I. Demolition compensation standard The demolition compensation standard is based on the construction land use right certificate and the housing surveying and mapping data of the land department, or on the construction area specified in the housing ownership certificate and the evaluation value of the housing market in the demolished area, depending on the local demolition policy. 2. Should the relocated households believe that the expropriated party threatens not to relocate? If the expropriated party threatens not to relocate, it will be demolished, depending on whether the demolition is legal. If it is legal, it can be forcibly removed. If it meets the requirements, the relocated households should be prepared to avoid their own interests being infringed. Article 24 of the Regulations on Expropriation and Compensation of Houses on State-owned Land stipulates that the municipal and county people's governments and their relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with those who violate urban and rural planning according to law. Before the people's government at the city or county level makes a decision on house expropriation, it shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. Compensation should be given to temporary buildings that have been recognized as legal buildings and have not exceeded the approved period; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period. Three, how to choose the demolition compensation standard to choose the implementation of housing compensation, according to the nature of urban planning and construction projects, the implementation of local or off-site compensation. Demolition of residential houses, demolition area for residential housing construction, the demolition of local housing compensation and in accordance with the approved construction project planning can meet the demolition of housing compensation requirements, the demolition should implement local housing compensation. Compensation According to the new regulations on commodity housing prices, if monetary compensation is implemented for the demolition of residential houses, the sum of the demolished housing area and the improved housing area shall be settled according to the calculation method of local housing compensation and the sales price of new commercial housing in the demolition area; The part where the sum of the demolished area and the improved housing area is less than 45 square meters shall be settled at 50% of the sales price of new commercial housing in the demolished area (but not lower than the affordable housing price in the same period) and included in the demolition compensation. The sales price of new commercial housing in the demolition area stipulated in the new regulations shall be determined by the real estate market evaluation price on the date of house demolition announcement.
Legal objectivity:
The latest compensation standard for house demolition in Shaoyang City Article 14 The demolisher shall compensate the demolished person in accordance with the provisions of these Detailed Rules. Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; Demolition of temporary buildings that have not exceeded the approved period shall be compensated according to the assessed price and remaining years. In any of the following circumstances, it is illegal construction: (1) houses built after198410.5 without a construction project planning permit; (two) for the "construction planning permit", less than a number of pieces; (3) Other circumstances stipulated by laws and regulations. Fifteenth demolition compensation way to implement monetary compensation, can also be replaced. In addition to the provisions of the second paragraph of article twenty-fifth and the second paragraph of article twenty-seventh of the Regulations of the State Council, the people who have been taken can choose the compensation method for the demolition. Article 16 The amount of monetary compensation shall be determined by the real estate appraisal agency at the market appraisal price according to the location, use, building area, building structure, old and new degree, floor and orientation of the demolished house. Specific measures according to the "Shaoyang city housing demolition assessment management measures" implementation. Seventeenth in the form of property rights exchange to repay the facade of the house, the facade depth within 10m (including 10m), according to the real estate market evaluation price structure to calculate the difference; The part with the elevation depth of 10- 12m (inclusive) shall be settled at 70% of the elevation evaluation price; 12- 14m (including 14m) shall be settled at 50% of the elevation evaluation price; /kloc-the part above 0/4m shall be settled at 30% of the elevation evaluation price. Eighteenth residential or non-residential housing property rights exchange, the demolition and demolition should be in accordance with the provisions of Article 16 of these rules, calculate the amount of compensation for the demolition of housing and the price of the replacement housing, and settle the price difference of property rights exchange. State-owned houses with welfare nature rented at a limited price, houses with property rights exchange and other areas do not settle the price difference; The facade and non-residential area of property rights exchange shall be settled at the replacement price. If the appendages of non-public houses are removed without property rights exchange, monetary compensation shall be given according to the appendages compensation standard in Schedule 2 of these Rules. Nineteenth demolition of housing reform or paid sale of some property housing to individuals, the original purchaser in accordance with the relevant provisions to improve property rights, the demolition can implement monetary compensation or property rights exchange. Article 20 The demolition of state-owned public rental housing shall be handled in accordance with one of the following provisions: (1) The lessee may purchase the property rights of state-owned public housing that the demolition person needs to demolish, and then purchase the property rights of resettlement houses according to the following standards: the part equivalent to the original demolition construction area shall be purchased at 70% of the appraised price of the new house; The part beyond the original demolition area is purchased at the assessed price. If the lessee purchases the property right of state-owned public houses, it shall be compensated according to the first paragraph of Article 18 of these Rules. (II) If the demolished person and the lessee can't terminate the lease relationship, the demolished person shall exchange the property rights of the demolished person's house, and for the leased house with a better location, the resettlement area of 10- 15% can be increased on the basis of the construction area of the original leased house, and the increased area is regarded as the area, and a lease contract can be re-signed with the real estate management department at the new address. (three) for the lessee who should be resettled but not required to be resettled, the demolisher shall give subsidies according to the construction area of the original demolished house per square meter of 200 yuan. Twenty-first is the overall relocation of state-owned and collective enterprises and administrative institutions, according to the planning requirements to take monetary compensation, property rights exchange or relocation and reconstruction in different places three demolition methods, by the demolition of both sides in accordance with the comprehensive evaluation of real estate price settlement. Twenty-second of the residential area is too small (calculated in the city planning area at the same level), and enjoy the minimum living allowance of the demolition or public housing difficulties, the implementation of the minimum resettlement construction area of not less than 50m2. Property rights exchange housing construction area of 50 square meters part does not settle the price difference, more than 50 square meters part is settled according to the evaluation unit price. Twenty-third demolition should be carried out in accordance with the spirit of the private saving policy, and monetary compensation should be implemented by the demolition, and the compensation price should be combined into a new calculation according to the replacement price of the house. If the party concerned refuses to accept the decision on the implementation of the private saving policy, the demolisher shall put forward a compensation and resettlement plan and report it to the house demolition management department for examination and approval before the demolition can be implemented. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house. Twenty-fourth demolition can not restore the use of equipment, according to the replacement price combined into a new calculation, demolition compensation to the equipment owner; After the demolition, the equipment that can be restored to use will not be compensated. Twenty-fifth removal of telephone, cable TV, pipeline gas and other relocation costs. , by the demolition in accordance with the fees charged by the relevant departments to be compensated. Twenty-sixth in the scope of demolition, demolition of public green space and planting trees, flowers, seedlings, etc. , by the demolition compensation in accordance with the relevant provisions. Twenty-seventh has not yet completed the demolition compensation and resettlement of the construction project transfer, it should be reported to the housing demolition management department for approval, after approval, the relevant departments can handle the project transfer procedures. After the transfer of the project, the relevant rights and obligations in the original demolition compensation and resettlement agreement will be transferred to the transferee. The transferor and transferee shall notify the demolished person within 30 days from the date of signing the transfer contract and make an announcement. Twenty-eighth public security, education and other departments should be based on the demolition of housing demolition and resettlement certificate, for the demolition of registered permanent residence relocation and transfer procedures. Twenty-ninth houses to be demolished are subject to property rights exchange, which is a one-time resettlement. The demolition must provide legal property rights procedures and resettlement houses that meet the national safety and quality standards; In the case of transitional resettlement, the location, floor, apartment type, structure and construction area of the property right exchange house shall be clearly defined. Due to planning and other reasons, the design area of resettlement housing is more than or less than 5% of the original agreed area, and the demolition person shall solicit the opinions of the demolition person in advance and resolve them through consultation. Thirtieth housing indoor and outdoor ordinary decoration in the evaluation of the housing market evaluation price has been comprehensively considered, no compensation; High-standard decoration of houses is evaluated on the spot by a real estate appraisal agency with appraisal qualification, and compensation is made according to the appraisal present value. See table 1 for the high standard decoration standard of the house. Thirty-first demolition according to the residential 3 yuan /m2, non-residential 4 yuan /m2 to the demolition or housing tenant relocation subsidies. The expenses for disassembly, handling and installation of production equipment shall be implemented according to the standards stipulated by the state. The relocation of residential and non-residential houses and the relocation of production equipment can also be carried out by the demolition. Is a one-time placement, pay a relocation allowance; Transitional resettlement, pay two relocation subsidies. Thirty-second in the transition period, the demolition should be in accordance with the 2 yuan/month to be taken to pay temporary resettlement subsidies. Demolition has been relocated to the transitional housing, no longer pay temporary resettlement subsidies. The transition period shall be calculated from the date of completion of the overall demolition within the scope of the demolition announcement, and the longest period shall not exceed 18 months. For large-scale projects with a building area of over 30,000 square meters, the transition period can be extended by six months. Thirty-third due to the responsibility of the demolition to extend the transition period, the demolition should be in accordance with the following provisions to the demolition or housing tenant to pay temporary resettlement subsidies. (a) arrange their own turnover room, and extend the period within one year, according to the provisions of article thirty-fourth of the standard 2 times the payment; If the extension time exceeds one year, it shall be paid in accordance with the provisions of Article 34. (two) by the demolition resettlement housing turnover, the extension period within one year, according to the provisions of article thirty-fourth of the standard payment; If the extension time exceeds 1 year, it shall be paid twice as much as the standard in Article 34 of these Provisions. Thirty-fourth due to the demolition of non residential houses caused by the suspension of production and business, the demolition should be taken to give appropriate compensation. Specific standards shall be implemented in accordance with Schedule 3 of these Rules. Demolition of the overall relocation of state-owned and collective enterprises and administrative institutions production houses caused by the suspension of production and business, within the prescribed transition period by the demolition according to the number of employees to pay labor insurance premiums and urban minimum living security standards to pay property owners to suspend production and business subsidies. If it is delivered for use beyond the transition period, it will be given a subsidy for suspension of production and business operation in accordance with twice the standards stipulated in the first and second paragraphs of this article from the month overdue. Article 35 When demolishing an old house, the demolisher shall submit the entrustment agreement for demolishing the old house signed by the construction enterprise undertaking the demolition of the old house to the construction administrative department and the safety supervision and management department in advance, strictly perform the entrustment agreement and accept the safety supervision for demolishing the old house. Thirty-sixth in violation of these rules need to be punished, shall be punished in accordance with the "Regulations" and the relevant provisions of the state. Thirty-seventh housing demolition on foreign owned land in urban planning areas shall be implemented with reference to these rules. Thirty-eighth county (city) housing moving fees, transition fees, subsidies for suspension of production and business standards by the county (city) to develop their own.