Legal information

Article introduction: How to estimate the price of housing compensation? After reading these 3 points, you will know!

(1) The assessed price of the house has a great relationship with the compensation amount. Only after evaluation can the people being demolished know the approximate amount of compensation for demolition. So, how are demolished houses valued? First of all, in the process of house demolition, demolition assessment is a basic procedure for striving for reasonable compensation. After the demolition announcement is issued, it will be evaluated by an evaluation agency with corresponding qualifications in accordance with the law. The market value assessment of demolished houses must follow a certain process. This includes selecting the agency, signing the contract, on-site assessment, public announcement and explanation, delivery report, application review, and application appraisal. The demolished people can participate in every link.

(2) It is very important for the demolished people to take the initiative in evaluation when choosing the evaluation agency!

1. Hearings can be used to make “recommendation” selections.

2. When the two parties cannot reach an agreement, the "lottery" method can be used, and the demolition management department will draw lots from the evaluation agencies to be selected.

3. If the demolished person is dissatisfied with the assessment result and still has objections after the assessment review, Ying Ting believes that he can choose the assessment agency by himself and conduct the assessment again. However, the self-selected evaluation agency should be one that has been published.

(3) Which evaluation method is chosen will also have a great impact on the amount of compensation.

(1) A registered real estate appraiser shall, based on the evaluation object and local real estate market conditions, conduct a suitability analysis of the market method, income method, cost method, hypothetical development method and other evaluation methods, and then select one or more of these methods to evaluate the value of the expropriated house.

(2) According to the notice of the Ministry of Housing and Urban-Rural Development on the issuance of the "Measures for the Expropriation and Assessment of Houses on State-Owned Land", Article 13 stipulates: A registered real estate appraiser shall, based on the assessment object and local real estate market conditions, conduct an applicability analysis of the market method, income method, cost method, hypothetical development method and other evaluation methods, and then select one or more of these methods to evaluate the value of the expropriated house. The Yingting Demolition Team learned that if similar real estate of the expropriated house is traded, the market method should be used for evaluation; if the expropriated house or its similar real estate has economic benefits, the income method should be used for evaluation; if the expropriated house is under construction, the hypothetical development method should be used for evaluation. If two or more evaluation methods can be selected at the same time for evaluation, more than two evaluation methods should be used for evaluation, and the evaluation results should be reasonably determined after checking and comparing the calculation results of various evaluation methods.

(3) In addition to the above, factors that affect the value of the expropriated houses such as the location, purpose, building structure, newness, building area and floor area, land use rights, etc. of the house must also be considered.

Yingting reminds you:

1. Whether it involves illegal construction or land acquisition and demolition, it is best not to demolish the house involved yourself. If you dismantle it yourself, it will be difficult to get compensation later. Because you can’t find a reason to ask for compensation, it’s also difficult to determine who to sue in court. If your house has been forcibly demolished, you can take relevant photos and videos before, at, and after the demolition as evidence of the demolition and as the basic basis for proposing compensation conditions. It is also easy to identify the subject who carried out the forced demolition, know who to sue, and find out who should bear the responsibility for the forced demolition.

2. 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. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.