Legal information

Article introduction: Many friends seem very passive when facing land acquisition and demolition. They don’t know where the compensation amount comes from? I don’t know how to protect my legitimate rights and interests. Many people think that the compensation given is too little! So, how to increase demolition compensation? Reasonable evaluation is an important link! You will understand after reading these 5 points!

1. Basic steps of assessment

(1) Selection of evaluation agency

1. The demolition parties jointly select the assessment agency.

Municipal and county real estate management departments should disclose to the public a number of valuation agencies with high qualifications, strong comprehensive strength, and good social reputation for the demolition parties to choose from.

2. The demolisher invests in entrusting the evaluation agency.

After the demolition valuation agency is determined, it is usually entrusted by the demolisher. The client shall sign a written demolition valuation entrustment contract with the valuation agency.

3. Both parties to the demolition shall choose the assessment agency respectively.

If both parties have doubts about the appraisal agency and the appraisal results, Ying Ting suggests that the demolishers and the demolished persons can each choose the appraisal agency, and both parties and the appraiser negotiate and negotiate to arrive at the final appraisal price.

(2) Survey and measurement by the assessment agency

The parties involved in the demolition provide demolition valuation information and assist the valuation agency in conducting on-site inspections. Conduct on-site inspections of the demolished houses, keep records of the on-site inspections, and take images that reflect the appearance and internal conditions of the demolished houses. The field survey records shall be signed and approved by the appraiser, the demolisher and the demolished persons during the field survey.

(3) Public announcement of preliminary valuation report

The valuation agency shall publicize the preliminary valuation results of each household to the demolished persons for 7 days, conduct on-site explanations, and listen to relevant opinions. After the expiration of the publicity period, the valuation agency shall provide the client with the overall valuation report and the household valuation report of the demolished houses within the scope of the commission. The client shall forward the household valuation report to the demolished persons.

(4) Review application

Ying Ting believes that when the demolition parties have objections to the valuation results, they can apply in writing to the original valuation agency for review of the valuation within 5 days from the date of receipt of the valuation report, or they can entrust another valuation agency to make a valuation.

2. Different evaluation methods have different compensations.

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.

3. Yingting learned that if there are transactions for similar real estate of the expropriated house, 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.

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

5. If evaluated according to the cost method, only the cost price of the house will be compensated to the demolished households. Cost method evaluation provides the lowest compensation. The demolition households can reject this assessment method. The cost method determines the value of repurchasing the asset based on the current market price, while the market method determines the value based on the transaction price of the asset on the market. The former is mainly determined from the perspective of the buyer, that is, based on the cost of purchasing and constructing an asset. The latter is determined from the seller's perspective, that is, the sales price on the market. Generally speaking, in the evaluation of land acquisition and demolition compensation, the market price of surrounding housing should be referred to, and compensation should be based on the assessed price. Market method evaluation is fairer and provides greater compensation than cost method evaluation.

Yingting reminds you:

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. If the expropriated person or the housing expropriation department has objections to the assessment results, they shall apply to the real estate price assessment agency for review of the assessment within 10 days from the date of receipt of the assessment report. The original real estate price assessment agency shall review the assessment results within 10 days from the date of receipt of the written application for review assessment. After review, if the original assessment result is changed, a new assessment report shall be issued; if the assessment result has not changed, the applicant for review and assessment shall be informed in writing. If the expropriated person or the housing expropriation department has objections to the review results of the original real estate price appraisal 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 the 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.