Legal information

Article introduction: How should hotels, restaurants and other catering service industries be compensated when they encounter demolition? What does compensation include? Because the standards for compensation for commercial housing vary from place to place, local policies and statutory compensation should be considered. It mainly includes the following parts.

(1) Housing compensation in hotels, restaurants and other catering service industries.

1. For production and operation buildings approved by the planning department, compensation will be given based on the new assessment based on the specific use functions and properties approved by the planning department.

2. Houses whose use functions are changed without approval from the planning department and used for production and operation will be compensated based on the replacement price of the collective land residential house combined into a new assessment.

3. Temporarily constructed houses used for production and operation that have not exceeded the approved use period shall be evaluated and determined based on the replacement price and the remaining use period.

(2) Compensation for losses caused by suspension of production and business operations in hotels, restaurants and other catering service industries.

1. For enterprises that meet the conditions for reconstruction, the suspension of production and business suspension compensation time shall be determined according to the reconstruction period determined by the evaluation agency. The compensation time for losses due to suspension of production and business operations of enterprises that do not meet the conditions for reconstruction shall be determined based on the time required for statutory liquidation.

2. The Yingting Demolition Group learned that for enterprises that meet the conditions for reconstruction, the compensation standard for losses due to suspension of production and business can be determined by referring to the company’s average monthly production (operating) costs in the previous year and expenses such as replacement of fixed assets, technical transformation, and resettlement of employees. For enterprises that do not meet the conditions for reconstruction, the compensation standard for losses from suspension of production and business operations shall be determined based on the actual losses caused by the enterprise’s suspension of production and business, including the costs involved in resettling employees.

(3) Relocation expenses, relocation subsidies, relocation incentives and other ancillary compensation.

1. The equipment relocation, installation and debugging costs of the demolished persons will be compensated according to the assessed amount;

2. The equipment of the demolished persons that cannot be restored to use will be compensated based on the replacement price and combined into a new assessment.

(4) Compensation for decoration of houses in hotels, restaurants and other catering service industries.

Catering service industries such as hotels and restaurants must undergo measurement and evaluation by evaluation agencies to obtain evaluation results. The "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" clearly stipulates that expropriated persons have the right to express objections, apply for review, and appraisal. Generally, special instructions will be listed at the end of the evaluation report, including the objection period specified by the evaluation agency. The Yingting Demolition Team believes that if you plan to raise an objection to the assessment or apply for review, you should try your best to file it within the specified time limit.

Yingting reminds you:

1. If you operate a restaurant, hotel or other catering industry, you will be punished by relevant departments because the oil fume or sewage discharge exceeds the standard. If you think the handling by the relevant departments is inappropriate, you can safeguard your legitimate rights and interests in accordance with Article 35 of the Administrative Penalty Law. That is, Article 35 of the Administrative Penalty Law stipulates that if the party concerned is dissatisfied with the administrative penalty decision made on the spot, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. If you encounter unclear legal issues, you can consult a professional lawyer to find a solution.

2. At the same time, please pay attention to the following legal deadlines to avoid missing the opportunity to protect your rights. (1) Article 9 of the Administrative Reconsideration Law stipulates that if citizens, legal persons or other organizations believe that a specific administrative act infringes upon their legitimate rights and interests, they may file an application for administrative review within 60 days from the date of becoming aware of the specific administrative act; however, exceptions are made where the application period prescribed by law exceeds 60 days. (2) Article 44 of the Administrative Litigation Law stipulates that for administrative cases within the scope of the People's Court, citizens, legal persons or other organizations may first apply to the administrative agency for reconsideration. If they are not satisfied with the reconsideration decision, they may then file a lawsuit with the People's Court; they may also file a lawsuit directly with the People's Court.