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How to compensate for the demolition of small real estate
1. The compensation for the value of the expropriated house shall not be lower than the market price of similar real estate of the expropriated house on the date of the announcement of the house expropriation decision;
2. The compensation standard should be based on the principle of fair compensation, with reference to the transaction price and the market price of commercial housing on the surrounding state-owned land, and the corresponding compensation standard should be determined by market comparison method.
3. In the preliminary compensation scheme for the old reconstruction of Baishizhou in Nanshan District, the monetary compensation is 28,000 yuan/flat, and the highest compensation ratio for property compensation is 1:3.5, and the compensation standards for local and foreign buyers are the same;
4. In the old renovation scheme of Luofang Village in Luohu District, the maximum compensation is 1:2, the decoration compensation standard is 1.500 yuan/flat, the transitional rent is 65 yuan/flat, and the shop is 70 yuan/flat.
On the ownership of small property right houses;
1. Definition of small property right house: refers to houses built by village collectives or individuals on collective land without formal approval of the state;
2. Unclear ownership: small property houses are not legally recognized by the state, so they do not enjoy the same rights and interests as commercial houses in law;
3. Trading restrictions: small property houses cannot be bought and sold through the formal real estate market, and their trading behavior is not protected by law;
4. Difficulties in obtaining loans: it is difficult for small property houses to obtain mortgage loans through banks and other financial institutions due to ownership problems;
5. High risk: there is a risk of demolition or banning of small property houses. Once it happens, the owner may face the situation that he can't get reasonable compensation.
To sum up, the compensation method for the demolition of small property houses needs to be guaranteed not to be lower than the market price, and the standards should be set according to the principle of fairness. For example, the monetary compensation for Baishizhou in Nanshan District is 28,000 yuan/flat, and the highest property compensation ratio is 1:3.5, while Luofang Village in Luohu District provides the highest property compensation of 1:2 with parking spaces, and the decoration compensation and transitional rent are 1.500 yuan respectively.
Legal basis:
regulations on the expropriation and compensation of houses on state owned land
Article 24
The people's governments at the city and county levels and their relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with acts of construction in violation of 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; Identified as illegal buildings and temporary buildings exceeding the approved period, no compensation will be given.
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