Legal information

Introduction to the article: If the demolition households have disputes over the house value assessment, what will be the consequences in practice?

1. According to Articles 19 and 20 of the "Regulations on Expropriation and Subsidy", the value of the expropriated houses shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method. The real estate price assessment agency shall be selected by the expropriated person through negotiation; if the negotiation fails, it shall be determined by majority decision, random selection, etc. The specific measures shall be formulated by the province, autonomous region, and municipality directly under the Central Government. In practice, most places have formulated corresponding implementation details. Ying Ting found that in order to avoid being influenced by local governments, real estate price assessment agencies should carry out house expropriation assessments independently, objectively and fairly, and use a variety of methods to conduct assessments. They cannot just choose the lower-price method, let alone conduct assessments based on the local government's willingness to compensate less.

2. The assessment should be carried out in accordance with the spirit of the "Urban Land Valuation Regulations" and other regulations. On the basis of on-site investigation, a professional real estate price assessment agency shall comprehensively select the market method, income method, cost method, hypothetical development method and other evaluation methods to evaluate the value of the expropriated real estate based on the location and use of the expropriated real estate and other factors that affect the value of the expropriated real estate and the local real estate market conditions. The evaluation results shall be reasonably determined and compensation shall be made on this basis.

3. According to Articles 20, 21, and 22 of the "Expropriation and Assessment Measures", if the person whose house is expropriated has any objection to the house value assessment result entrusted by the real estate price assessment agency, he should apply in writing to the real estate price assessment agency for a review of the assessment; the Yingting Demolition Team learned that if he has any objection to the review and assessment result, he should apply for appraisal to the Expert Committee on Assessment of the Location of the Expropriated House. According to Articles 23 and 24 of the "Expropriation and Assessment Measures", the Assessment Expert Committee is composed of real estate appraisers and experts in price, real estate, land, urban planning, law, etc. The Assessment Expert Committee should select members to form an expert group to appraise the review results.

4. Therefore, the expert group of the Appraisal Expert Committee is the highest professional and technical authority of the housing appraisal agency where the expropriated house is located, and its appraisal opinion is deemed to be the completion of the relief procedure within the professional field of the expropriated house.

5. Since the house valuation opinion is the most important part of the compensation decision, the failure of the house expropriated person to seek relief within the professional field of the real estate price appraisal agency does not prevent him from directly applying for administrative review or filing an administrative lawsuit against the compensation decision in accordance with the provisions of Article 26, paragraph 3, of the "Regulation and Compensation Regulations", and the review by the real estate price appraisal agency and the appraisal by the appraisal expert committee are not preparatory procedures for the expropriated person to file an administrative review or administrative lawsuit. Although it is usually not appropriate for courts to deny evaluation reports produced by qualified professional evaluation agencies in accordance with the law, the finality of judicial review determines that the People's Court still has to review the qualifications and evaluation procedures of the evaluation agency to ensure that the evaluation report is legal, authentic, and effective, and to protect the legitimate expropriation and compensation interests of the expropriated person.

Yingting reminds you:

1. In practice, expropriated persons often face situations where the expropriating party unilaterally selects an assessment agency. Ying Ting learned from the above provisions that Chinese law gives the expropriated people the right to independently choose the assessment agency, and establishes the initiative of the demolished people in the process of selecting the assessment agency. The act of direct assignment by the collecting party is obviously illegal. The expropriated persons can safeguard their legal rights through this provision and obtain fair and reasonable compensation.

2. Article 10 of the "Measures for Expropriation and Assessment of Houses on State-Owned Land" stipulates that the time point for assessing the value of expropriated houses is the date when the decision to expropriate the houses is announced. The time point used to evaluate the value of the property rights exchanged house shall be consistent with the time point used to evaluate the value of the expropriated house.

3. The purpose of evaluation is to truly reflect the true value of the real estate in order to achieve reasonable and fair compensation. However, if the evaluation report takes a long time and the market changes greatly, and cannot truly reflect its value, the expropriated person may request a re-evaluation.

If the demolished persons have objections to the assessment report, they should apply for review in a timely manner. They can also ask a lawyer to intervene in the assessment process and participate in negotiations.

4. The validity period of the evaluation report application ≠ the validity period of the evaluation report. Never interpret "the validity period of the application shall not exceed one year from the date of issuance of the valuation report" in the valuation report as "the validity period of the valuation report is one year." The demolished persons must apply for review within 10 days of receiving the assessment report. If you are not satisfied with the review result, you can consult a lawyer who has in-depth research on demolition assessment and adopt appropriate methods to safeguard your legitimate rights and interests.

5. If you are not satisfied with the evaluation report, what legal channels can you take to protect your rights and interests?

According to the relevant laws and regulations of our country, Article 19 of the "Measures for the Expropriation and Assessment of Houses on State-Owned Land" stipulates that "If the expropriated person or the house expropriation department has questions about the evaluation report, the real estate price assessment agency that issued the evaluation report shall provide explanations and explanations to them." Article 20 stipulates that "If the expropriated person or the house expropriation department has any objection to the evaluation results, they shall report it to the expropriated person or the house expropriation department within 10 days from the date of receipt of the evaluation report. The real estate price assessment agency applies for review and assessment. If it applies for review and assessment, it shall submit a written application for review and assessment to the original real estate price assessment agency and point out the problems in the assessment report. "Article 21 stipulates that "the original real estate price assessment agency shall review the assessment results within 10 days from the date of receipt of the written review and assessment application. If the original assessment result is changed after the review, a new assessment report shall be issued. report; if the assessment result has not changed, the applicant for review and assessment shall be informed in writing. "Article 22 stipulates that "If the expropriated person or the housing expropriation department has objections to the review results of the original real estate price assessment agency, they shall apply to the expert committee for appraisal of the location of the expropriated houses within 10 days from the date of receipt of the review results. Article 26 of the Regulations on Compensation. "Article 26 of the Regulations on Expropriation and Compensation of Houses on State-Owned Land" stipulates that "If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration in accordance with the law, or he may file an administrative lawsuit in accordance with the law. The demolished person may ask a professional demolition lawyer to intervene in the evaluation, and both parties will bring evaluators from the evaluation agency to negotiate on the details of the evaluation, the evaluation results and the amount of compensation."