Legal information

Introduction to the article: Wu is in Yancheng, Jiangsu Province. The local urban village is to be demolished, and his house is also included in the demolition scope. The people from the demolition party came to negotiate with his house and only gave him a relocation house of 200 square meters. This was based on the area of ​​his house on the 1996 aerial map. However, the land area on the land certificate his family received in 1998 was 272 square meters, and the house area was 217 square meters. If the compensation is based on the standard of 200 square meters, it is too little! The housing prices nearby are 25,000 per square meter. Until now, the demolished people have not received any formal written notice, nor have they seen official announcements or approvals. How should we compensate for the demolition of shantytowns in urban villages? Based on aerial photos or land certificate area?

1. Should compensation be based on the results of aerial photos or the area on the land certificate?

1. Aerial photos have no legal effect and are only auxiliary inspection photos. For unlicensed houses, aerial photography will be used to determine the area of ​​land and houses. Therefore, if there is a land certificate, compensation will be based on the area on the land certificate. If there is no land certificate, compensation will be based on the area of ​​the aerial map.

2. According to Article 17 of the Regulations on Expropriation and Compensation of Houses on State-Owned Land, the municipal and county-level people's governments that make the decision to expropriate houses shall provide compensation to the expropriated persons including: compensation for the value of the expropriated houses; compensation for relocation and temporary resettlement that Ying Ting believes is caused by the expropriation of houses; compensation for losses caused by the suspension of production and business due to the expropriation of houses. The people's governments at the city and county levels shall formulate subsidies and reward measures to provide subsidies and rewards to the expropriated persons.

(1) Fixed asset compensation

Compensation for land, houses, buildings and ground attachments that cannot be relocated, as well as machinery and equipment lost due to relocation, etc.

(2) Compensation for ground attachments and young crops.

Article 26 of the "Regulations for the Implementation of the Land Management Law" stipulates: "Compensation fees for ground attachments and young crops belong to the owners of ground attachments and young crops." Ying Ting believes that according to this provision, if the owner is an individual, it will be paid to the individual; if the owner is a group of farmers, it will be paid to some farmer groups; if the owner is a rural collective economic organization, it will be paid to the collective economic organization.

(3) Compensation for losses caused by suspension of production and business

Losses from production and business suspension include “must be paid” and “should be earned”. That is, actual and expected operating losses. It refers to the related losses and expenses caused by the suspension of production and business.

(4) Costs related to demolition and relocation

That is, the costs directly incurred by demolition and relocation. Including machine equipment debugging and repair costs, material disassembly and packaging costs, transportation costs, equipment relocation and installation costs, etc.

(5) Demolition incentives

Incentive fees incurred due to demolition policies include expedited relocation fees, demolition incentive fees, etc.

(6) Losses caused by illegal and violent demolitions

For damage to machinery, equipment and other property caused by illegal and violent demolition, business owners can demand compensation for losses and apply for state compensation.

2. What kind of compensation should Wu receive?

(1) Wu has not received any official written announcement and has not seen the land acquisition approval document. The demolition party is suspected of illegal land acquisition. According to relevant legal provisions, before implementing land requisition, the following procedures should be included to be legal: notification of land requisition status, confirmation of land requisition investigation, letter notification of land requisition status, notification of land requisition hearing, and organization of land requisition hearing.

(2) If the land involved is state-owned land, compensation should include compensation for land, houses, planted crops, fruit trees, young crops, relocation costs, demolition incentives, etc. The land involved in this case is state-owned land and is agricultural land. In addition to housing compensation, corresponding compensation must also be provided in accordance with laws and regulations on state-owned land expropriation, demolition and resettlement compensation, as well as local rural land compensation policies.

1. In this case, since land belongs to property rights, registration of property rights in my country is the main method. Therefore, how Wu’s land certificate was registered should be compensated based on the content recorded on the land certificate. The area on Wu's land certificate is 272 square meters, so compensation should be based on this area.

2. Article 21 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that the expropriated person can choose monetary compensation or exchange of house property rights. Yingting learned that if the expropriated person chooses to exchange the property rights of the house, the people's government at the city or county level should provide the house for the property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the house used for the property rights exchange with the expropriated person.

3. If personal residences are expropriated due to the reconstruction of old urban areas, and the expropriated person chooses to exchange the property rights of the house in the reconstruction area, the people's government at the city or county level that makes the decision on house expropriation shall provide houses in the reconstruction area or the nearby area.

4. The house area of 217 square meters was estimated by Wu himself. For the specific area, you can ask professionals from the evaluation agency to measure and evaluate it. For example, the assessment result is 217 square meters. The resettlement house and demolition compensation should be allocated based on this area, with reference to the structure and building materials of the house, as well as the price of nearby commercial housing and other factors.

5. If there are crops, woods, fruit trees, and young crops planted, they should also receive corresponding compensation. The specific calculation is based on local compensation standards.

6. Also includes relocation costs, incentive fees, etc.

3. The latest regulations on compensation for demolition of old urban areas, reconstruction of shantytowns, and demolition of urban villages in Jiangsu

In early April 2018, the Yancheng City Government issued the "Opinions on the Expropriation of Renovated Houses and Related Issues in the Old Towns (shantytowns) of Yancheng City", which aroused widespread concern among citizens. Compared with the previous expropriation, compensation and resettlement policies, what adjustments and changes will be made in the "Processing Opinions" that will be officially implemented from May 9 this year? What "benefits" and "benefits" will the expropriated people receive in terms of compensation and resettlement? On April 26, the relevant person in charge of the municipal expropriation office gave a detailed interpretation of this.

1. Moderate relaxation of compensation area determination standards

(1) "Undocumented" houses built before the 1986 version of the aerial survey map of the urban area were originally formed. If the current buildings are consistent with the aerial survey map, they will be compensated and resettled according to legal construction. Houses built after that will be deemed as illegal construction. The "Handling Opinions" were changed to provide stepped, differentiated and declining compensation and resettlement for "undocumented" houses based on the 1986, 1996 and 2005 aerial survey maps.

(2) For “unlicensed” houses built before the 1986 version of the aerial survey map was formed, the compensation and resettlement standards will remain unchanged. For "undocumented" houses built between the 1986 version and the 1996 version of the aerial survey map, if the current building and the aerial survey map are consistent, the house area (maximum no more than 140 square meters) will be calculated based on the maximum land area not exceeding 200 square meters, the floor area ratio of 0.7 for bungalows and 1.1 for buildings. Compensation and resettlement will be carried out. The excess part will be compensated at 80% of the replacement price, but no resettlement will be provided. For “undocumented” houses built between the 1996 version and the 2005 version of the aerial survey map, if the existing buildings are consistent with the 2005 version of the aerial survey map, they will be compensated at the construction and installation price and will not be resettled. If the expropriated person does not support cooperating with the house expropriation work and cannot sign a compensation agreement within the contract period, he shall not enjoy the housing compensation determined based on the 1996 and 2005 aerial survey maps.

2. New small-area residential housing resettlement area subsidies

The "Handling Opinions" increase the resettlement area subsidies for expropriated houses with a legal construction area of 90 square meters or less in urban areas. If these expropriated houses are resettled from bungalows to multi-storey, small high-rise and high-rise resettlement houses, the resettlement area shall be increased by 10% and 15% respectively. If the houses are resettled from multi-storey houses to small high-rise and high-rise resettlement houses, the resettlement area shall be increased by 10% respectively. The price of the additional resettlement houses will be settled at the resettlement price. If monetary compensation is selected and the expropriated house in a small area is a bungalow or multi-story, the one-time monetary compensation subsidy will be calculated by increasing 15% and 10% respectively based on the resettlement area. Expropriated houses with a legal construction area exceeding 90 square meters will not enjoy this subsidy.

3. Clarify cross-regional resettlement area rewards

Article 13 of the "Implementation Measures for the Construction and Management of Low- and Medium-priced Commercial Houses in Yancheng City Urban Area" (Yanzhengfa [2007] No. 155) stipulates that "the demolished persons may purchase a medium- and low-priced commercial house within the legal demolition area by 10 square meters." It was learned that after the demolition was changed to expropriation, this method was still used in the operation. It mainly targeted the small-area expropriated houses in the old city and resettled them outward from the old city. If the resettlement area was less than 10 square meters, the proportionally increased resettlement area would be 10 square meters, and the settlement would be based on the resettlement price. Since the existing expropriation policy documents are not clear, the "Implementation Opinions" fix it.

4. Raise the minimum compensation and resettlement standards

(1) The original minimum compensation and resettlement standard in urban areas is: you can choose a 50-square-meter resettlement house in a government-designated location or a monetary compensation of no more than 150,000 yuan. In order to fully protect the living conditions and levels of people with housing difficulties, the minimum compensation standards will be increased to 54 square meters and 300,000 yuan respectively.

(2) Increase the relocation compensation standard. Calculated based on the legal construction area of ​​the expropriated houses, the relocation compensation standard for residential houses will be increased from 10 yuan per square meter to 20 yuan per square meter, and the supplementary fee for less than 500 yuan will be increased from 500 yuan to less than 1,000 yuan.

5. New signing and room transfer incentives

If the expropriated person signs a contract and moves to give up a house within the prescribed contract period, in addition to the rewards stipulated in Article 7 of the "Opinions of the Yancheng City People's Government on Handling Matters Related to the Expropriation and Compensation of Houses on State-owned Land in Urban Areas" (Yan Zhengfa [2011] No. 281), each household will be given a signing reward of up to 10,000 yuan and a house transfer reward of up to 10,000 yuan respectively based on the order of signing the contract and handing over the house. The specific incentive methods shall be specified in the project expropriation compensation plan by the municipal and county-level people's governments that make the expropriation decision.

Yingting reminds you:

In practice, since the value of houses in shantytowns may be relatively low, the amount of compensation may also be lowered. Therefore, you should first determine whether your house that is classified as a demolition house is a house in a shanty town. Let’s look at whether the demolition procedures are carried out strictly in accordance with the regulations on the expropriation and compensation of houses on state-owned land. Sometimes, demolition parties will illegally demolish houses on the grounds of shantytowns. If you are notified that the area where your house is located will be transformed into a shanty town, you should take photos of the inside and outside of the house in advance to retain evidence before it is demolished. When a house is demolished, the scene of the demolition should be photographed and all original evidence (photos and videos) should be preserved. If necessary, you can call to report the crime and record the crime at the same time as evidence of being forcibly demolished. If your house has been illegally demolished, please protect your rights through administrative review, administrative litigation and other legal channels within 6 months. If this statute of limitations is exceeded, the opportunity for legal relief will be lost. In order to strive for the maximum benefit, you can read more relevant legal knowledge to understand the content of the expropriation and demolition project, or you can seek solutions from a professional expropriation and demolition lawyer.