How to write the claim for compensation for house demolition?

Pay attention to when writing an application for compensation for house demolition:

If you apply to the house demolition management department, you should write an application.

If you sue the court for compensation, you should write a complaint.

Explain the legitimacy of your claim according to the fact that you have the ownership of the house and the relevant provisions of the law.

Suggest looking for a lawyer to draft it.

Extended reading:

Housing demolition claim case reference:

Appeal on the demolition of Furong Garden Community in Beihu District Planning

Leaders of Beihu Demolition Office:

We very much support the planning scheme and demolition work of the government departments in the Beihu area, and fully agree with the good measures to improve people's livelihood and the environment. We also actively responded to the relevant policies put forward by governments at all levels, street offices and demolition offices. However, as ordinary residents in the demolition area, we hold different opinions on the compensation standard for demolition and resettlement, and also have the following demands.

The Furong Garden Community where we live is a commercial house with complete land certificates and real estate licenses. It was completed in 2003, with short construction time and new appearance. It belongs to the multi-storey building category, with a transparent north-south apartment, good lighting effect, high indoor area utilization rate, small wall proportion, about 9% pool, greening rate greater than 35%, floor area ratio less than 2.5 (both greening rate and floor area ratio reach the optimal value of multi-storey building category), and the parking space ratio is up to standard, with real estate license and land certificate. The community is located in Beiyuan Street business district, with prosperous city and convenient transportation. In the future, there will be many bus lines, BRT stations, elevated road entrances and exits, and planned subway light rail R2 lines and M2 lines. Living facilities are perfect, and there are facilities such as Beiyuan Ginza Supermarket, Hualian Supermarket, Second Hospital of Shanda University, primary and secondary schools, major banks and so on. Property fee and parking space rent are relatively cheap, and the parking space ratio is sufficient. The property fee is 0.7 yuan/month/square meter, and the parking space rent is 50 yuan/person/month, which is very suitable for our poor residents.

According to the documents of the district government and the demolition office on the expropriation of the Beihu area, and referring to the document [20 1320], the compensation value of the expropriated residential houses depends on the market price of the newly-built ordinary commercial houses where they are located, so we have roughly counted the surrounding conditions and summarized them as follows:

Fenghui Community, the house is relatively old. The average price of Fenghui Community has exceeded 1 1000 yuan, and the price of a good apartment is higher.

Xinyuan's famous family, newly-built residence, high-rise unfurnished house price 10800 yuan /m2, paperback price11059-13043 yuan /m2, and high-rise share is about 25%. Xinyuan famous multi-storey residence, top floor 12500 yuan /m2, fifth floor 15385 yuan /m2. Its property fee is 1.75 yuan/month/square meter, parking fee is 1.20 yuan/person/month, and underground rent is 300 yuan/person/month.

Haier cloud world, the average pre-sale price of new residential buildings and high-rise buildings is 9500 yuan. If it is an existing house, the price is above 12500. The property management fee is 2. 15 yuan/month/square meter, and the parking fee cannot be lower than 200 yuan/person/month, otherwise it will only be sold without rent.

Huaguan Ziyutai (Lishan Jidi), a newly-built residence, close to the railway, high-voltage electricity radiation, noise pollution, average price of small and high-rise buildings 10800 yuan /m2. Property management fee 1.98 yuan/month/square meter, parking fee cannot be lower than 200 yuan/person/month, otherwise it will only be sold without rent.

Regarding the related issues of our company's underground-1 floor, our company has an independent property ownership certificate for the underground-1 floor, and its height is more than 2.2m. Then, according to the latest Code for Calculation of Building Area of Building Engineering GB/T50353-20 13, its building area is more than 2.2m high, according to its structural peripheral level. The demolition compensation price shall be calculated in accordance with the provisions of compensation for housing demolition related projects. Overhead floors, basements and semi-basements with real estate ownership certificates, which are more than 2.2 meters high, shall be at least 50% of the compensation standard for overhead floors and basements.

Our house has a separate state-owned land use certificate, which is separate from the real estate license. The maximum term of land use right is 70 years. According to Article 149 of the Property Law, "the right to use residential construction land will be automatically renewed upon expiration". This clause allows the original 70-year residence to be "automatically" extended. Let the private property nature of "residence" be handed down and established in the form of law. Even if the house is demolished, our land will still be our own. In China, land and houses are managed separately, so the expropriation should be compensated separately in accordance with the relevant provisions of the Land Management Law of the People's Republic of China. According to Article 47 of the Land Administration Law of the People's Republic of China, if land is expropriated, compensation shall be given according to the original use of the expropriated land, including land compensation fees and resettlement subsidies.

In addition, when we bought the house, we had already paid the following fees: 200 yuan property registration fee, deed tax, stamp duty, business tax of about 50,000 yuan, agency fee of about 1 1 10,000 yuan, heating account opening fee of about 25,000 yuan, house surveying and mapping fee of about 1 10,000 yuan, natural gas account opening fee of about 3,500 yuan, and the rest such as TV and broadband. If we buy or move again, we should pay these fees again.

There are more than 9 households in our unit from the countryside, all of whom are poor children who have just come out of the countryside. They all borrowed 300,000-500,000 yuan to buy this house, all because the children are small. Most women in the family don't go to work and take care of their children at home. Originally, one person's salary supported the whole family. Now if we use this poor compensation to buy a house or rent a house, our quality of life will be even lower. In the eyes of outsiders, it is said that demolition has made the rich rich rich, but

All the documents of our house in Furong Garden Community are complete, including not only the real estate license, but also the land certificate, so there is no dispute about our land, and it is easier to apply for the state-owned land use certificate after further development.

Based on the above, let's analyze the compensation and demolition reward given to us. The evaluation price is only about 8,000 yuan, and only 20% of the demolition reward is given (the demolition reward outside the Second Ring Road is calculated at 30%), and the price after the reward is not as high as that of the older Fenghui Community, let alone the new residence. Our underground-1 floor is only 3700 yuan/flat, and the rent compensation is only 22 yuan/flat. The rent of Beiyuan Street 100 square meter is about 3,000 yuan, and those who choose monetary compensation only pay the rent for half a year. We can't rent a house similar to our own, nor can we use this money to buy a house similar to ours. In short, according to the current compensation for demolition, there is not much money left for demolition, and you can't buy a house with similar location and apartment type. You can only take on more loans with the current demolition funds. If we choose the requirement of property right replacement, we cannot afford to repay hundreds of thousands of loans.

We don't want to get rich because of demolition, we just want to get what we deserve, at least let our quality of life not be reduced.

The people support the government and the government sympathizes with the people. There are no unreasonable demands, only the will of the people.

20 16.4. 15