The latest compensation standard for urban house demolition in Changzhou City Article 23 The demolisher shall compensate the demolished person in accordance with the provisions of these Measures. Demolition of illegal buildings and temporary buildings exceeding the approved period, without compensation; Demolition of temporary buildings not exceeding the approved period > give appropriate compensation. The house ownership within the scope of demolition shall be examined and approved by the real estate administrative department. For houses that fail to approve the ownership and are disputed by the parties, the demolition shall be handled according to the decision made by the house demolition management department in conjunction with the housing management and planning administrative department. Twenty-fourth demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange. In addition to the provisions of the third paragraph of article twenty-sixth, the second paragraph of article twenty-eighth and the third paragraph of this article, the person who is taken can choose the compensation method. Due to the city > buildings (urban roads, bridges, squares, public parking lots, water supply, drainage, sewage, flood control, sanitation, gas, bank protection, docks, civil air defense, road lighting, greening and other projects), property rights exchange is generally not implemented. Twenty-fifth monetary compensation amount according to the location, use, construction area and other factors, to determine the real estate market evaluation price. The evaluation and management measures shall be formulated separately by the house demolition management department in conjunction with the departments of price, housing management and land. Demolition of houses shall be based on the area of the building, and the area specified in the ownership certificate shall prevail. If the area of public houses directly under construction is not clear, it shall be determined by multiplying the leased area by the coefficient 1.22. Twenty-sixth the implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of Article 25 of these measures, calculate the amount of compensation for the demolition of housing and the price of housing exchange, and settle the price difference of property rights exchange. The price of residential houses with property rights exchange shall be settled according to the commodity price or transaction price (the auction shall be settled according to the approved price). The price of non-residential housing for property right exchange and reconstruction shall be settled according to the price approved by the house demolition management department in conjunction with the municipal price department. Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition. Twenty-seventh demolition of public housing, the demolition should be in accordance with the requirements of urban planning according to the original scale of reconstruction, or give monetary compensation. Twenty-eighth demolition and lease of state-owned and unit residential houses, by the lessee according to the use area (rental area) per square meter of 340 yuan or building >; After the purchase and termination of the lease relationship at the preferential price of 280 yuan per square meter, the demolisher shall compensate the lessee. If the lease relationship cannot be dissolved, it shall be handled in accordance with the provisions of the second paragraph of this article. Demolition and lease of private houses, the demolition and the lessee have a lease relationship, or the demolition of the lessee for resettlement, the demolition of compensation for the demolition. If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the house property rights of the demolished person. If the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee. Demolition and lease of housing management, self-management or private non-residential housing, the two sides have agreed, according to the agreement; If there is no agreement, it shall be handled in accordance with the provisions of the second paragraph of this article. Twenty-ninth people should be taken to provide houses that meet the national quality and safety standards for the people being taken and resettled. Thirtieth demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the house demolition management department for examination and approval before demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house. Thirty-first demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees. Thirty-second people should be taken to the demolition or housing tenant to pay relocation subsidies and other expenses. If the resettlement house is an auction house, if the demolished person or lessee arranges for their own residence, the demolished person shall pay the temporary resettlement subsidy during the transition period; If the demolished person or lessee uses the revolving house provided by the demolished person, or monetary compensation is implemented, the demolished person will not pay the temporary resettlement subsidy. Thirty-third demolition shall not extend the transition period without authorization, and the users of the revolving house shall vacate the revolving house on time. In-situ reconstruction housing resettlement transition period: multi-storey building >; No more than 24 months, high-rise buildings > no more than 36 months; Transition period of relocation: multi-storey building >; No more than 12 months, high-rise building >; No more than 18 months. If the transition period is extended due to residents' responsibilities, the temporary resettlement subsidy will be increased from the overdue month to 1 times; The user of the revolving house shall pay the temporary resettlement subsidy from the overdue month. Thirty-fourth due to the demolition of non-residential houses and the implementation of property rights exchange need to transition, resulting in the suspension of production and business, the demolition should give appropriate compensation. A house that meets one of the following conditions can be identified as a non-residential house: (1) The ownership certificate or valid certificate indicates that it is used as a non-residential house, but it is actually used as a non-residential house; (two) holding a non residential lease contract directly under the public housing; (3) Non-residential houses used by enterprises and institutions; (four) before the demolition permit is issued, the original residential house is approved as a non-residential house and the land use change procedures are handled. Non-residential houses are divided into business houses and non-business houses. Business premises refer to commercial premises directly engaged in business activities; Non-residential houses other than business houses are collectively referred to as non-business houses, including supporting houses for business houses, production, office, medical care, culture, education, storage and other houses. Thirty-fifth demolition of residential housing users because of the relocation, given three days off (two transition households), shall not affect wages, bonuses, promotion, etc. If the user moves and hands over the residential house within the prescribed reward period, the demolisher shall give appropriate rewards in accordance with the relevant provisions. Thirty-sixth relocation subsidies, temporary resettlement subsidies, relocation incentive fees, telephone, cable TV, air conditioning, gas relocation subsidies, non-residential housing transition period to stop production and business subsidies standards, by the housing demolition management department in conjunction with the price department shall be formulated separately.
Legal objectivity:
The ways of compensation for urban house demolition are: ① monetary compensation; ② Property right transaction. Specific by the demolition of their own choice. The compensation standard for urban house demolition is as follows: 1. The housing area of monetary compensation or property right exchange shall be subject to the "Property Ownership Certificate" of the house to be demolished or the construction area recorded on its legal basis. 2. The monetary compensation amount of the demolished houses shall be classified and evaluated by the real estate appraisal agency entrusted by the demolisher according to the location, structure, use, construction area and other factors of the demolished houses, and then the appraised price of the real estate market shall be determined through consultation between the demolisher and the demolished houses according to the classified appraisal price and the specific situation of the demolished houses. If the number of people to be demolished within the same demolition scope is small, and the people to be demolished are willing to directly negotiate to determine the amount of compensation for the houses to be demolished, the people to be demolished can directly negotiate with the people to determine the amount of compensation for the houses to be demolished without evaluation. 3. If the demolisher and the demolished person fail to determine the monetary compensation amount of the demolished house through consultation in accordance with the provisions of the preceding article, the demolisher and the demolished person shall * * * select a real estate appraisal agency for household appraisal. The two sides can't reach an agreement on the selection of assessment agencies, or one party refuses to choose an assessment agency, either party may apply to the house demolition management department for public lottery to determine the assessment agency. In household assessment, factors such as location, use, building area, building structure, old and new, floor and orientation should be considered. The results of household assessment should be used as the basis for the amount of compensation for the demolished houses. 4, the demolition of housing property rights exchange, the demolition should be taken to provide housing with considerable value. The demolished person has the right to require the demolished person to provide resettlement houses with a building area not less than that of the demolished house, and the housing can be determined separately by both parties through consultation. Demolition should provide houses that meet the national quality and safety standards for demolition and resettlement; Demolition should be reported to the housing demolition management department for the record. The implementation of housing property rights exchange, the demolition and demolition should be the settlement of the price difference between the demolition of houses and the exchange of houses. The price of the exchange house is determined by the same real estate appraisal agency that evaluates the demolished house. Demolition of non-rental housing, demolition and demolition can not agree on property rights exchange housing, monetary compensation should be implemented. Housing property rights * * * Some people cannot reach an agreement on the compensation method for demolition, and property rights exchange shall be implemented. 5, the demolition belongs to enjoy the minimum living allowance for urban residents and the implementation of property rights exchange, the demolition should provide a set of resettlement housing with a construction area of not less than 40 square meters in the local or urban planning area, and settle the price difference within 40 square meters, and settle the price difference at the cost price for the excess. Iii. The subject of urban house demolition activities 1, the demolition person: refers to the unit that has obtained the House Demolition Permit. 2. The person to be demolished refers to the owner of the house to be demolished. 3. Lessee: refers to the unit or individual that has a legal lease relationship with the demolished person. 4. Demolition implementation unit (that is, demolition company): refers to an independent legal entity established according to law, which has obtained the qualification certificate for house demolition, accepted the entrustment of demolition, mobilized demolition within the approved demolition scope, and organized the signing and implementation of compensation and resettlement agreements. 5. Demolition appraisal institution (appraisal company): refers to an institution with real estate appraisal qualification, which is listed in the directory of local demolition appraisal institutions and is responsible for evaluating the real estate market value of the demolished houses and houses with property rights exchange (resettlement houses). 6. House demolition unit (demolition company): refers to the unit that has the qualification of house demolition and is responsible for house demolition within the scope of demolition activities. 7. Demolition management department: refers to the organization that supervises and manages the demolition activities on behalf of the government according to law.