IntroductionHouse demolition refers to the demolition of existing houses on construction land by construction units or individuals due to the needs of national construction, urban reconstruction, city rectification, environmental protection, etc., and the consequences for the owners or users of the houses Carry out relocation and resettlement activities, and provide certain compensation as appropriate. So, what is the compensation standard for house demolition? How to resolve disputes over house expropriation and demolition? Let’s learn about it with the editor below. House demolition classification agreement demolition
refers to the demolition where the demolisher and the person being demolished or the lessee of the house have reached a demolition compensation and resettlement agreement. There are two situations when a demolition compensation and resettlement agreement is reached. One is when the parties concerned perform their obligations according to the agreement and the demolisher successfully implements the demolition. One is that a party regrets after the agreement is reached (usually the person being demolished or the lessee regrets). At this time, the other party can apply for arbitration or file a civil lawsuit in court according to the agreement. If the demolisher is the plaintiff, he can apply to the court for execution first during the litigation.
Demolition adjudication
means that when the demolisher, the person being demolished and the lessee cannot reach a compensation and resettlement agreement for demolition, the house demolition management department shall, based on the application of the demolition party, make a decision on demolition. Administrative rulings shall be made on the issue of demolition compensation and resettlement in accordance with the law, and the demolition parties shall implement the demolition carried out by the administrative ruling. After the administrative ruling is made, there are two situations. One is that the demolisher, the demolished and the lessee submit and consciously perform the ruling, and the demolisher successfully implements the demolition. One is that one or more parties involved in the demolition are dissatisfied with the administrative ruling. In this case, the party dissatisfied with the administrative ruling may apply for administrative reconsideration to the higher-level administrative agency of the house demolition management department that made the administrative ruling or the people's government at the same level. Administrative litigation can be filed with the People's Court.
Forced demolition
means that after the administrative ruling becomes legally effective, if the person being demolished or the lessee refuses to implement it, the government or the housing demolition management department will apply to the court to implement it in accordance with the administrative ruling. Forced demolition activities. Compulsory demolition must meet two conditions: first, the person being demolished or the lessee of the house has not relocated within the time limit specified in the ruling; second, the demolisher has paid monetary compensation to the person being demolished or provided resettlement housing or turnover housing in accordance with the law. There are two ways of forced demolition. One is that the government instructs relevant departments to force demolition, and the other is that the housing demolition management department applies to the court for forced demolition. More+
Preliminary negotiation of the house demolition assessment process, on-site survey, signing of the contract, formulation of plan, external industry entry assessment, internal industry settlement, issuance of formal assessment report, report handed over to the demolished households, relocation explanation report filing, more + House Demolition Article 1 of the Regulations is formulated in order to strengthen the management of urban house demolition, protect the legitimate rights and interests of the demolition parties, and ensure the smooth progress of construction projects.
Article 2 If houses are demolished on state-owned land in urban planning areas and it is necessary to compensate and resettle the demolished people, these regulations shall apply.
Article 3 The demolition of urban houses must comply with urban planning, be conducive to the transformation of old urban areas and the improvement of the ecological environment, and protect cultural relics and historic sites.
Article 4 The demolisher shall provide compensation and resettlement to the demolished persons in accordance with the provisions of these Regulations; the demolished persons shall complete the relocation within the relocation period.
Article 5 The construction administrative department of the State Council shall supervise and manage the demolition of real estate houses in cities across the country.
The departments responsible for managing house demolition work of local people's governments at or above the county level (hereinafter referred to as the house demolition management departments) shall supervise and manage urban house demolition work within their respective administrative regions. Relevant departments of the local people's governments at or above the county level shall cooperate with each other in accordance with the provisions of these regulations to ensure the smooth progress of house demolition management.
The land administration departments of the people's governments at or above the county level are responsible for land management related to urban house demolition in accordance with relevant laws and administrative regulations. More+
House demolition compensation Methods of demolition compensation
1. Monetary compensation: It is divided into three methods: market appraisal price, average commercial housing transaction price, and replacement price.
2. Property rights replacement: There are two types of replacement methods: value standard property rights replacement and area standard property rights replacement.
3. Combined compensation: a combination of the above two compensation methods, which provides both monetary compensation and property rights replacement.
Compensation content for house demolition
1. Compensation for the value of the expropriated houses;
2. Compensation for relocation and temporary resettlement due to house expropriation;
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3. Compensation for losses caused by suspension of production and business due to house expropriation.
Compensation standards for house demolition
1. House compensation fee is used to compensate the owners of the demolished houses for their losses. Due to the different actual conditions in different places, when making compensation, local governments generally use population as the basis for compensation. Calculate it in a scientific way that combines the area of ????the house with the area of ??the house.
2. The turnover compensation fee is used to compensate the residents of the demolished houses for temporary residence or to find temporary residence by themselves. The temporary residence conditions are divided into categories and monthly subsidies are provided according to the household's population.
3. Incentive compensation fees are used to encourage residents of demolished houses to actively assist in house demolition or voluntarily give up some rights, such as voluntarily moving to the suburbs.
The calculation formula of the compensation price is: Compensation price for house demolition = Compensation price for the location of the homestead × Area of ??the homestead + Replacement price of the demolished house to the new price. More+
What is a demolition and resettlement house?
It is a house that is demolished due to urban planning, land development and other reasons, and is resettled for the residents or lessees to live in. . According to the provisions of our country's laws, the transfer transaction of a resettlement house can only be carried out after obtaining the property certificate of the resettlement house. The transfer transaction at this time is no different from that of ordinary houses. The resettlement targets are urban residents whose houses have been demolished, as well as farmers whose houses have been demolished.
Property rights of resettlement houses
Resettlement houses initially do not have a real estate certificate, but people can go to the relevant housing management department to apply for a real estate certificate for the resettlement house. After applying for the real estate certificate and paying the land use fee, the resettlement house becomes a commercial house. At this time, there is no difference between the transfer transaction and ordinary houses. That is to say, the property rights of the resettlement houses at this time are the same as those of ordinary commercial houses. Generally, the ownership period of civil residential buildings is 70 years. After obtaining the real estate certificate, the property rights of the resettlement houses will be 70 years.
Can resettlement houses be bought and sold
Demolition resettlement houses are generally divided into two categories: one is supporting commercial housing built or purchased as a result of major municipal projects to relocate residents; For low-priced commercial houses, the property rights of the houses belong to the individuals who are resettled, but they cannot be listed and traded within 5 years of obtaining ownership. The other type is low- to medium-priced commercial houses (compared to market prices) that are demolished due to real estate development and other factors, and the demolition company resettles them through other channels or purchases them on behalf of the resettlement people. This type of commercial housing is no different from general commercial housing. It is the private property of the resettled persons. There is no transfer period limit and it can be freely listed and traded.
Risks of buying and selling resettlement houses
1. Family members may have objections to the allocation of resettlement houses for demolition. If the lawsuit is brought to court, the legal rights holder cannot be determined in the end.
2. Demolition and resettlement houses without property rights may not be able to apply for property rights certificates due to other reasons.
3. The transaction time is long and the possibility of house price changes is high. If the seller sells the house to others and transfers the ownership first, it will be difficult for the buyer to purchase the house.
4. During the long period of waiting for the purchase of a house to be transferred, it is also possible that the seller's own debt disputes may cause the house to be seized by the creditor by the court. More+
How to resolve house demolition disputes
1. House demolition disputes where the demolition compensation and resettlement agreement cannot be reached
The demolisher and the demolished person have reached an agreement If no agreement is reached, the housing demolition management department of the local people's government at or above the county level will make the decision. If the house demolition management department is the person being demolished, the decision will be made by the people's government at the same level. If the demolition parties are dissatisfied with the ruling, they may apply for administrative reconsideration to the people's government at the same level as the house demolition management department that made the ruling within 60 days from the date of receipt of the ruling. If the demolished persons have not been relocated after the ruling is made, compulsory demolition can be carried out in accordance with the law.
2. House demolition disputes after the demolition compensation and resettlement agreement is signed
After the demolition compensation and resettlement agreement is signed, if the person being demolished or the house lessee refuses to move within the relocation period, he or she must go to court to , resolve through arbitration. If there is no arbitration agreement between the parties involved in the demolition, the demolisher may file a civil lawsuit with the People's Court. During the litigation period, the demolisher may apply to the People's Court for first execution in accordance with the law. The selection of the arbitration committee shall be determined by agreement between the parties, and the arbitration shall adopt the "one arbitration system".
Litigation process for demolition disputes
Prosecution review, acceptance of defense, court decision making, appeal hearing/written trial judgment or ruling Methods for protecting rights in demolition
1. Negotiation.
During house demolition, after a dispute arises between the demolisher and the person being demolished, the compensation and resettlement agreement is based on voluntariness and mutual understanding, through direct dialogue to present the facts and reason, and reach a settlement agreement so that the dispute can be resolved. This method is fast and simple, and it is an ideal way for demolishers.
2. Petition. It may be the first way that more than 90% of people will think of to resolve disputes. Regardless of their educational background, urban or rural areas, it has almost become an instinctive reaction for people. Petitioning is actually a process that promotes correction of errors within administrative agencies, and often the agencies that perform the actions are the same agency or belong to the same government leader.
3. Complaint relief. When complaining to the administrative supervision department of the government system for relief, the counterparty can only request certain treatment against administrative staff members who have violated administrative laws and infringements. For example, administrative disciplinary sanctions, the supervisory authority cannot directly cancel or change a specific administrative act, nor can it rule against it. Compensation, this kind of relief belongs to the relief within the administrative system.
Methods to deal with illegal land acquisition and demolition
1. Farmers’ strategies for illegal land acquisition and demolition
Compensation and resettlement for land acquisition and demolition are unreasonable, no matter how hard the local government tries , the farmers just refused to sign. As long as they do not sign, the legal rights to use land and houses belong to the farmers themselves, and farmers can stop illegal construction by local governments and developers in accordance with the law.
2. What should we do if "the nine ethnic groups are implicated"?
If the local government threatens you with your children's jobs or your own business rights, don't panic. In fact, no one has the right. Deprive citizens of their right to work legally and deprive you of your right to run a legal business. Rights can be defended through legal litigation channels. More+
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