Legal information

Article introduction: Can demolition compensation only be “one for one”? Can you seek more compensation?

First, "remove one for one" is the minimum requirement for house compensation.

According to Article 19 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, the compensation for the value of the expropriated houses shall not be lower than the market price of similar real estate of the expropriated houses on the date of announcement of the house expropriation decision. In other words, the compensation ratio must be at least 1:1, or even higher than this ratio.

Second, the living standards of the demolished people cannot be reduced.

The "market price of expropriated houses similar to real estate" requires that the location, use, building structure, newness, construction area, etc. of the house be fully considered in the demolition assessment. If the location of the house of the demolished person is particularly good, compensation must be given based on the nearby market price, and the living standard of the demolished person must not be reduced.

Third, in addition to house value compensation, there are also demolition incentives.

According to Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, the people's governments at the municipal and county levels shall formulate subsidies and reward measures to provide subsidies and rewards to the expropriated persons. The prerequisite for obtaining relocation incentives is often to vacate the house as soon as possible within the specified time. The Yingting demolition team learned that if the compensation itself is reasonable and does not reduce the family's living standards, they can move as soon as possible to get rewards. If the final amount of compensation plus reward is too small, don't sign the agreement. Wait until a reasonable compensation condition is negotiated before signing the agreement.

Fourth, poor households can strive for compensation exceeding 1:1.

According to Article 18 of the Regulations on Expropriation and Compensation of Houses on State-Owned Land, if the expropriated person meets the conditions for housing security, the people's government at the city or county level that makes the decision to expropriate the house shall give priority to housing security. Housing security is provided to needy households who meet certain conditions. If the housing area is lower than the guaranteed area, you can get compensation for the guaranteed area during demolition. In fact, it has exceeded the 1:1 ratio. If the demolished people have financial difficulties, they can apply for housing security locally.

Fifth, the demolishing party should provide compensation in multiple forms.

"Demolish one for one" is the basis to ensure that the living conditions of the demolished people will not be reduced. If "remove one for one" cannot meet the living needs of the demolished people, the demolishing party should provide additional demolition subsidies in multiple forms.

Yingting reminds you:

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.