All kinds of compensation paid by the demolition construction unit to the owner or user of the demolished house in accordance with the prescribed standards. Generally, there are: (1) house compensation fee (house replacement fee), which is used to compensate the loss of the owner of the demolished house. According to the structure and depreciation degree of the demolished houses, it is calculated at the unit price of square meters. (2) The turnover compensation fee is used to compensate the residents of the demolished houses for the inconvenience of living in temporary housing or the cost of asking for temporary accommodation. Temporary living conditions are graded, and residents of demolished houses are subsidized monthly. (3) Reward and compensation fees are used to encourage residents who have been demolished to actively assist in house demolition or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring demolition units to resettle houses. The compensation standard for house demolition shall be determined by the local people's government according to the local actual situation and relevant national laws and policies. The formula for calculating the location compensation price of homestead and the replacement of demolished houses with new price structure is: compensation price of house demolition = location compensation price of homestead × area of homestead+replacement of demolished houses with new price. (1) Calculation standard of compensation for house demolition (1) Monetary compensation for house demolition = legally owned real estate appraisal price+agreed compensation amount for house decoration (or agreed compensation amount for house decoration) (2) Compensation difference for house demolition = legally owned real estate appraisal price+agreed compensation amount for house decoration or agreed compensation amount for house decoration)-Appraisal price of house with property right exchange obtained by the demolished person (2 Calculation Standard of Housing Demolition and Resettlement Fee (the person to be demolished or the lessee) Housing Demolition and Resettlement Fee = Relocation Allowance+Temporary Resettlement Allowance under the condition of not providing revolving housing+Temporary Resettlement Allowance beyond the transition period+Compensation for the loss of non-residential housing production and business suspension. Note: 1. If the demolisher provides turnover space and the demolisher uses the house to live, the second subsidy in the formula is 0; 2. If the house to be demolished is a residential house, the compensation fee in Item 4 of the formula is 0; 3, demolition compensation, indicating that the house is used by itself.
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 house to be demolished shall be classified and evaluated by the real estate appraisal agency entrusted by the demolisher according to the location, structure, use and construction area of the house to be demolished, and then according to the classified evaluation price and the specific situation of the house to be demolished, the demolisher shall negotiate with each demolished person to determine the real estate market evaluation price. 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.