Compensation standard for demolition in Huangshan City

I. Demolition compensation standard The demolition compensation standard is based on the construction land use right certificate and the housing surveying and mapping data of the land department, or on the construction area specified in the housing ownership certificate and the evaluation value of the housing market in the demolished area, depending on the local demolition policy. 2. Should the relocated households believe that the expropriated party threatens not to relocate? If the expropriated party threatens not to relocate, it will be demolished, depending on whether the demolition is legal. If it is legal, it can be forcibly removed. If it meets the requirements, the relocated households should be prepared to avoid their own interests being infringed. Article 24 of the Regulations on Expropriation and Compensation of Houses on State-owned Land stipulates that the municipal and county people's governments and their relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with those who violate urban and rural planning according to law. 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. Three, how to choose the demolition compensation standard to choose the implementation of housing compensation, according to the nature of urban planning and construction projects, the implementation of local or off-site compensation. Demolition of residential houses, demolition area for residential housing construction, the demolition of local housing compensation and in accordance with the approved construction project planning can meet the demolition of housing compensation requirements, the demolition should implement local housing compensation. Compensation According to the new regulations on commodity housing prices, if monetary compensation is implemented for the demolition of residential houses, the sum of the demolished housing area and the improved housing area shall be settled according to the calculation method of local housing compensation and the sales price of new commercial housing in the demolition area; The part where the sum of the demolished area and the improved housing area is less than 45 square meters shall be settled at 50% of the sales price of new commercial housing in the demolished area (but not lower than the affordable housing price in the same period) and included in the demolition compensation. The sales price of new commercial housing in the demolition area stipulated in the new regulations shall be determined by the real estate market evaluation price on the date of house demolition announcement.

Legal objectivity:

The latest compensation standard for house demolition in Huangshan City Article 24 The compensation method for house demolition can be monetary compensation or house property right exchange. Unless otherwise stipulated by laws and regulations, the demolished person has the right to choose the compensation method for demolition. Twenty-fifth the amount of monetary compensation for houses to be demolished is determined according to the assessed price of the real estate market. The appraisal price of the real estate market is determined by a legally qualified real estate appraisal institution according to the benchmark price of monetary compensation announced by the Municipal People's Government, combined with the location, use, construction area, building structure, innovation and other factors of the house to be demolished, and the specific measures are implemented in accordance with the provisions formulated by the construction administrative department of the provincial people's government. Real estate appraisal institutions shall be determined by the parties involved in the demolition through consultation; If negotiation fails, it shall be determined randomly by the real estate administrative department. The cost of the assessment shall be borne by the residents. The benchmark price of monetary compensation shall be determined by the municipal real estate administrative department in conjunction with the price and land administrative departments, submitted to the Municipal People's Government for approval, and published before 1 every year. Housing compensation on collective land under the circumstances specified in Article 2 of these Detailed Rules shall be implemented in accordance with the following principles: (1) Monetary compensation or property right exchange shall be implemented for those who are demolished in areas that do not have the conditions for re-examination and approval of homesteads, or those who do not need homesteads despite the conditions for re-examination and approval of homesteads. (two) for residents who have the conditions for further examination and approval of the homestead, they can apply for further examination and approval of the homestead, but only compensate the legal part of the demolished house. The amount of compensation is determined by a legally qualified real estate appraisal agency according to the construction area (legal part) of the house to be demolished and the replacement price of the house. (three) the replacement price of all kinds of houses shall be determined by the municipal real estate administrative department in conjunction with the price administrative department, approved by the Municipal People's government, and announced before 1 year. Twenty-sixth housing units to implement the real estate market evaluation price publicity system. The real estate appraisal institution shall publish the main information such as the name of the demolished person, the house number of the demolished house, the appraisal factors, the appraisal basis, the appraisal price, etc. in the demolished area. Release time shall not be less than 10 days. Article 27 If a demolition party disagrees with the evaluation result, it may apply to the real estate administrative department where the house is located for evaluation within 10 days from the date of receiving the evaluation result, and the real estate administrative department shall set up a real estate evaluation committee to evaluate it within 10 days from the date of receiving the application for evaluation. The real estate appraisal committee consists of a registered real estate appraiser, an appraiser recognized by the construction administrative department of the provincial people's government and relevant legal experts. The experts specified in the preceding paragraph shall be randomly selected and determined by the real estate administrative department from the roster of experts established by the construction administrative department of the provincial people's government. If the demolition party applies for appraisal, the appraisal conclusion shall be used as the basis for the ruling of the ruling authority; Did not apply for identification, identification results as the basis of the ruling authority; The appraisal fee shall be borne by the appraisal applicant. Twenty-eighth the purpose and construction area of the house to be demolished shall be subject to the purpose and construction area marked by the real estate ownership certificate of the house to be demolished. If the purpose of the house is not indicated in the property right certificate and the property right file, the purpose of the house can only be recognized after the application of the property owner and the consent of the planning department and the relevant formalities in the real estate department. If there is any objection to the confirmation of the use of the house, it shall be confirmed by the real estate administrative department. 1 April 9901People's Republic of China (PRC) City Planning Law has changed the use of houses and continues to use them according to the changed use. After the application of the owner of the house, the registration is changed by the management department responsible for the registration of house property rights, and the purpose after the change is determined. Article 29 Where the house property right exchange is implemented, the demolisher shall provide the demolished person with a resettlement house not less than the original construction area of the demolished house, and the demolished person and the demolished person shall calculate the compensation amount of the demolished house and the price of the resettlement house in accordance with the provisions of Article 25 of these Detailed Rules, and settle the price difference of the property right exchange. Resettlement houses provided by residents shall meet the national quality and safety standards; Belonging to the new resettlement housing, it shall meet the requirements of the design specifications and pass the acceptance. Article 30 If the demolished person belongs to a family with special difficulties in life, and the per capita construction area of the demolished residential house is lower than the per capita construction area of the district and county where it is located (subject to the standard of the previous year published by the statistics department), when the property right exchange is implemented, the demolished person shall provide houses with per capita construction area not lower than that of the district and county where it is located as resettlement houses. If the price of the resettlement house is higher than the price of the demolished house, the price difference between the demolished house and the resettlement house will not be settled. The poverty-stricken households mentioned in the preceding paragraph refer to urban residents who enjoy the minimum living allowance in accordance with the relevant provisions of the state and the province. Thirty-first 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 attachments to non-public housing, no property rights exchange, monetary compensation by the demolition. Thirty-second demolition of rental housing, the demolition and the lessee to terminate the lease relationship, or by the demolition of housing tenants for resettlement, the demolition of compensation for the demolition. 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. The house with property right exchange is leased by the original lessee, and the demolished person shall conclude a new contract with the original lessee. Thirty-third demolition of public housing, housing tenant in accordance with the housing reform policy to enjoy the right to buy, after the purchase of housing tenant, the demolition should be taken in accordance with the law to compensate and resettle. If the lessee does not enjoy the right to purchase houses stipulated in the housing reform policy, and has not reached an agreement with the demolished person to terminate the lease relationship, the demolished person shall exchange the property rights of the demolished person. Where 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 house lessee. Thirty-fourth demolition of real estate administrative departments escrow housing, escrow housing users, should implement housing property rights exchange; If there is no user in the escrow house, the custodian shall choose the compensation and resettlement method. If the custodian chooses to exchange property rights of the house, the house with property rights exchange shall still be managed by the custodian; If monetary compensation is selected, the amount of monetary compensation shall be deposited in the bank by the custodian's special account. Thirty-fifth demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees. Thirty-sixth houses to be demolished in any of the following circumstances, the demolition compensation and resettlement plan proposed by the demolition, submitted to the real estate administrative department for examination and approval before the implementation of demolition: (1) there is a property dispute; (two) the whereabouts of the property owner is unknown; (three) some people in the house can not reach an agreement on the compensation method for demolition. Before the house demolition under the circumstances listed in the preceding paragraph, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the house to be demolished. Thirty-seventh illegal buildings within the scope of demolition and temporary buildings exceeding the approved period, all people should dismantle themselves within the demolition period specified in the house demolition permit. Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; Demolition of temporary buildings that have not exceeded the approved period shall be appropriately compensated according to the project cost and remaining period of the demolished building. Thirty-eighth demolition of housing property rights exchange, the transition period of residential housing shall not exceed 0.8 months, the transition period of non-residential housing shall not exceed 24 months. The demolisher shall complete the resettlement of the demolished person or lessee within the prescribed transition period. The transition period of the demolition of residential houses and revolving houses can be solved by the demolition or the lessee, and can also be provided by the demolition. The demolished person or lessee has the right to choose the transition mode, and the demolished person may not force or refuse. If the demolisher provides the revolving room, the demolished person or lessee shall vacate the revolving room within 4 months after receiving the resettlement house. Thirty-ninth people should be taken to the demolition of residential housing or housing tenant to pay relocation subsidies. The specific standard of relocation allowance shall be determined by the municipal real estate administrative department in conjunction with the price administrative department, approved by the Municipal People's Government, and published before 1+0 every year. The implementation of housing property rights exchange, the demolition or housing tenant from the demolition of housing turnover to resettlement housing, the demolition should pay relocation subsidies again. Fortieth in the transition period, the demolition of residential housing or housing tenant to solve the housing turnover, the demolition should be from the month of relocation to be placed within 4 months after the payment of temporary resettlement subsidies; Demolition over the transition period did not provide resettlement housing, from the overdue month, in accordance with the original standard of 2 times to pay temporary resettlement subsidies. Demolition of housing turnover, no longer pay temporary resettlement subsidies. Demolition over the transition period did not provide resettlement housing, in addition to continue to provide turnover housing, from the overdue month, in accordance with the provisions of the standard to pay temporary resettlement subsidies. The temporary resettlement subsidy is determined according to the average price of the local rented houses and the demolished houses with a considerable area and lots. The specific standards shall be determined by the municipal real estate administrative department in conjunction with the price administrative department, approved by the Municipal People's Government, and published before 1 every year. Article 41 When demolishing a non-residential house, the demolisher shall compensate the demolished person or lessee for the following expenses: (1) Equipment relocation and installation expenses calculated according to the freight price and equipment installation price stipulated by the state and the province; (two) the equipment that can not be restored to use shall be combined into a new settlement fee according to the replacement price; (three) due to the demolition caused by the suspension of production and business, give appropriate compensation. The specific standard of compensation prescribed in the preceding paragraph shall be determined by the municipal real estate administrative department in conjunction with the price administrative department, approved by the Municipal People's Government, and published before 1+0 every year. Forty-second monetary compensation, in addition to the settlement of monetary compensation in accordance with the provisions of Article 25 of these rules, the demolition should pay the following expenses to the users of the demolished houses: (1) a one-time relocation subsidy; (two) 3 months of temporary resettlement subsidies; (three) the loss of three months (limited to the production, operation and office space). Forty-third after the demolition compensation and resettlement, the demolition shall hand over the real estate certificate of the house to the demolition, and the demolition shall hand it over to the management department responsible for the registration of house property rights for cancellation. Residential houses purchased by monetary compensation and residential houses with property rights exchange equal to the construction area of the demolished houses shall be exempted from relevant taxes and fees when handling the real estate license.