I. Salary classification
Most of the compensation for demolition is classified according to the nature of land and the use of houses.
1, classification of land properties:
According to the nature of land, compensation for house demolition can be divided into two types: compensation for house demolition on state-owned land and compensation for house demolition on collective land.
Previously, the expropriation of houses on state-owned land and collective land was regulated by the Demolition Regulations and the Land Management Law respectively. There are two different land rights in urban and rural areas, and two different expropriation and compensation systems are applicable.
In order to solve the problem of different expropriation and compensation systems in urban and rural areas, the land management law being revised will refer to the basic principles established by the expropriation regulations, and state-owned collective land is expected to achieve the same price and rights.
2. Use purpose classification
According to the purpose of the house, the compensation for demolition can be divided into two types: residential compensation and non-residential compensation.
The use of the house depends on two aspects:
First, the use of land, which determines the direction of housing use;
Second, the purpose of planning and design determines the content of housing use.
"Residential" is a residential building, and "commercial service building" is a business building that serves residents' lives. They are two completely different houses. It is precisely because of the different uses of houses that the design planning and building structure are different, so the compensation for demolition is different, so it is treated differently.
Second, the way of compensation
1, monetary compensation
Monetary compensation is a professional evaluation of the demolished houses by professional evaluation institutions according to different legal basis, thus generating a well-documented compensation amount. There are three statutory assessment criteria:
(1) The market evaluation price refers to the real estate market price of the house to be demolished. It is a professional appraisal institution that meets the requirements, selects an appropriate appraisal method according to the appraisal purpose, follows the appraisal principle, comprehensively analyzes the factors affecting the real estate price, and estimates and judges the objective and reasonable price or value of the real estate at the appraisal time.
(2) The average transaction price of commercial housing refers to the average transaction price of the same type of ordinary residential commercial housing in the same area regularly summarized, calculated and published by relevant departments every quarter.
(3) The replacement price refers to the normal price of a new building with the same function and use as the appraised object, which is determined by the appraisal institution according to the price level at the appraisal time by using the building materials and construction technology at the appraisal time.
The above three prices are the legal basis for compensation for demolition, but they have different uses and are applicable to different situations.
2. Property right replacement
Property right replacement is also called property right replacement. According to different evaluation methods, there are two alternative methods.
Property rights replacement is divided into two forms:
(1) Relocation from other places
Resettlement in different places means that because the developer's project does not involve housing or because of the plot ratio of the plot, it is impossible to move back and resettle, so he can only choose to build new resettlement houses on other plots, and then try to replace the equivalent property rights through the increase or decrease of property rights.
(2) Relocation and resettlement
Relocation and resettlement means that the relocation and reconstruction project of the developer can complete the relocation and resettlement, and the relocation and resettlement can be completed through the proportion of property rights replacement.
Extended data:
The monetary compensation price of residential houses includes two parts: the replacement price and the location compensation price. The location compensation price consists of the benchmark land price and benchmark house price of the demolished house, and the replacement price is the sum of the replacement price and the new discount of the demolished house. The calculation formula is:
Compensation price for house demolition = (benchmark land price ×K+ benchmark house price) × construction area of demolished house+replacement of demolished house into new price.
Where k is the floor area ratio correction coefficient, which is determined according to the floor area ratio correction coefficient table of house demolition. The benchmark land price, benchmark house price and land grade range of residential house demolition in the calculation formula of compensation price for house demolition. (Take Beijing as an example) For example:
Mr. Wang has a private property with an area of 20 square meters and a construction area of 30 square meters in Dongzhimen North Street. In case of demolition, the developer is going to build a high-grade building with a planned plot ratio of 3.2 in this area.
Then, according to the "Beijing Housing Demolition Evaluation Regulations (Provisional)", the benchmark land price of the property is between 4,400 yuan and 5,400 yuan/square meter, and the current evaluation price is determined to be 5,000 yuan/square meter; The current plot ratio is 30/20= 1.5, the planned plot ratio is 3.2, and the revised plot ratio is1.005; The benchmark house price is: 1000 yuan/square meter; Reset to the new price of 2 1000 yuan.
Then Mr. Wang Can's compensation for demolition is (5000×1.005+1000 )× 30+21000 = 201750 yuan.
Baidu encyclopedia-compensation for demolition