Current compensation standard for house demolition

Three ways to standardize the evaluation and management of compensation for urban housing demolition in Chengdu Author: Chengdu Housing Demolition Management Office Time: 2003 1 1.02 Keywords:

The Interim Measures for the Management of Urban Housing Demolition in Chengdu was promulgated and implemented on 200111. Under the new compensation mechanism of "market evaluation", in 2002, the area of demolished houses in downtown Chengdu was 1.25 million square meters, with more than 25,000 demolished houses, the highest in Chengdu's history. It has played a leading role in accelerating the pace of urban construction. How to make the compensation for urban house demolition really move towards market economy, and how to effectively manage the evaluation of compensation for house demolition? There are mainly three methods: 1. On the basis of soliciting opinions from all walks of life, the supporting documents such as Interim Provisions on the Evaluation and Management of Urban Housing Demolition Compensation in Chengdu, Interim Rules for the Evaluation and Operation of Urban Housing Demolition Compensation in Chengdu, Supplementary Notice of Chengdu Real Estate Administration on Several Specific Issues in Housing Demolition Management, and Notice on Implementing the Interim Measures for Housing Demolition Management in Chengdu have been formulated successively, which are effective from the technical and management aspects. (a) the establishment of classification evaluation and household evaluation system. In view of the large-scale characteristics of housing demolition projects in Chengdu, the classification evaluation system and household evaluation system are stipulated. 1, classified evaluation. Refers to the appraisal institution's appraisal of the average price of the real estate market according to the location, use and structure of the demolished houses within the scope of demolition. The classified evaluation is applicable to the demolition and resettlement houses with large projects and concentrated plots. The dismantler entrusts the appraisal agency to take the sampling method, and selects representative houses as sample points in each type of houses, so as to obtain the average market price of all types of houses. The demolisher and the demolished negotiate the compensation amount with reference to the classified evaluation price, and sign the compensation and resettlement agreement. In the relevant literature, the classification methods of demolished houses are established, which can be divided into simple structure, wood structure, brick-wood structure, brick-concrete (mixed) structure and steel-concrete structure. According to the purpose, it can be divided into residential buildings, business buildings and production buildings. According to the location, it can be divided into primary zone, secondary zone, tertiary zone and quaternary zone. The implementation of classified evaluation has solved the problem of strong timeliness of large-scale demolition projects and municipal key projects, and contributed to the overall control of demolition costs. At the same time, the parties can refer to the classification to evaluate the compensation amount of price negotiation, which fully reflects the operation mode of market economy. 2. Family assessment. Refers to the appraisal institutions according to the location, use, building structure and construction area of the house, combined with the floor, orientation and development of the house, the appraisal of the real estate market price of the demolished house. It is adopted when the demolisher and the demolished can't reach a compensation agreement with reference to the classified evaluation price, and it is also applicable to non-residential houses and sporadic resettlement houses in resettlement houses. The appraisal institution of household appraisal shall be entrusted by the demolisher and the demolished through consultation. If negotiation fails, it can be determined by drawing lots in the list of assessment agencies proposed and entrusted by both parties. The evaluation institution shall not accept the entrustment of the parties involved in the demolition, and make a unilateral evaluation of the demolished houses. The implementation of household assessment is helpful to embody the principle of fair, reasonable and equal compensation for demolition compensation and fully protect the legitimate rights and interests of the parties. (two) to establish a system to adopt the existing evaluation results. In order to protect the legitimate rights and interests of the parties involved in the demolition, and allow the parties involved in the demolition to have objections to the classified assessment, they can put forward the household assessment. However, after entering the adjudication procedure, if the demolished person does not cooperate with the designated assessment agency to assess the demolished house, if the household assessment has been carried out, the original household assessment results shall be taken as the ruling basis; If the demolition is unreasonably obstructed, the appraisal agency cannot make a valuation, and the house is not appraised separately before entering the adjudication procedure, the classified valuation price shall be taken as the basis for the adjudication. (3) Establish an evaluation system of the same institution. In the compensation evaluation of house demolition, there are both the evaluation of demolished houses and the evaluation of resettlement houses. Due to the different evaluation experience and methods of evaluation institutions and appraisers, and other factors, the evaluation results made by different evaluation institutions will be different. In order to prevent the evaluation results from being too different, it is stipulated that the demolished houses and centralized or fragmented resettlement houses of the same demolition project should be classified and evaluated, and the demolition can only entrust the same evaluation agency to conduct a one-time evaluation. (4) Establish the evaluation object. Defining the evaluation object is the premise of accurate evaluation by the evaluation institution. In practice, people who need to make up for the demolition often ask for an evaluation of their indoor decoration and the loss of production and business suspension. Therefore, it is stipulated that the appraisal object of demolition compensation is the demolished house together with the state-owned land use right in the occupied area of the house, excluding relocation allowance, temporary resettlement allowance and compensation for losses caused by the demolition of non-residential houses, and excluding the internal decoration of the demolished house. (5) Establish evaluation methods. The evaluation method of house demolition compensation is one of the important factors that affect the accuracy of the evaluation results. In order to standardize the evaluation methods of evaluation agencies, the market comparison method, income method and cost method are adopted in the compensation evaluation of house demolition, and the principle is to give priority to the market comparison method and try to adopt more than two evaluation methods. If it is difficult to adopt only one method, the reasons shall be explained. If there is no condition to choose the market comparison method, the income method can be used for valuation. Housing income is difficult to determine, and other methods such as cost method can be used for valuation. For houses used for other purposes than housing and business premises, only the cost method can be used for valuation, but the reasons should be explained. Second, establish a perfect evaluation team (1) and establish a market access mechanism for housing demolition compensation evaluation. In order to prevent the illegal behavior of assessment agencies in the housing demolition compensation assessment market, a market access mechanism for housing demolition compensation assessment is established, and unqualified assessment agencies are prohibited from entering the housing demolition compensation assessment market. If the demolished house is in the central city, the real estate appraisal institution engaged in the compensation assessment of house demolition shall have the qualification grade of two or more, and file with the Municipal Housing Authority; If the demolished houses are located in the suburbs (counties), the assessment institutions engaged in the compensation assessment of house demolition shall have the qualification grade of three or above, and shall file with the local housing management department. (2) Training evaluators. In order to ensure the evaluation quality of house demolition compensation, two training courses were held successively, focusing on the following aspects: 1. Training on laws and policies of urban house demolition. 2. Professional and technical training on compensation and evaluation of house demolition. 3. Professional ethics training for appraisers. Third, strengthen the supervision of the assessment activities of house demolition compensation (1) and supervise the assessment activities by filing. In order to safeguard the legitimate interests of the demolished people and prevent the improper behavior of the appraisal institutions and their appraisers, a three-time filing system has been established for the demolition compensation evaluation activities. First, filing: all real estate appraisal institutions engaged in housing demolition compensation evaluation must file with the housing management department to review the qualifications of appraisal institutions entering the housing demolition compensation evaluation market; Second filing: after accepting the entrustment of classified assessment of demolition, the assessment institution shall file with the house demolition authorities within 3 days from the date of acceptance, so that the house demolition authorities can supervise their assessment activities at any time; Third filing: The appraisal institution shall file with the house demolition authority within 3 days after the issuance of the appraisal result report and appraisal technical report of classified appraisal. After receiving the evaluation report, the demolition management department will review its rationality, check whether the evaluation is objective and fair, and whether the evaluation results are detrimental to the interests of the demolished. If problems are found, the demolition management department may put forward suggestions to the appraisal institution to modify or adjust the appraisal results. (two) to supervise the evaluation activities by means of specialized personnel. The so-called person in charge refers to the management of a house demolition project, and the demolition management department adopts the system that specific managers are responsible for the end. Managers track, investigate and supervise the compensation and evaluation activities of house demolition, and find and solve problems in time. Take on-site inspection, spot checks and other ways to supervise the evaluation activities. If the managers find that the appraisers collude with the dismantlers maliciously, underestimate the demolished houses, overestimate the resettlement houses and distort the evaluation results, the managers can ask the real estate appraisal department to punish the appraisers' misconduct through management channels. (three) the provisions of the housing demolition compensation appraisal institutions and appraisers punishment measures. Only supervision, without punishment, is not enough to standardize the appraisal behavior of appraisal institutions and appraisers. It is stipulated that the appraisal institutions and their appraisers are prohibited from evaluating the compensation for house demolition: 1. Transfer the demolition compensation assessment business or allow others to engage in the demolition compensation assessment business in their own name; 2 issued a false assessment report, the assessment results are seriously distorted, or malicious collusion damages the legitimate rights and interests of the demolition parties; 3 do not accept the supervision of the house demolition management department on the evaluation of demolition compensation. For the illegal acts of appraisal institutions and their appraisers, the house demolition management department shall request the real estate appraisal department to reduce or cancel their real estate appraisal qualifications, and bear economic or criminal responsibilities according to law if the circumstances are serious. (four) to standardize the professional ethics of the evaluation institutions and personnel. The professional ethics level of evaluation institutions and their appraisers determines their behavior norms in evaluation activities. Therefore, the following professional ethics should be observed in the professional ethics construction of demolition compensation evaluation institutions and their evaluators: 1. After accepting the appraisal entrustment, the appraisal institution shall not transfer the entrusted appraisal business to other appraisal institutions; 2. The appraisers and appraisal institutions shall keep the information and materials provided by the entrusting party confidential; 3. Appraisers and institutions shall adhere to the principles of independence, objectivity and impartiality, and shall not issue false reports; 4. If the demolition compensation appraisal involves more than two appraisal institutions, the appraisers and appraisal institutions shall respect each other and shall not belittle others' words and deeds; 5 appraisers and appraisal institutions shall not allow others to engage in the demolition compensation appraisal business in their own names; 6. Appraisal institutions shall implement the appraisal fee standards stipulated by the state and local governments, and shall not charge extra fees for improper reasons or names, or lower the fee standards for unfair competition; 7. The appraisers and appraisal institutions shall perform the obligation of explanation to the client and the demolition management department, and explain and explain the appraisal report issued by them. (five) to formulate supplementary provisions to guide the evaluation activities. As the evaluation of demolition compensation is a brand-new system, there may be matters not stipulated in the current laws and policies, or it will be extremely unreasonable to implement them according to the current laws and policies. If it is not solved in time, it will inevitably affect the evaluation activities or produce wrong evaluation results, thus hindering the process of demolition work. Therefore, when encountering the above situation, managers, experts and parties should be organized to discuss and study together in time, and supplementary documents should be formulated to guide and standardize the evaluation activities in view of the common problems. 1. The demolished houses should be evaluated by layers. The demolished houses belong to multi-storey business buildings, and the demolished people often require the demolished people to make compensation and resettlement according to the evaluation price of the first floor, which unreasonably increases the demolition cost of the demolished people. Therefore, it is added in the document that if the house to be demolished is a multi-storey building, the real estate appraisal agency shall conduct classified assessment according to the floor stratification; 2. Determine the evaluation time. According to the existing laws and policies, the evaluation time is the date when the house demolition permit is issued. In practical work, there are often some demolition projects with a long cycle, such as the Shahe demolition project being implemented. Due to the long time span and many uncertain factors, both the demolished and the demolished people think that it is unreasonable to take the evaluation price made on the date of issuing the demolition permit as the evaluation price of the demolished houses and resettlement houses. Therefore, it is adjusted to take the date of convening the mobilization meeting and issuing the demolition notice as the evaluation time; 3. Extra-large projects should be evaluated in sections. For large-scale demolition projects with long cycle and particularly large engineering quantity, the project implementation often adopts subsection operation. For this kind of mega-project, according to the phased implementation stage of the project, the assessment agencies will assess the demolition houses and resettlement houses within the corresponding scope; 4. The location of the auction house can be pre-evaluated. When the demolisher arranges the demolished people in the auction house, because there is no pre-evaluation system in the existing policy, the price of the resettlement house cannot be determined, and the demolished people often worry a lot, so it is difficult to reach a compensation agreement for the demolition and resettlement. Therefore, the pre-assessment system has been added: for the transitional houses, the pre-assessment can be carried out after the planning, planning, land and other examination and approval procedures are completed and the delivery date is specified. The demolition parties can settle the accounts at the pre-assessment price first, and the demolished people can temporarily make up the difference in advance by 50%, and then re-evaluate and settle the accounts according to the facts after the house is completed and accepted. Although the pre-assessment is only an auxiliary means, it is not the basis of the final assessment, but it is helpful for both parties to reach an agreement on compensation and resettlement for demolition and protect the legitimate interests of the demolished, so this supplementary provision has practical significance.