Legal information

Article introduction: Life in rural areas is getting better and better now. Many people have built two-story and three-story buildings for living. Some even have shops on the first floor and live in the second and third floors. They live a self-sufficient life and are very happy. But when the demolition came, the demolition party said that there was neither this nor that, neither this nor that, and the compensation would not be much, and the standard of living would be reduced a lot. So today female lawyer Dong Guo from Yingting will analyze for everyone, how to calculate the area of ​​a self-built rural house when a two-story house is to be demolished, how to calculate it, and according to what standards.

What is the compensation standard for rural house demolition?

1. Compensation for homestead land (i.e. compensation for land, legally owned homestead land, including homestead land with a homestead certificate and legally owned homestead land without a homestead certificate due to historical reasons)

2. Houses - residential houses built on homesteads are divided into legal buildings and illegal buildings (it can be a legal building with or without a planning building permit). It mainly depends on the reason for the formation of the house, such as it is an ancestral home or was built before 2011, or it has been built for many years. As long as it is not rushed to build after the demolition announcement, it is reasonable. It cannot be simply considered to be or not a legal building.

3. Population compensation, which is different from urban demolition. Urban demolition is often only related to the area of the house, while rural demolition involves population compensation for reasons such as population resettlement. In some places, one person is compensated for 30-50 square meters;

4. Compensation for the household registration book, that is, there is an additional compensation for each person in the household. In some places, one household registration book will also have 30-50 square meters of compensation;

5. Compensation for ground attachments, such as trees, wells, pig pens, etc.

6. Transitional resettlement fee. Generally, if there is a relocation house, it will involve a transition resettlement fee, that is, the cost of renting and transitioning between moving out and moving back in. (It should be noted here that a key problem often arises in the demolition agreement. For example, the agreement stipulates that the rent will be compensated for 1,000 yuan per month for relocation in 2 years. If the relocation cannot be carried out in 2 years, the rent will be doubled, but if you think about it, even if it is doubled, it will only be 2,000 a month. If it is 10 You can’t move back for a year, and I’ll only give you 2,000 yuan per month. Are you willing? We’ve seen cases where you can’t move back for up to 10 years, so the agreement must be clear. After the lawyer intervenes, you will usually be asked to relocate to another existing residence, or you will be given cash compensation based on the current market price * compensation area. You cannot wait indefinitely, and it depends on whether the location of the relocated house is clearly stated.)

7. Relocation incentive fee

8. Others

To sum up, in rural areas, if a person has two homesteads, and both are legal (for example, inherited), then when demolition occurs, the compensation will be determined based on the actual homestead. However, if there is only one household registration, only one household registration will be compensated and resettled.

I would like to remind everyone that the core standard of demolition compensation is not to reduce living standards due to demolition, and to ensure that the long-term livelihood of the people is guaranteed. If you find that your demolition compensation is lower than this standard, you have the right to refuse to sign, but if you sign, you have to accept it.

Yingting reminds you:

When you sign the agreement, the amount of compensation you write is the amount you get in the end. When facing demolition, you must stay clear-headed and follow the content of the agreement. If you make a verbal commitment, it must be written in the demolition compensation agreement, otherwise you will definitely not sign it. Because verbal promises have no legal effect. If you have objections to resettlement compensation, 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. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation.