Shenzhen Housing Expropriation Compensation Standard

Legal analysis: According to Chinese laws, the compensation standard for demolition needs to be analyzed in detail. You can choose property rights replacement, monetary compensation or a combination of the two. 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. Because the land is different and needs specific analysis, it is recommended to consult the local demolition team.

Legal basis:

regulations on the expropriation and compensation of houses on state owned land

Article 17

The compensation given to the expropriated person by the people's government at the city or county level that 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.

Article 19

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.

Article 34 of the Regulations of Shenzhen Special Economic Zone on Urban Renewal: The compensation for urban renewal and demolition can take the form of property right exchange, monetary compensation or a combination of the two, and the property owner 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.