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How should I compensate for the demolition of my house after it is used to operate a shop? - Yingting demolition lawyer
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Article author：Yingting Lawyers Group | Update time：2019-08-08 | Reading times：252
"Renovation of residences to non-residences" is also called "renovation of residences to commercial properties", which refers to residences on state-owned or collectively-owned land taking advantage of their geographical location along the street to convert their residences into shops for business operations.
If it isDemolitionThe ownership certificate of the house indicates that it is used as a residence, but it has obtained a business license and other operating procedures, a tax registration certificate and a tax payment record in accordance with the law. So, how should compensation be made?
From the concept of "renovating housing to non-residential housing", it is not difficult to see that a house that can be identified as "renovating non-residential housing to non-residential housing" must meet two conditions:
(1) The house has legal property rights and its use is registered as a residence;
(2) Obtained business license and other business procedures, tax registration certificate and tax payment records in accordance with the law.
After using his residence to run a shop,DemolitionHow to compensate?
Since "renovation from housing to non-residential housing" has the advantages of low cost and convenience at the industrial development level and is very common in life, this type of house is facingDemolitionThe standard of compensation is naturally an unavoidable issue.
The General Office of the State Council in its "Concerning Earnestly Building Township Houses"Demolition"Emergency Notice on Work to Protect Social Stability" clearly stipulates: "ForDemolitionThe property rights within the scope are residences, but those who have obtained business licenses for commercial use in accordance with the law will be compensated appropriately according to their operating conditions, operating years, tax payment and other actual conditions. "
Therefore, we can draw the conclusion:
The compensation for a "residential-to-non-residential" house is definitely higher than that of an ordinary residential house. some places inDemolitionDuring the implementation process, in order to lower the compensation standard, the expropriating party unilaterally identified the "renovated residential to non-residential" houses as residences and compensated according to the residence compensation standards. Doing so would damage the legitimate interests of the expropriated people.
If it isDemolitionThe ownership certificate of the house indicates that it is used as a residence, but it has obtained a business license and other operating procedures, a tax registration certificate and a tax payment record in accordance with the law. So, how should compensation be made?
From the concept of "renovating housing to non-residential housing", it is not difficult to see that a house that can be identified as "renovating non-residential housing to non-residential housing" must meet two conditions:
(1) The house has legal property rights and its use is registered as a residence;
(2) Obtained business license and other business procedures, tax registration certificate and tax payment records in accordance with the law.
After using his residence to run a shop,DemolitionHow to compensate?
Since "renovation from housing to non-residential housing" has the advantages of low cost and convenience at the industrial development level and is very common in life, this type of house is facingDemolitionThe standard of compensation is naturally an unavoidable issue.
The General Office of the State Council in its "Concerning Earnestly Building Township Houses"Demolition"Emergency Notice on Work to Protect Social Stability" clearly stipulates: "ForDemolitionThe property rights within the scope are residences, but those who have obtained business licenses for commercial use in accordance with the law will be compensated appropriately according to their operating conditions, operating years, tax payment and other actual conditions. "
Therefore, we can draw the conclusion:
The compensation for a "residential-to-non-residential" house is definitely higher than that of an ordinary residential house. some places inDemolitionDuring the implementation process, in order to lower the compensation standard, the expropriating party unilaterally identified the "renovated residential to non-residential" houses as residences and compensated according to the residence compensation standards. Doing so would damage the legitimate interests of the expropriated people.
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