Legal information

Article introduction: Can the demolition party give as much compensation as they want? How to increase the compensation standard from 6,000 yuan/㎡ to 30,000 yuan/㎡?

Part One: Introduction to the Case

Many demolished households have a question: Can the demolishing party give them as much compensation as they want? Is it mandatory to decide whether to demolish a house and how much compensation to give? Can you fight for more rights for yourself? The Yingting Demolition Team once handled such a case. Due to urban construction needs, a street-facing commercial facade house in Xuzhou was facing demolition, involving more than 5,000 square meters of land and houses. The compensation standard given by the local government is 6,000 yuan/㎡. The demolished people believe that the compensation standard is too low, far lower than the local market price of housing. The demolished people approached the Ying Ting legal team, and both parties conducted a comprehensive understanding and analysis of the case. The demolished people actively cooperated in searching for evidence. After the efforts of the Ying Ting team, the court revoked the expropriation decision and raised the expropriation standard from 6,000 yuan/m2 to 30,000 yuan/m2. At the same time, because the two expropriations caused economic losses to the merchants, the High Court ruled that the local government should compensate the merchants for the corresponding losses from production and business suspension. The case was ultimately successfully won.

Part 2: What are the important contents of compensation for shop demolition?

First, how many categories are there for shops and front houses? What are the reference compensation standards?

1. If the certificates are complete but the real estate certificate of the shop is not obtained, compensation shall be based on the price of the front house.

2. For rental houses without real estate certificates and land certificates, or houses built on leased land, please refer to the compensation for suspension of production and business.

3. The shop is a completely leased house and cannot be compensated as a shop.

Second, compensation methods for shops include monetary compensation and property rights replacement.

1. Monetary compensation is based on different legal basis, and a professional evaluation agency conducts professional valuation of the demolished houses to generate a well-founded and multi-component compensation amount.

2. Ying Ting believes that there are three statutory assessment bases: The market assessment price refers to the real estate market price of the demolished house. It is an activity that is conducted by a professional appraisal agency that meets the regulations, based on the appraisal purpose, following the appraisal principles, and selecting appropriate appraisal methods in accordance with the appraisal procedures, and on the basis of a comprehensive analysis of the factors that affect the real estate price, to estimate and determine the objective and reasonable price or value of the real estate at the appraisal time point. The average transaction price of commercial housing refers to the average transaction price of ordinary residential commercial housing of the same type in the same area, which is regularly summarized, measured and published by relevant departments every quarter. Replacement price refers to the normal price of a new building with the same functional utility as the object of valuation determined by the valuation agency using the building materials and construction technology at the time of valuation, based on the price level at the time of valuation.

3. Property rights replacement is also called property rights exchange. There are two replacement methods based on different evaluation methods.

Value-standard property rights replacement refers to the evaluation of the property rights value of the demolished person's house in accordance with legal procedures, and then the property rights of the newly built house are replaced with equivalent value. Area-standard property rights exchange refers to the exchange of houses with different property rights based on the building area and within the area that should be resettled without settling the price difference. There are two forms of property rights replacement: off-site resettlement means that because the developer's project does not involve residential buildings or due to the floor area ratio of the land, relocation cannot be carried out. The only choice is to build new resettlement houses on other land parcels, and then through the increase or decrease of property rights, the property rights can be exchanged with equivalent value. Return resettlement means that the developer's demolition and reconstruction project can complete the return resettlement, and the return resettlement can be completed through the proportion of property rights replacement.

Third, shop demolition compensation includes losses from production and business suspension, etc.

1. Incentive fees incurred based on the demolition policy, including expedited relocation fees, demolition incentive fees, etc. However, only after seeing the demolition agreement can we determine whether the demolition is legal and what compensation we should seek.

2. Preliminary costs for relocation and downtime costs incurred during the relocation process, costs for debugging and repairing machinery and equipment, disassembly, packaging and transportation of materials, compensation for laid-off employees, etc.

3. If Ying Ting proposes to demolish non-residential buildings, resulting in the suspension of production and business, he should also be compensated. If the demolition of houses results in the suspension of production or business, within the specified transition period, a one-time minimum wage compensation will be provided according to the number of registered workers involved, or the actual number of employees registered in the industrial and commercial business license. Among them, if the transition period is within 18 months, 6 months of compensation will be given; if the transition period is between 18 months and less than 24 months, 10 months of compensation will be given; if the transition period is extended due to the responsibility of the demolisher, 1 month of compensation will be given for each overdue month starting from 1 month. If the demolition of the house results in a suspension of rent, 50% of the rent specified in the "House Rental Certificate" issued by the housing management department will be compensated until the house is moved back.

Yingting reminds you:

If such shut down enterprises have objections to resettlement compensation, what can they do? According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.