(a) the name, name, domicile, mailing address and other basic information of the parties to the demolition.
(two) the situation of the demolished houses, including the location, structure, floor, area, quality, number of houses and ancillary facilities.
(three) the way, amount and time of compensation.
Compensation methods are divided into monetary compensation and house property right exchange. Where monetary compensation is implemented, the amount of compensation shall be determined according to the location, use and construction area of the house to be demolished, and according to the assessed price of the real estate market. Property rights exchange, according to the demolition of housing and housing exchange their own real estate market evaluation price calculation, settlement of property rights exchange price difference. It is worth noting that in most cases, the demolished person can choose the compensation method, but in the following two cases, he shall not choose the compensation method:
1. If the appendages of non-public houses are removed and property rights are not exchanged, monetary compensation will be given by the demolisher;
2. The demolition of rental housing, demolition and housing tenant to terminate the lease contract can not reach an agreement and the demolition can not place the lessee, the demolition should be the demolition of housing property rights exchange, property rights exchange of housing used by the original housing tenant. As for the time of compensation, one-time compensation should generally be made before the demolition.
(4) house appraisal
For monetary compensation, it is necessary to evaluate the market price of the demolished houses, and for property rights exchange, it is necessary to evaluate the market price of the demolished houses and the exchanged houses at the same time as the basis for clearing the price difference. As for the choice of housing assessment agencies, it should be jointly chosen by the demolition and the demolition. If the two sides cannot reach an agreement on the appraisal institutions, the two sides shall propose one or two appraisal institutions and draw lots to decide.
The cost of assessment is generally borne by residents. Some local laws and regulations stipulate that the evaluation work shall be undertaken by the real estate evaluation agency under the local demolition management department, which obviously belongs to administrative monopoly. The demolished people are also skeptical about the credibility of their appraisal price, because most of the demolition management departments are local real estate management departments, which inevitably establish a certain relationship with the demolition unit in the process of real estate administration, while the demolished people have little contact with the real estate management department, so the demolished people have reason to suspect that the demolished people use their relationship with the real estate management department to interfere with and influence the housing appraisal.
Therefore, it is not appropriate to use local laws and regulations to stipulate that the house price evaluation in civil litigation between market entities shall be undertaken by the real estate evaluation agency under the demolition management department. Of course, there is no need to evaluate the price of the house to be demolished and the house to be replaced. If both parties can reach an agreement on the compensation amount and the settlement amount of the price difference, they may not evaluate it. On the one hand, they can sign the demolition agreement as soon as possible and put it into practice, saving time and improving efficiency, on the other hand, they can save an evaluation fee and reduce the cost of demolition.
(5) Demolition and resettlement measures
The object of resettlement is the lessee of the demolished house. In the case that the demolished person cannot terminate the lease relationship with the lessee or resettle the lessee, the demolished person shall resettle the lessee, pay temporary resettlement subsidies or provide revolving houses.
(six) payment of relocation subsidies, temporary resettlement subsidies and compensation for suspension of business.
Demolition should be taken to the demolition or housing tenant to pay relocation subsidies, during the transition period, the demolition or housing tenant to arrange their own accommodation, the demolition should pay temporary resettlement subsidies, due to the demolition of non-residential housing caused by the suspension of production or business, the demolition should give appropriate compensation for business. The relevant contents of the Regulations on the Management of Urban House Demolition stipulate that the standards of relocation subsidies and temporary resettlement subsidies shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
(seven) the relocation period and the transition period
The relocation period is the time limit for the demolished and the lessee to move by themselves, which is used to restrain the demolished and the lessee. The transition period refers to the time limit for providing suitable alternative houses to the demolished people in the form of compensation for property rights exchange, which is used to restrain the demolished people.
(8) Liability for breach of contract
For the demolition, the liability for breach of contract is mainly the responsibility of not paying compensation on time and providing property rights exchange houses beyond the transition period, and the way to bear the responsibility is generally to pay liquidated damages. For the demolished and the lessee, the liability for breach of contract is mainly the responsibility of not moving and vacating the revolving house on time, and the way to bear the responsibility is forced relocation.
Third, can the demolition and resettlement agreement be renamed? Once the house demolition agreement is signed, it has legal effect. The contract is relative and cannot be changed unilaterally.
The legal characteristics of the demolition agreement;
(1) The compensation and resettlement agreement for house demolition is a legal act of both parties to house demolition. The agreement relationship is mainly the joint participation of both parties to house demolition, and it is not possible to establish an agreement relationship with only one party.
(two) the legal status of the parties to the house demolition is equal. First, regardless of the economic strength and political status of both sides, neither side is allowed to impose its will on the other; The second is to reflect the reciprocity of rights and obligations of house demolition, that is, one party obtains certain rights from the other party and also undertakes corresponding obligations. Any obviously unfair agreement can be revoked.
(3) The agreement must be a legal act of both parties to the house demolition. The so-called legal act refers to the act implemented in accordance with the requirements of the house demolition regulations. If the parties are qualified, the social organization as the parties to the house demolition agreement should have the legal person qualification; The undertaker must have the authorization certificate of the legal person or legal representative when signing the agreement; There must be legal procedures for entrusting an agent to conclude an agreement; When signing the agreement, the demolished person shall issue legal documents such as property right certificate and use right certificate. An agreement concluded in violation of laws and regulations or by fraudulent means is invalid.
(four) the agreement on compensation and resettlement for house demolition is a legally binding document, indicating that its rights are protected by law after they are produced according to law; After its obligations are generated according to law, they are enforced by law. Secondly, the agreement concluded according to law must be strictly observed, and neither party has the right to change or terminate it without authorization. Then there is a dispute in the performance of the agreement, and the terms of the agreement are the main basis for solving the dispute.
(5) The Agreement on Compensation and Resettlement for House Demolition is a two-way paid agreement. Both parties to the agreement enjoy certain rights according to the agreement, but also bear corresponding obligations.
(six) the house demolition and resettlement agreement must be in written form.
The above is my legal knowledge about whether the demolition and resettlement agreement has legal effect. If you encounter related problems such as demolition compensation, you should understand the compensation standards and policies. The compensation standards in different regions are different, so whether the compensation for demolition is reasonable should be judged according to the specific situation.