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Yingting demolition lawyer-How to compensate for demolition of public housing
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Article author：Yingting Lawyers Group | Update time：2019-08-12 | Reading times：333
1. How to compensate for the demolition of public housing
Generally, it is 1:1 based on area, but for details on how to compensate for this demolition in your area, please pay attention to the local government’s demolition notice.
1. When public housing is demolished, the compensation will not all go to the residents, but also to the property owner’s unit to which the public housing belongs.
2. The compensation given to public housing tenants is generally: the unit that owns the public housing will arrange a separate residence; or the compensation will be paid directly. The specific amount of compensation depends on the decision of the unit that owns the public housing, but it must be able to ensure the living conditions of the public housing tenant.
3. First of all, it must be made clear that public housing is a national property and cannot be inherited as private property. Article 27 of the "Urban House Demolition Management Measures" states: If a leased house is demolished and the person being demolished and the lessee of the house are exempted from the lease relationship, or the person being demolished settles the lessee, the demolisher shall compensate the person being demolished. If the person being demolished and the lessee cannot reach an agreement on the exemption of the lease relationship, the demolisher shall exchange the property rights of the house for the person being demolished.
According to the provisions of the "Urban House Demolition Management Measures", the recipient of demolition compensation is the person being demolished, that is, the owner of the house to be demolished. When there is a public housing leasing relationship, the demolished person, that is, the lessor in the public housing leasing relationship, can only receive compensation after terminating the leasing relationship with the lessee or relocating the lessee.
When the demolished party (lessor) resettles the lessee, there is no issue of monetary compensation to the lessee. However, in the case where the lease relationship is waived, the demolished person (lessor) usually pays a certain amount of money to the lessee as consideration for buying out the lessee's right to occupy the property.
2. What matters should be paid attention to when demolishing public housing?
1. Compensation for the demolition of public houses should not be different from private property rights holders.
The nature of house ownership, the property rights of houses can be divided into public and private public houses. According to the different ownership rights, they can be divided into self-managed public houses and directly managed public houses. In my country's current management system and management model, directly managed public houses are generally handled by the real estate administrative departments of the people's governments at all levels. As representatives of the owners of directly managed public houses, the real estate administrative departments exercise the power of possession, use, income and disposal in accordance with the law. They have received the "House Ownership Certificate" in the same way as public houses self-managed by units authorized by the state.
As one of the subjects in the demolition relationship, the owner of public housing should have the same rights and interests as other ownership subjects, and should be protected fairly and impartially. When formulating and implementing policies, the seriousness and consistency of laws and regulations should be maintained. The administrative rules for compensation for demolition of public housing should not be different from the amount of compensation for demolition and the method of benefit distribution for private housing. Otherwise, it will be contrary to the legislative intention of the new "Law" to protect the legitimate rights and interests of the parties involved in demolition.
2. Compensation for the demolition of public houses follows the civil principle of equal value and compensation.
The ownership of the house and the right to use the land together constitute the ownership of the real estate. The real estate owner enjoys the rights of possession, use, income and disposal according to the law. When renting a public house, the real estate owner exercises his right of disposal and income and hands over the right of possession and use to the lessee. The lessee must pay the corresponding price to obtain the right of possession and use from the real estate owner - payment of rent. This is a dual-service civil activity of equal value and payment.
Demolition is also a civil act. During the revision process, the new "Act" pays special attention to adhering to the civil principles of equal status of civil subjects, voluntariness and fairness, and compensation of equal value as determined in the "General Principles of the Civil Law", and equally protects the rights and interests of civil subjects. Therefore, during the demolition process, the real estate owner should obtain the value of the real estate that was removed, including the location price, replacement price, and compensation for attachments, while the user should receive compensation for the loss of the right to use the house due to demolition, including transition fees, demolition fees, etc. Should the lessee receive zone price compensation?
The lessee should also enjoy it, but what the lessee enjoys is not the location price of the house, but the location price of the use right. Due to demolition, the lessee will move from the original location, causing inconvenience to his life. Therefore, when we formulate the transition fee, moving fee and other demolition fee standards, we should also take into account the location of the house. According to the price difference, the corresponding compensation share should be determined and reflected in the compensation to the lessee such as transition fees and moving expenses. That is, the amount of compensation will be the same as the loss suffered. It should also reflect the principle of equal compensation, rather than digging out a piece of the real estate owner's due benefits to subsidize the lessee.
3. Compensation for the demolition of public houses follows the civil principles of autonomy of will and consensus through negotiation.
The owner of the house gets the replacement price combined into a new compensation, and the location price and other compensation are given to the lessee. The lease relationship between the demolished person and the lessee is automatically waived after the demolition compensation, which violates the principle of voluntary equality and autonomy of civil subjects in civil activities. If the two parties cannot negotiate an agreement, the lease contract cannot be waived. And the existing public housing has been demolished. How to arrange the user? The demolisher The property rights of the house should be exchanged for the demolished people. The house with the property rights exchanged should be rented by the original lessee. The demolished person should sign a new house leasing contract with the lessee. The resettlement house provided by the demolisher should also be exchanged at equal value. If the price exceeds or is insufficient, the price difference should be found between the two parties. The method of reciprocity of rights and obligations in the bilateral contract should be followed, combined with the principle of change of form, and negotiated by both parties. Public housing is a national property (or collective property, this article only refers to public housing as a national property) and cannot be inherited as a private property. Public housing tenants only have the right to reside in the public housing they rent and have extremely limited rights to dispose of it.
Generally, it is 1:1 based on area, but for details on how to compensate for this demolition in your area, please pay attention to the local government’s demolition notice.
1. When public housing is demolished, the compensation will not all go to the residents, but also to the property owner’s unit to which the public housing belongs.
2. The compensation given to public housing tenants is generally: the unit that owns the public housing will arrange a separate residence; or the compensation will be paid directly. The specific amount of compensation depends on the decision of the unit that owns the public housing, but it must be able to ensure the living conditions of the public housing tenant.
3. First of all, it must be made clear that public housing is a national property and cannot be inherited as private property. Article 27 of the "Urban House Demolition Management Measures" states: If a leased house is demolished and the person being demolished and the lessee of the house are exempted from the lease relationship, or the person being demolished settles the lessee, the demolisher shall compensate the person being demolished. If the person being demolished and the lessee cannot reach an agreement on the exemption of the lease relationship, the demolisher shall exchange the property rights of the house for the person being demolished.
According to the provisions of the "Urban House Demolition Management Measures", the recipient of demolition compensation is the person being demolished, that is, the owner of the house to be demolished. When there is a public housing leasing relationship, the demolished person, that is, the lessor in the public housing leasing relationship, can only receive compensation after terminating the leasing relationship with the lessee or relocating the lessee.
When the demolished party (lessor) resettles the lessee, there is no issue of monetary compensation to the lessee. However, in the case where the lease relationship is waived, the demolished person (lessor) usually pays a certain amount of money to the lessee as consideration for buying out the lessee's right to occupy the property.
2. What matters should be paid attention to when demolishing public housing?
1. Compensation for the demolition of public houses should not be different from private property rights holders.
The nature of house ownership, the property rights of houses can be divided into public and private public houses. According to the different ownership rights, they can be divided into self-managed public houses and directly managed public houses. In my country's current management system and management model, directly managed public houses are generally handled by the real estate administrative departments of the people's governments at all levels. As representatives of the owners of directly managed public houses, the real estate administrative departments exercise the power of possession, use, income and disposal in accordance with the law. They have received the "House Ownership Certificate" in the same way as public houses self-managed by units authorized by the state.
As one of the subjects in the demolition relationship, the owner of public housing should have the same rights and interests as other ownership subjects, and should be protected fairly and impartially. When formulating and implementing policies, the seriousness and consistency of laws and regulations should be maintained. The administrative rules for compensation for demolition of public housing should not be different from the amount of compensation for demolition and the method of benefit distribution for private housing. Otherwise, it will be contrary to the legislative intention of the new "Law" to protect the legitimate rights and interests of the parties involved in demolition.
2. Compensation for the demolition of public houses follows the civil principle of equal value and compensation.
The ownership of the house and the right to use the land together constitute the ownership of the real estate. The real estate owner enjoys the rights of possession, use, income and disposal according to the law. When renting a public house, the real estate owner exercises his right of disposal and income and hands over the right of possession and use to the lessee. The lessee must pay the corresponding price to obtain the right of possession and use from the real estate owner - payment of rent. This is a dual-service civil activity of equal value and payment.
Demolition is also a civil act. During the revision process, the new "Act" pays special attention to adhering to the civil principles of equal status of civil subjects, voluntariness and fairness, and compensation of equal value as determined in the "General Principles of the Civil Law", and equally protects the rights and interests of civil subjects. Therefore, during the demolition process, the real estate owner should obtain the value of the real estate that was removed, including the location price, replacement price, and compensation for attachments, while the user should receive compensation for the loss of the right to use the house due to demolition, including transition fees, demolition fees, etc. Should the lessee receive zone price compensation?
The lessee should also enjoy it, but what the lessee enjoys is not the location price of the house, but the location price of the use right. Due to demolition, the lessee will move from the original location, causing inconvenience to his life. Therefore, when we formulate the transition fee, moving fee and other demolition fee standards, we should also take into account the location of the house. According to the price difference, the corresponding compensation share should be determined and reflected in the compensation to the lessee such as transition fees and moving expenses. That is, the amount of compensation will be the same as the loss suffered. It should also reflect the principle of equal compensation, rather than digging out a piece of the real estate owner's due benefits to subsidize the lessee.
3. Compensation for the demolition of public houses follows the civil principles of autonomy of will and consensus through negotiation.
The owner of the house gets the replacement price combined into a new compensation, and the location price and other compensation are given to the lessee. The lease relationship between the demolished person and the lessee is automatically waived after the demolition compensation, which violates the principle of voluntary equality and autonomy of civil subjects in civil activities. If the two parties cannot negotiate an agreement, the lease contract cannot be waived. And the existing public housing has been demolished. How to arrange the user? The demolisher The property rights of the house should be exchanged for the demolished people. The house with the property rights exchanged should be rented by the original lessee. The demolished person should sign a new house leasing contract with the lessee. The resettlement house provided by the demolisher should also be exchanged at equal value. If the price exceeds or is insufficient, the price difference should be found between the two parties. The method of reciprocity of rights and obligations in the bilateral contract should be followed, combined with the principle of change of form, and negotiated by both parties. Public housing is a national property (or collective property, this article only refers to public housing as a national property) and cannot be inherited as a private property. Public housing tenants only have the right to reside in the public housing they rent and have extremely limited rights to dispose of it.
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