After two years, the new demolition regulations stipulate that house demolition should be carried out according to the city.
The principle of field value compensation makes real estate appraisal begin from the process of demolition.
A very important role.
Over the past two years, various localities have done some work in the appraisal of house demolition.
Provisions, but all localities also feel it is necessary to formulate a national demolition valuation method.
Management measures. This paper intends to evaluate the house demolition in combination with local experience.
In order to formulate the management method of demolition valuation, some problems are discussed.
Time reference.
House demolition is a policy-oriented work, and the evaluation of house demolition
Many problems involved in price are not simple technical problems, but government affairs.
Policy issues, this paper focuses on the technical issues of demolition valuation, but it is also impossible.
It will inevitably involve the discussion of relevant policy issues. There are some.
The problem is not the demolition valuation, but the demolition compensation policy.
This paper also puts forward some views for decision-making by relevant parties.
Time reference.
one
, strictly distinguish between demolition valuation and demolition compensation.
Demolition evaluation only provides the value of the demolished house, which belongs to the society.
Intermediary behavior: compensation for demolition is a civil matter between the demolition and the demolition.
Behavior. This should be widely publicized, so that all sectors of society and government management departments
Every door has clear knowledge.
In my opinion, the appraisal result of demolition should not directly become the compensation amount.
The amount of compensation shall be determined by the parties involved in the demolition through consultation.
Second, the qualification of demolition appraisal institutions
All localities generally put forward clear requirements for the qualification of demolition appraisal institutions.
Ask. There are mainly the following provisions:
Institutions above level 3 can participate in the demolition and appraisal work;
One or more institutions can participate in the demolition appraisal work:
The local demolition authorities will separately decide which institutions are eligible to obtain.
Local participation in demolition valuation;
Generally speaking, all localities also stipulate that institutions involved in demolition valuation must be in
Engaged in local valuation for a certain period of time (such as one year).
My opinion is that the demolition appraisal institution should have certain qualifications.
The grade requirement is mainly due to the technical and policy reasons of demolition appraisal.
The complexity of decision-making, while the demolition valuation is often concentrated, there is no one.
It is difficult for a fixed-scale appraisal institution to complete the appraisal task within the specified time.
In addition, it is also necessary to stipulate the time when the assessment agency will conduct business in the local area.
Otherwise, the appraisal agency lacks understanding of the local situation.
Three, the number of institutions involved in a demolition valuation business
In many places, it is stipulated that a demolition assessment business can only have one demolition.
Appraisal institutions participate in appraisal, mainly considering the price scale.
Unity-Victory also has some local regulations, and more than one company can participate, but each machine.
It is necessary to reach an agreement on the price scale.
Four. Demolition appraisal client
At present, there are different regulations on the entrustment of demolition evaluation in different places.
There are several main options:
Commissioned demolition and demolition * * *;
Commissioned demolition, but to obtain the consent of more than 50% of the demolition;
Draw lots to decide.
In my opinion, the principle of "who entrusts, who pays" is adopted in the demolition appraisal.
Should not be an exception, usually the demolition valuation is paid by the demolition, so by
It is more appropriate for the demolition person to be the client.
However, due to the particularity of the demolition assessment, the demolition assessment agency was selected.
When you can consider the opinions of the demolished people. Specifically, the suggested entrustment can be adopted.
Evaluate the method of publicity of institutions, if the signature violates the publicity period.
If the number of relocated households exceeds half, the valuation should be re-selected.
Institutions.
Five, the value standard of demolition appraisal.
The State Council's "Demolition Regulations" defined the value standard of demolition appraisal.
Yes, it should be the market value standard, but should the open market price be adopted?
There are some disputes about the value standard in the industry. The main points are:
Demolition valuation should be carried out in full accordance with the open market value standard;
Due to the influence of demolition, the value of real estate will change, and it should be
According to the changed market value;
As the demolition is involuntary, the demolished should get more.
Compensation, so it should be higher than the open market value standard.
My view on this is:
First of all, the valuation should adopt the open market value standard as far as possible.
This should be a basic criterion and knowledge of appraisal work. This is mainly
Because open market value is the easiest and most accurate to obtain in mature markets.
The value of the market value standard can be avoided to the greatest extent.
The influence of appraisers' subjective judgment on the evaluation results. Therefore, the demolition valuation
The price should also adopt the open market value.
Second, due to the disclosure of demolition information, the price of the demolished house.
There will be some changes, so the state of unknown demolition information should be adopted.
The open market value of. In other words, the open market value standard here
There is a little constraint.
Third, we should combine the compensation for demolition with the evaluation and demolition
Compensation is mainly a policy issue, and the demolition valuation should only consider technical issues.
Title. Some places suggest compensation at 120% of the market value.
Demolition, which belongs to the compensation policy, does not mean that it should be appraised.
According to the market value 120%.
Sixth, the time point of demolition appraisal
Generally, the date of demolition announcement is adopted, and this time point includes
Certain legal certainty is easier to unify. But it should be noted that: demolition
After the demolition information is made public, the price of the demolished house will change.
Therefore, the accurate evaluation time should be the date of the demolition announcement and the market.
When the demolition information is unknown. In fact, it is difficult to tell the date, because
In practice, the evaluation time should be announced in the form of demolition announcement.
Day, but when determining the value of the appraisal object, it should be assumed that it is unknown in the market.
Demolition information.
Seven, the technical route of demolition identification
The purpose of demolition appraisal is to determine the houses to be demolished and carry out the demolition.
The direct material losses caused by demolition are determined according to the following factors:
In the case that the market does not know the demolition information, the demolished houses are being evaluated.
Market value at the point in time.
The method of demolition evaluation should be based on market comparison method, which can also be used.
Cost method and income method valuation. If the local demolition valuation base is established.
Quasi-price, the local benchmark price should be used for valuation, and the appraiser at this time
Law is actually a cost method.
When adopting the market comparison method, we should fully consider the factors that affect the location.
Influence on the price of the appraised object. Because most of the capital relocation involves the old city.
Area, all kinds of supporting infrastructure is relatively perfect, even unique,
For example, famous schools, large commercial centers, famous hospitals and transportation facilities.
And so on, all these should be fully considered in the location factor.
Individual factors of demolition valuation should be coarse rather than fine.
If the local government does not set the benchmark price for demolition, it will be a piece.
When evaluating demolition, we must first determine all kinds of houses within the scope of demolition evaluation.
The benchmark price and price revise the standard, and then revise according to the benchmark price and price.
According to the standard for household pricing.
Eight, has an important impact on the demolition valuation, need to be clear by the local government.
Policy issues
Some problems belong to the unclear demolition regulations in the State Council, or although
However, obviously, there are various ways to reduce the resistance to implementation.
Flexibility, these issues have an important impact on the demolition valuation, and need to be determined by the local.
The government made it very clear. Mainly includes:
1, how to determine the legitimate use of the house?
The use of the house (land) has a great influence on the appraisal result. exist
In the appraisal practice, especially in the demolition appraisal, we often encounter practical problems of houses.
The use is inconsistent with the use recorded in the property right certificate, so it cannot be simplified generally.
Land is valued according to the purpose recorded in the property certificate. There are some everywhere.
Workarounds, such as:
On April 1990, the implementation time of the urban planning law was
Before this, the use has changed, even if there is no planning change.
Continue, also give confirmation, but to provide proof of going concern (such as:
Manufacturer's business license, tax records, etc. );
Engaged in commercial operation at the demolition site for a period of time, you can
In order to identify commercial use, some places stipulate that as long as it continues to operate for one year,
Let's go.
These practices are necessary because they have no sufficient legal basis.
The government should make it clear in the local demolition policy that it can be used for reference when evaluating.
Execute.
2. Whether the transfer and allocation of land are treated differently.
Some places treat it differently, such as "Xinjiang Wei"
"Ur Autonomous Region Urban Housing Demolition Compensation Valuation Rules" stipulates that for
If the land use right is obtained by allocation, the principle of demolition evaluation is "(1) demolition.
Move in and provide the land use right of the same lot and area to the demolished.
The original land use right of the appraised object has not been appraised; (two) the demolition is not in place
The demolished person provides the land use right of the same lot and area, or
The demolition object belongs to housing reform, affordable housing and low-rent housing.
According to the real estate market price, the appraisal object is appraised, but the appraisal price
Need to deduct the expenses related to the transfer of land use rights that should be paid by the demolished person.
There are also some places that take an indiscriminate approach, such as Zhejiang.
The demolition management regulations in other places are all stipulated in this way.
In practice, although the land of ordinary residents' housing nominally belongs to
Allocation of land, usually did not go through the formalities of paid transfer of land, but because it is
A fait accompli left over from history, so in the absence of demolition, residents
There is no need to pay the transfer fee for land use rights, and the land is paid for transfer.
There is no obvious difference in the market value of land. Some places are
It is stipulated that this kind of house should be handed over to transfer fees when trading, but usually
It is only symbolic, for example, Guangzhou stipulates that only the normal transfer fee should be paid.
10% paid.
Therefore, the allocation of land and land transfer are not included in the demolition valuation.
Distinction is more acceptable to the public.
What's more, some places clearly stipulate that for the transfer of land,
Remaining land service life of the right to use the demolished land.
Touching people to make up for it. In this way, the loss is the demolition.
People, because the land use right of demolition has been handed over to the government.
The land transfer fee is paid to the demolished again in the process of demolition.
Annual transfer fee of surplus land.
3. How to estimate the demolition of collective land and houses in urban planning area?
price
This is a very common question. Cities are being demolished in some places.
Collective land houses in the planning area are requisitioned for agricultural land.
Compensation standards, leading to the demolition of collective land houses in the same lot.
Demolition compensation and state-owned land housing demolition compensation amount disparity, cited
Send social contradictions.
4. How to evaluate illegal buildings?
For the value compensation and evaluation of the demolition of illegal buildings, in the demolition
There are clear provisions in the relocation regulations, but in practice, some houses
The illegal buildings built by poor households constitute the main body of their housing.
If no compensation is given or only a very low compensation is given, these people will be given.
Housing causes great difficulties, so usually all localities will compensate for the demolition.
Take some flexible methods.
5, the land area is greater than the housing area valuation processing
Some houses cover an area larger than the housing area, if they are only built as required.
The valuation of construction area can't accurately reflect its land value, so some land
The part beyond the building area agreed by the parties shall be given separately.
Compensation.
This problem actually exists not only in the demolition evaluation, but also in others.
Type of real estate appraisal business also exists to some extent. If so
Cost method valuation, because houses and land are usually valued separately, because
This problem does not exist.
If the income method is used for valuation, because the income is not divided into land and
Demolition of urban poison houses
Delete the s' c ship.
Housing, so as long as the objective income standard is accurate, you can not.
Think about this problem.
If the market comparison method is used for valuation, it is generally a comprehensive attribute.
Portfolio valuation, so it is necessary to select comparable examples for valuation repair.
When considering the land area (or floor area ratio).
In the demolition appraisal, if the local benchmark price is set, it should be explained.
It is intended to clarify the corresponding value connotation when explaining the value connotation of the benchmark price.
Standard plot ratio, the plot ratio of the appraised object is different from the standard plot ratio.
Simultaneous correction method.
6. Determination of management fees, interest and sales expenses.
These parameters are needed when the cost method is used for valuation, but the cost method does not.
This is entirely a policy issue, but a valuation technical issue. These parameters are integrated.
The general appraisal can be determined by the appraiser, but in the demolition appraisal,
These parameters should be determined and published by local authorities to unify the standards.
Quasi.
Nine, about the demolition compensation benchmark price
Some places have formulated the benchmark price of demolition compensation, which is a unified valuation.
The connotation of price has great benefits. However, when setting the benchmark price of demolition compensation
We should be very cautious. In some places, the benchmark price cannot reflect the market price.
Level. This actually reflects a policy issue, if the local government is clear about it.
If this is done, the appraisal institution can only implement it.
In other places, when the benchmark price of demolition compensation is formulated, the soil shall be formulated separately.
The benchmark price of land and buildings, in which the benchmark price of land adopts "location"
Price "a name, thus avoiding the land price problem.
Theoretically speaking, the rights of the people being demolished should be clearly defined.
Definition, so as to accurately determine the rights of the demolition caused by the demolition.
Damages should be paid. But at present, in the urban land of our country,
The right of demolition on unpaid land is often vague.
This is mainly reflected in the land use right. Due to historical reasons, at present
The state-owned land in many cities used to be private land, but later it was changed to state-owned land.
After the land, the country and its representative (government) did not fully exercise the land.
The right of the owner, that is, he did not claim the land from the land use right holder.
Benefit. In this case, if the land user is given land compensation,
It doesn't make legal sense. If not, it will not meet the new demolition regulations.
Spirit, also can't let the demolition into the acceptance. Because of this, in this
On this issue, as mentioned above, fuzzification is widely used everywhere:
In the demolition, the transfer and allocation of land were not treated differently, and there is still no such thing.
Obviously using "land price" instead of "location price" is fuzzification.
The method of handling.
In my opinion, in order to meet the needs of practice, there is such ambiguity at present.
Reason is ok, of course, there must be a clear understanding in theory.
Knowledge.
Ten, including the scope of demolition losses and compensation.
one
It should be noted that there are many losses caused by demolition.
On the other hand, it should also be pointed out that the compensation for demolition is not and cannot be.
It is necessary to make complete and equal compensation for the damage of the demolished person.
It is difficult to count the losses caused by demolition. In 199 1 year.
In the State Council's Demolition Regulations, in addition to the relocation expenses of the residents,
In addition, only the depreciation replacement price of the house can be compensated, or it can be
Regardless of the value of the land. The new demolition regulations stipulate compensation according to the market price.
This expands the content of demolition compensation and takes the content of land into account.
Yes But in fact, the material losses caused by the demolition to the demolished people (excluding the non-demolished people).
Material losses) are far more than that. In addition to the damage caused to the people being demolished
Outside the loss, compensation to the relevant nearby housing owners not within the scope of demolition.
It will also cause losses, which is not considered in the current demolition regulations.
Yes For example, after the house facing the street in front is demolished, the house behind it is handed over.
Noise increases, the landscape is affected and so on.
These losses are not considered in the current demolition regulations, and we
It should not be considered in the demolition evaluation, but it is necessary as a theoretical discussion.
This should be studied from the perspective of real estate value.
XI。 Resettlement housing evaluation
In addition to evaluating the demolished houses, it is sometimes necessary to
Evaluate the demolition and resettlement houses. It should be pointed out that the valuation of resettlement houses should
Use the same standard as the valuation of the demolished house, that is, if
Make the demolition valuation benchmark price, and then the resettlement housing and be
The demolition of houses adopts the same benchmark price.
Twelve, the calculation method of demolition appraisal fee
As the current real estate appraisal adopts the charging method of hierarchical regression,
So different calculation methods will have different pricing and charging results.
In some places, the estimated income is calculated according to the total value of the demolition project.
Fee, such an appraisal fee will obviously be low. However, due to the demolition valuation
The price has a certain * * *, especially when setting the benchmark price of demolition compensation.
Place, the valuation process is relatively simple, so it is determined by the value of each household.
It is not appropriate to set the valuation fee. The more feasible way is: charging.
According to the value of each household, the calculation is determined, but the rate is appropriately reduced.
Thirteen. Rethinking on the valuation of demolition
Usually an expert committee will be set up to accept the demolition evaluation process.
At this time, the local real estate appraisal society can play an important role.
Function.
Fourteen Discussion on policies and theoretical issues related to demolition.
1, the value orientation of demolition appraisal
The value orientation of demolition appraisal reflects the value orientation of demolition. separate
An important question in the process of relocation is: what is the protection of private property rights?
To what extent? Private property rights should be protected, and now they have basically taken shape.
Knowledge. But to what extent should private property rights be protected, especially because of public interests.
When public interests need to infringe private property rights, the infringement of public rights on private rights can
To what extent should public rights be compensated after infringing private rights?
To what extent, everyone's views are quite different.
2. Compensation after the administrative license is reissued.
In some places, urban planning is frequently adjusted, resulting in residents just building.
Two or three years due to the planning adjustment need to be demolished houses, in accordance with the "line"
The Administrative Licensing Law stipulates that the property of the licensee is caused by the revocation of the administrative license.
If losses are caused by the fault of the administrative organ, the administrative organ shall
Compensation, that is to say, random demolition of residents' new houses will give compensation instead of
Just compensation.
3, the minimum guarantee problem
Because the original housing area of some relocated households is small and disabled.
The old ones are compensated according to the market value, and you can't buy the lowest noodles after compensation.
Products of housing, these families also can't come up with extra money to buy a house, in this kind of
In some cases, some places have stipulated the minimum area standard for demolition compensation, such as
According to the regulations of Zhejiang Province, people who have been demolished belong to people with special difficulties in life and are forced to demolish.
Relocation of houses with a building area of less than 36 square meters per household.
Property rights exchange, the demolition should provide a construction area of not less than 36 square meters.
A set of rice as a resettlement house. The demolished houses and resettlement houses are mutual.
Do not settle the price difference of property right exchange.
4. Adjustment of interests of lessor and lessee.
In some places, both the lessor and the contractor are taken into account when making compensation policies.
The interests of renters, which is mainly aimed at the situation of renting public houses. take for example
Nanjing stipulates that demolition should be carried out in public rental housing according to the rent standard set by the government.
For houses, the demolisher shall pay the monetary compensation of +00% of the house price to the demolished person.
90% of the demolished person shall be paid to the lessee to terminate the lease relationship. Demolition administration
If monetary compensation is chosen for non-residential houses with rent standards set by the government,
In addition to the distribution ratio of monetary compensation agreed by both parties to the lease, monetary compensation
The amount shall be handled according to the following provisions: (1) Leased property actually used during the lease contract period.
Used in 1 year, all paid to the demolition; (2) Lease contract
90% of the actual service life is above 1 year and within 2 years.
The demolished person 10% shall be paid to the lessee; (3) Term of the lease contract
The actual use of more than 2 years, less than 5 years, 80% paid to the demolition.
Move in, 20% will be paid to the lessee; (4) Within the term of the lease contract.
International use for more than 5 years, 10 years, 70% paid to the demolition.
People, 30% paid to the lessee; (five) the actual term of the lease contract
If it has been used for more than 10 years and within 15 years, 60% will be paid to the demolished person.
People, 40% paid to the lessee; (six) the actual term of the lease contract
If it has been used for more than 15 years, 50% will be paid to the demolished person and 50% will be paid to.
Housing tenant.
This reflects the recognition of the restriction of lease right on housing ownership.
Wang Shujuan/Editor in Chief
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