municipality. The processing method of area error is specified. It is clearly required that the actual area of property right exchange shall not be less than the agreed area. If the error of the property right exchange area exceeds 3%, the property owner can no longer pay the house price for the part exceeding the area, which effectively enhances the people's sense of acquisition. The node of cancellation of real estate ownership is specified. It is clear that the market subject has signed a project implementation supervision agreement with the district urban renewal department, and the building can only be demolished according to the regulations after it is filed with the district housing and construction department. After the building is demolished, the property owner or the market subject entrusted by him shall go through the formalities for cancellation of registration of real estate ownership according to law, so as to protect the legitimate rights and interests of the property owner to the maximum extent.

Legal basis: Regulations on Urban Renewal of Shenzhen Special Economic Zone.

Thirty-fourth urban renewal and demolition compensation can be used in the form of property rights exchange, monetary compensation or a combination of the two, and property rights holders can choose voluntarily. In principle, policy housing adopts the way of property right replacement to compensate the houses with the same property right restrictions as the houses to be demolished.

If the registered commercial residential property is replaced by in-situ property rights, compensation shall be made according to the ratio of not less than one to one in the interior area; The actual area of property rights exchange shall not be less than the agreed area. If the excess area is less than 3% due to errors, the property owner can no longer pay the house price for the excess area. Resettlement compensation should be paid as agreed at the latest on the date when the property owner moves out.

The compensation standard for demolition of other legal buildings and historical illegal buildings other than those specified in the preceding paragraph shall be determined by the market subject and the property owner through consultation with reference to the relevant provisions of the city's housing expropriation.

Article 35 When the area of the exclusive part of the signed demolition compensation agreement or the number of property owners accounts for no less than 95%, if the market participants and the unsigned owners cannot reach an agreement after full consultation, they may apply to the District People's Government where the project is located for mediation, and the District People's Government may also convene relevant parties to mediate.