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Yingting Demolition Lawyer - Compensation provisions in the "Regulations on Expropriation and Compensation of Houses on State-owned Land"
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Article author：Yingting Lawyers Group | Update time：2019-08-12 | Reading times：340
Compensation will be provided when self-built houses on state-owned land are demolished. "Houses on State-owned Land"levyThe provisions of the Compensation and Compensation Act regarding compensation.
Article 17: Building a houselevyThe people's governments at the city and county levels make the decision tolevyCompensation includes:
(1) BeinglevyCompensation for the value of the house;
(2) CauselevyCompensation for relocation and temporary organization of house composition;
(3) CauselevyCompensation for losses due to suspension of production and business operations.
Municipal and county-level people's governments should formulate subsidies and reward measures tolevyPeople provide subsidies and rewards.
Article 18levypersonal residence, bylevyIf a person meets the conditions for housing guarantee, a house will be builtlevyThe people's governments at the city and county levels that make the decision should give priority to guaranteeing their residence. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Article 19: Treating quiltlevyThe compensation for the value of the house shall not be less than the value of the houselevyThe date of decision announcement waslevyA house is similar to the market price of real estate. BelevyThe value of a house is determined by a qualified real estate price review organization based on the value of the house.levyReview method review approval.
Approved by reviewslevyIf you have any objections to the value of the house, you can apply for a review review from a real estate price evaluation organization. If you have any objection to the review results, you may request a judgment from the Real Estate Price Evaluation Expert Committee.
houselevyThe evaluation methods shall be formulated by the urban and rural development department of the State Council, and during the formulation process, opinions shall be solicited from the public.
Article 20: Real estate price review organizations shall be organized bylevyThose who fail to negotiate will be confirmed through majority selection, random selection and other methods. The specific measures will be formulated by the provinces, autonomous regions and municipalities directly under the Central Government.
Real estate price review organizations should conduct real estate evaluations independently, objectively and fairly.levyNo unit or individual may interfere with the evaluation work.
Article 21 BeinglevyPeople can choose monetary compensation or exchange house property rights.
BelevyIf a person chooses to exchange the property rights of a house, the people's government at the city or county level shall provide a house for the property rights exchange and cooperate with the owner.levypeople calculate, settle quiltlevyThe difference between the value of the house and the value of the house used in exchange for equity.
Due to the reconstruction of the old citylevypersonal residence, bylevyIf a person chooses to exchange the property rights of a house in a renovated area, the house will belevyThe selected city and county-level people's governments should provide houses in the redevelopment area or nearby areas.
Article 22 BecauselevyHouse constitutes relocation, houselevypart should be submitted to thelevyThe person pays the relocation fee; if you choose to exchange the property rights of the house, before the property rights exchange house is handed over, the houselevypart should be submitted to thelevyPeople pay temporary organization fees or provide temporary housing.
Article 23: CauselevyThe house constitutes compensation for losses caused by suspension of production and business, based on thelevyFactors such as the previous benefits and the period of suspension of production and business operations shall be recognized. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Article 24 The municipal and county-level people's governments and their relevant departments shall strengthen the supervision and handling of production activities in accordance with the law, and those who carry out production in violation of urban and rural planning shall be dealt with in accordance with the law.
Municipal and county-level people’s governments build houseslevyBefore making a decision, relevant departments should be organized to investigate the matter in accordance with the law.levyUnregistered buildings within the plan will be investigated, recognized and dealt with. Compensation shall be given to temporary buildings that are deemed to be legal construction and have not exceeded the agreed period; compensation shall not be given to temporary buildings that are deemed to be illegal and have exceeded the agreed period.
Article 25 Houselevypart and quiltlevyIn accordance with the provisions of this Act, a person concludes a compensation agreement regarding compensation methods, compensation amount and payment period, the address and area of the house used for property rights exchange, relocation fees, temporary organization fees or turnover housing, losses due to suspension of production and business, relocation period, transitional measures and transition period, etc.
After a compensation agreement is concluded, if one party fails to perform its responsibilities as agreed in the compensation agreement, the other party may file a lawsuit in accordance with the law.
Article 26 Houselevypart and quiltlevyPeople are herelevyIf a compensation agreement cannot be reached within the contract period recognized by the compensation plan, the company may belevyIf the owner of the house is unclear, the house ownerlevyPartial application to make a houselevyThe city and county-level people's governments that make the decision shall comply with the provisions of this Act and in accordance withlevyCompensation plan to make compensation decisions and in houselevyIt will be announced in the plan.
The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in Article 25, Paragraph 1, of this Act.
BelevyIf a 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.
Article 27 Implementing a houselevyCompensation should be given first and relocation last.
make a houselevyThe people's governments at the city and county levels make the decision tolevyAfter the person gave compensation, the person waslevyPeople should complete the relocation within the relocation period stipulated in the compensation agreement or confirmed in the compensation decision.
No unit or individual may use violence, coercion or illegal measures such as interrupting water supply, heating, gas supply, power supply and road traffic to force people tolevyPeople move. Prevent production units from participating in relocation activities.
Article 28 BeinglevyIf a person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the house shall belevyThe people's governments at the city and county levels that make the decision request the People's Court for enforcement in accordance with the law.
The request for enforcement shall be accompanied by information such as the amount of compensation, the account number of the special account, the address and area of the property rights exchange house and the turnover house.
Article 29 HouselevySome houses should be built in accordance with the lawlevyCompensation files and record the household compensation status in the houselevyPlanning for introversionlevyPosted by people.
Audit agencies should strengthen theirlevySupervise the processing and usage of compensation expenses and publish audit results.
The demolition compensation standards for self-built houses on urban state-owned land are often even higher than those for commercial houses. Since most self-built houses have yards, the government must include the yard area when measuring the area of self-built houses. Unless this self-built house has been recognized as an illegal building, the government has the right to forcibly demolish the illegal building.
Article 17: Building a houselevyThe people's governments at the city and county levels make the decision tolevyCompensation includes:
(1) BeinglevyCompensation for the value of the house;
(2) CauselevyCompensation for relocation and temporary organization of house composition;
(3) CauselevyCompensation for losses due to suspension of production and business operations.
Municipal and county-level people's governments should formulate subsidies and reward measures tolevyPeople provide subsidies and rewards.
Article 18levypersonal residence, bylevyIf a person meets the conditions for housing guarantee, a house will be builtlevyThe people's governments at the city and county levels that make the decision should give priority to guaranteeing their residence. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Article 19: Treating quiltlevyThe compensation for the value of the house shall not be less than the value of the houselevyThe date of decision announcement waslevyA house is similar to the market price of real estate. BelevyThe value of a house is determined by a qualified real estate price review organization based on the value of the house.levyReview method review approval.
Approved by reviewslevyIf you have any objections to the value of the house, you can apply for a review review from a real estate price evaluation organization. If you have any objection to the review results, you may request a judgment from the Real Estate Price Evaluation Expert Committee.
houselevyThe evaluation methods shall be formulated by the urban and rural development department of the State Council, and during the formulation process, opinions shall be solicited from the public.
Article 20: Real estate price review organizations shall be organized bylevyThose who fail to negotiate will be confirmed through majority selection, random selection and other methods. The specific measures will be formulated by the provinces, autonomous regions and municipalities directly under the Central Government.
Real estate price review organizations should conduct real estate evaluations independently, objectively and fairly.levyNo unit or individual may interfere with the evaluation work.
Article 21 BeinglevyPeople can choose monetary compensation or exchange house property rights.
BelevyIf a person chooses to exchange the property rights of a house, the people's government at the city or county level shall provide a house for the property rights exchange and cooperate with the owner.levypeople calculate, settle quiltlevyThe difference between the value of the house and the value of the house used in exchange for equity.
Due to the reconstruction of the old citylevypersonal residence, bylevyIf a person chooses to exchange the property rights of a house in a renovated area, the house will belevyThe selected city and county-level people's governments should provide houses in the redevelopment area or nearby areas.
Article 22 BecauselevyHouse constitutes relocation, houselevypart should be submitted to thelevyThe person pays the relocation fee; if you choose to exchange the property rights of the house, before the property rights exchange house is handed over, the houselevypart should be submitted to thelevyPeople pay temporary organization fees or provide temporary housing.
Article 23: CauselevyThe house constitutes compensation for losses caused by suspension of production and business, based on thelevyFactors such as the previous benefits and the period of suspension of production and business operations shall be recognized. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Article 24 The municipal and county-level people's governments and their relevant departments shall strengthen the supervision and handling of production activities in accordance with the law, and those who carry out production in violation of urban and rural planning shall be dealt with in accordance with the law.
Municipal and county-level people’s governments build houseslevyBefore making a decision, relevant departments should be organized to investigate the matter in accordance with the law.levyUnregistered buildings within the plan will be investigated, recognized and dealt with. Compensation shall be given to temporary buildings that are deemed to be legal construction and have not exceeded the agreed period; compensation shall not be given to temporary buildings that are deemed to be illegal and have exceeded the agreed period.
Article 25 Houselevypart and quiltlevyIn accordance with the provisions of this Act, a person concludes a compensation agreement regarding compensation methods, compensation amount and payment period, the address and area of the house used for property rights exchange, relocation fees, temporary organization fees or turnover housing, losses due to suspension of production and business, relocation period, transitional measures and transition period, etc.
After a compensation agreement is concluded, if one party fails to perform its responsibilities as agreed in the compensation agreement, the other party may file a lawsuit in accordance with the law.
Article 26 Houselevypart and quiltlevyPeople are herelevyIf a compensation agreement cannot be reached within the contract period recognized by the compensation plan, the company may belevyIf the owner of the house is unclear, the house ownerlevyPartial application to make a houselevyThe city and county-level people's governments that make the decision shall comply with the provisions of this Act and in accordance withlevyCompensation plan to make compensation decisions and in houselevyIt will be announced in the plan.
The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in Article 25, Paragraph 1, of this Act.
BelevyIf a 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.
Article 27 Implementing a houselevyCompensation should be given first and relocation last.
make a houselevyThe people's governments at the city and county levels make the decision tolevyAfter the person gave compensation, the person waslevyPeople should complete the relocation within the relocation period stipulated in the compensation agreement or confirmed in the compensation decision.
No unit or individual may use violence, coercion or illegal measures such as interrupting water supply, heating, gas supply, power supply and road traffic to force people tolevyPeople move. Prevent production units from participating in relocation activities.
Article 28 BeinglevyIf a person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the house shall belevyThe people's governments at the city and county levels that make the decision request the People's Court for enforcement in accordance with the law.
The request for enforcement shall be accompanied by information such as the amount of compensation, the account number of the special account, the address and area of the property rights exchange house and the turnover house.
Article 29 HouselevySome houses should be built in accordance with the lawlevyCompensation files and record the household compensation status in the houselevyPlanning for introversionlevyPosted by people.
Audit agencies should strengthen theirlevySupervise the processing and usage of compensation expenses and publish audit results.
The demolition compensation standards for self-built houses on urban state-owned land are often even higher than those for commercial houses. Since most self-built houses have yards, the government must include the yard area when measuring the area of self-built houses. Unless this self-built house has been recognized as an illegal building, the government has the right to forcibly demolish the illegal building.
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