Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
Demolition 100 Questions: In the demolition compensation, does the resettlement area include the shared area?
Home page >> Ying Ting Information >> Legal information
Article author：Yingting Lawyers Group | Update time：2019-05-07 | Reading times：452
Have you ever encountered that a house of the same 100 square meters is very different between the 100 square meters in the city and the 100 square meters in the rural homestead. Why is this? This is because there is a share between the urban construction area and the use area (the share for residential buildings is usually more than 20% and some reach 25%), and the construction area of a house built on a homestead is basically equal to the use area, so the rural house still feels spacious.
When rural people were demolished, they didn't have the concept of public stalls. After moving in, they discovered that the 200 square meters they requested might only be 150 square meters minus the public stalls. So they asked us, is it reasonable to remove the public stalls from the resettlement area? Can I defend my rights?
When choosing a housing resettlement compensation method, whether the area of the house to be exchanged includes the shared area, the standards vary from place to place, and are generally stipulated by each province and city. Therefore, when the expropriated person chooses to exchange property rights, if he has not entrusted a Yingting lawyer, he must carefully study the local area. The relevant local laws and regulations, the principle of the law is that it should not be lower than the demolition of one for one, and the original living standard should not be reduced. If there are no relevant local restrictions on the area of the shared area, the demolished people can negotiate with the demolishing party based on this principle when they choose resettlement compensation.
Local regulations on the area of shared areas are not all reasonable. No matter whether they are local regulations or policies, they must not conflict with national laws and regulations, nor violate the principle of splitting one for one and not reducing the original living standard. If you think your compensation may be unreasonable, you must consult Yingting lawyer in time and take effective rights protection actions.
What do you think about this? Let’s chat together! Follow us to learn more about demolition!
If you are worried about demolition, click "Learn More" below to find out how much compensation your home should be.
Previous article：Xia's house is located in a shantytown. I heard that it will be demolished. Should compensation be based on the aerial map or the land certificate area?
Recommended reading
- Mineral rights mortgage financing: a new financing path for private mining companies
- Should the government’s investment promotion agreement be scrapped at the drop of a hat? The law has your back!
- Mining in the name of land leveling? The Central Inspection Team is exposed! Mine bosses, please don’t step into this trap.
- Mining license renewal delayed? The new regulations stipulate that a reply must be made within 15 days
- New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels
- Mineral rights mortgage financing: a new financing path for private mining companies
- Should the government’s investment promotion agreement be scrapped at the drop of a hat? The law has your back!
- Mining in the name of land leveling? The Central Inspection Team is exposed! Mine bosses, please don’t step into this trap.
- Are companies being fined too much for small things? Court: The punishment is inappropriate and must be corrected!
- New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels
