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Introduction to the standards for rural land and house expropriation and compensation agreements-Yingting Lawyers Group
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Article author：Yingting Lawyers Group | Update time：2022-11-11 | Reading times：343
Rural land and house expropriation and compensation, house demolition management fees, based on the scale of urban demolition, are charged at a rate not exceeding 0.5-1% of the house demolition compensation and resettlement costs. Detailed charging specifications are formulated by the price and finance departments of each province, autonomous region, and municipality directly under the Central Government. The rural land acquisition compensation agreement stipulates that in addition to collecting house demolition management fees, the management department shall not charge other fees such as demolition permits. The demolition management department whose financial amount is allocated to business expenses shall not charge demolition management fees. The business expenses allocated by finance at all levels to the house demolition management department shall not be reduced or stopped due to this "Notice".
The house demolition management departments in each city must apply for an administrative charging license from the price department and use the charging bills uniformly printed by the financial department. The relevant rules for the management of extra-budgetary funds shall be implemented for fee income, and special financial accounts shall be stored and earmarked funds shall be used for special purposes. Price departments and financial departments at all levels must strengthen supervision and inspection of charging units, and those who violate the rules, charge illegally, and spend indiscriminately shall be investigated and punished in accordance with relevant laws and regulations. Standards for compensation for house demolition and compensation for land acquisition and demolition.
Compensation specifications for rural land acquisition and demolition
The purpose and construction area of the demolished house are generally determined by the property rights certificate, villagehomesteadThe records in the certificate of use or building consent document shall prevail. If the record is inconsistent with the actual situation, except for illegal construction, the actual situation should prevail.
Time cutoff for compensation and resettlement:
1. When the land acquisition announcement is made, if the building consent document has been obtained and the construction of the new house has been completed, the new house will be compensated, and the old house that should be demolished but has not been demolished will not be compensated. When the land acquisition announcement is made, if the building consent document has been obtained but the construction of the new house has not been completed, the construction of the house should be stopped immediately, and the specific compensation amount can be negotiated and agreed upon;
2. If temporary buildings that have not exceeded the agreed period are demolished, appropriate compensation can be given.
The house demolition compensation agreement refers to the compensation provided by the demolisher to the owner of the demolished house in accordance with the rules of the "Urban House Demolition Management Regulations". The method of compensation for demolition can be monetary compensation or house property rights exchange. The "Regulations on the Management of Urban House Demolition" has been scrapped. It is based on the "Regulations on the Expropriation and Compensation of Houses on State-owned Land", which was passed at the 141st executive meeting of the State Council on January 19, 2011. Signed by Wen Jiabao on January 20, 2011.
Monetary compensation is measured based on the current price of the area where the house to be demolished is located. The exchange of house property rights requires the demolisher and the demolished to settle the price of the house and the resettlement house. According to the requirements of the demolished people, it can be exchanged in another place or in the same place.
The house demolition management departments in each city must apply for an administrative charging license from the price department and use the charging bills uniformly printed by the financial department. The relevant rules for the management of extra-budgetary funds shall be implemented for fee income, and special financial accounts shall be stored and earmarked funds shall be used for special purposes. Price departments and financial departments at all levels must strengthen supervision and inspection of charging units, and those who violate the rules, charge illegally, and spend indiscriminately shall be investigated and punished in accordance with relevant laws and regulations. Standards for compensation for house demolition and compensation for land acquisition and demolition.
Compensation specifications for rural land acquisition and demolition
The purpose and construction area of the demolished house are generally determined by the property rights certificate, villagehomesteadThe records in the certificate of use or building consent document shall prevail. If the record is inconsistent with the actual situation, except for illegal construction, the actual situation should prevail.
Time cutoff for compensation and resettlement:
1. When the land acquisition announcement is made, if the building consent document has been obtained and the construction of the new house has been completed, the new house will be compensated, and the old house that should be demolished but has not been demolished will not be compensated. When the land acquisition announcement is made, if the building consent document has been obtained but the construction of the new house has not been completed, the construction of the house should be stopped immediately, and the specific compensation amount can be negotiated and agreed upon;
2. If temporary buildings that have not exceeded the agreed period are demolished, appropriate compensation can be given.
The house demolition compensation agreement refers to the compensation provided by the demolisher to the owner of the demolished house in accordance with the rules of the "Urban House Demolition Management Regulations". The method of compensation for demolition can be monetary compensation or house property rights exchange. The "Regulations on the Management of Urban House Demolition" has been scrapped. It is based on the "Regulations on the Expropriation and Compensation of Houses on State-owned Land", which was passed at the 141st executive meeting of the State Council on January 19, 2011. Signed by Wen Jiabao on January 20, 2011.
Monetary compensation is measured based on the current price of the area where the house to be demolished is located. The exchange of house property rights requires the demolisher and the demolished to settle the price of the house and the resettlement house. According to the requirements of the demolished people, it can be exchanged in another place or in the same place.
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