Legal information

Article introduction: Will the new policy on shantytown renovation in 2019 drive up housing prices? Can the demolished households receive more compensation?

1. Shantytowns usually refer to simple houses built in a disorderly manner due to lack of planning, as well as concentrated areas of shantytowns. This type of house has a simple structure and poor earthquake resistance, fire resistance, and flood resistance, which brings great safety risks to residents. The Yingting demolition team learned that houses in shantytowns are usually small in size, crowded, with poor lighting and ventilation, poor road conditions, and no green belts and public activity venues, which affects the improvement of residents' living standards. In order to change this situation, the country has introduced new policies for shanty town reconstruction in the past two years.

2. The compensation standard calculation method is as follows:

1. Compensation calculation standards for house demolition

(1) Monetary compensation for house demolition = appraised price of legally owned property + agreed compensation amount for house decoration (or compensation amount for house decoration and decoration determined by evaluation)

(2) Compensation difference for house demolition = appraised price of legally owned property + agreed compensation amount for house decoration or house decoration compensation amount determined after evaluation) - appraised price of the house for which the demolished person obtains property rights exchange

2. Calculation standard for house demolition and resettlement fees (for the demolished person or lessee) House demolition and resettlement fees = relocation subsidy + temporary resettlement subsidy when no turnover housing is provided + temporary resettlement subsidy beyond the transition period + compensation for losses caused by suspension of production or business of non-residential houses. The Yingting demolition team found that if the demolisher provides turnover housing and the user of the demolished house lives in it, the second subsidy in the formula is 0; 2. If the demolished house is a residential house, the fourth compensation in the formula is 0.

2. What are the compensation methods for shantytown reconstruction? One is cash compensation, and the other is house replacement.

1. There are three types of compensation for house replacement.

(1) Specify a certain ratio of replacement, such as replacing the old with the new at an area ratio of 1:1.5, etc.;

(2) Resetting the house to a new price means converting your house into a price, which is related to the newness, decoration and structure of the house;

(3) Other relocation incentives.

2. Regarding area determination.

The local house expropriation methods must have clear regulations on this. Generally, it is rated according to the land allocation in a certain year, which means there is an upper limit. Because shanty towns have been formed for a long time, there are many problems left over from history, and there are many households, etc., the living area of ​​each family is not enough, so some buildings in the courtyard are naturally formed. In this case, how to calculate the area must be determined according to the specific local policies.

Yingting reminds you:

In practice, since the value of houses in shantytowns may be relatively low, the amount of compensation may also be lowered. Therefore, you should first determine whether your house that is classified as a demolition house is a house in a shanty town. Let’s look at whether the demolition procedures are carried out strictly in accordance with the regulations on the expropriation and compensation of houses on state-owned land. Sometimes, demolition parties will illegally demolish houses on the grounds of shantytowns. If you are not satisfied with the compensation or your house has been forcibly demolished, please file an administrative review within 60 days 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.