First, the relationship between housing demolition compensation and housing evaluation and the existing problems
According to the provisions of Article 24 of the Regulations, the amount of monetary compensation is determined according to the location, use, construction area and other factors of the house to be demolished and the assessed price of the real estate market. Article 25 stipulates that: in case of house property right exchange, the demolisher and the demolished person shall calculate the compensation amount of the demolished house and the price of the exchanged house in accordance with the provisions of Article 24 of these regulations, and settle the price difference of the property right exchange. According to the above provisions, monetary compensation and property rights exchange should be evaluated according to the market price, and after determining their respective prices, the price difference compensation or settlement will be carried out; Evaluation is the premise of compensation and resettlement for house demolition. If all the demolished houses are evaluated, there are also the following problems:
1. It takes a lot of manpower and material resources to evaluate all the houses within the scope of demolition, and it is difficult for an evaluation agency to complete it in a short time;
2. After the house demolition permit is issued, the assessment is delayed, which affects the progress of the demolition work;
3. When both parties have doubts about the evaluation results, it is necessary to conduct re-evaluation and expert argumentation, and finally determine the evaluation price, which will take some time and prolong the demolition period;
4. When the housing rights status is unclear, it will make the evaluation work impossible;
5. There are few county (city) level real estate appraisal institutions and registered real estate appraisers, which cannot meet the needs of a large number of demolition assessments in a short time.
Two, formulate the benchmark price of monetary compensation for house demolition in line with the market price law.
Whether it is necessary to set the benchmark price of compensation for house demolition varies from place to place, and there is also some controversy. Cities with a high degree of marketization don't need it, but cities with slow marketization need it. Only in this way can we better protect the legitimate rights and interests of the demolition parties and standardize the market behavior of housing demolition compensation and real estate evaluation. The benchmark price of housing demolition compensation should be based on the actual situation of the local real estate market, and truly reflect the real estate price composed of factors such as the location, use, structure, floor, orientation and construction area of the house.