Legal information

How much is the national compensation standard for house demolition per square meter?

There is no specific amount stipulated.

There is only one standard stipulation. For houses on collective land, monetary compensation will be given to the minimum construction cost price, and the housing site or land price compensation will also be replaced; for house replacement in the same location, the minimum price will be one-for-one based on the area. For urban villages, the monetary compensation is the lowest market price; for houses on state-owned land, the house replacement in the same location is at the lowest one-for-one price, and the monetary compensation is the lowest market price.

Article 18 The municipal government shall provide compensation to the expropriated persons, and the compensation content shall include:

(1) Compensation for the value of the expropriated house;

(2) Compensation for the value of the expropriated house attachments;

(3) Compensation for relocation and temporary resettlement caused by house expropriation;

(4) Compensation for losses caused by suspension of production and business due to house expropriation.

The value of the expropriated house includes the value of the house and the value of the state-owned land use rights attached to the house.

The value of the expropriated house attachments includes the value of the indoor and outdoor decoration of the house, various ancillary facilities, equipment, color steel structures, steel structures, trees, murals, etc. (excluding gas installation and central heating).

Article 19 The expropriated person can choose monetary compensation or exchange of house property rights. Except for the circumstances specified in Article 24 of this opinion.

The compensation method for collectively owned houses within the scope of house expropriation (referring to houses acquired by collective asset investment by collective ownership units on state-owned land) shall be within the time specified by the municipal government. The town government (subdistrict office) where the collective ownership unit is located shall organize the relevant residents' committee to discuss and decide on the choice of monetary compensation or house property rights exchange in accordance with the principles and procedures of democratic negotiation in accordance with the "Village Organization Law of the People's Republic of China" and other relevant provisions. If the compensation method cannot be determined within the specified time, monetary compensation will be given.

Article 20 The compensation for the value of the expropriated residential houses shall be determined by the real estate price evaluation agency based on the market price of new ordinary commercial housing in the location of the expropriated houses on the date of announcement of the house expropriation decision. The minimum compensation value for expropriated residential houses is 90% of the market assessed price of new ordinary commercial housing in the area where the expropriated houses are located.

Compensation for the value of expropriated non-residential houses shall not be lower than the market price of similar real estate in the location of the expropriated houses on the date of announcement of the house expropriation decision, and shall be assessed and determined by a real estate price assessment agency.

The value of the expropriated house attachments shall be determined by the expropriation party through negotiation based on the standards of up to 360 yuan per square meter of legal construction area for individually owned houses and up to 160 yuan per square meter for state-owned and collectively owned houses (state-owned houses refer to houses on state-owned land acquired with state-owned asset investment by state agencies, social groups, or enterprises and institutions). If it is indeed a special situation, a real estate price evaluation agency can be entrusted to determine the price through evaluation. Gas installation and central heating shall be carried out in accordance with the standards stipulated by the municipal gas and heating department.

Article 21 If the expropriated person chooses to exchange the property rights of the house, the municipal government shall exchange the property rights of the property rights exchange house provided with the expropriated person's house. The value of the property rights exchanged house and the expropriated house shall be evaluated and determined in accordance with the provisions of this opinion. After both parties settle the price difference, the ownership of the property-exchanged house will belong to the expropriated party.

Article 22 Houses used for property rights exchange shall comply with the following provisions:

(1) Comply with the technical specifications and standards for housing construction design stipulated by the country and the province;

(2) Comply with the national and provincial housing quality and safety standards;

(3) Clear property rights.

Article 23 The construction area and purpose of the expropriated houses shall be subject to the records in the house ownership certificate and house registration book. If there is any inconsistency between the house ownership certificate and the house registration book, the house registration book shall prevail unless there is evidence to prove that there is an error in the house registration book.

Article 24 If the expropriated house belongs to public rental housing, public housing directly managed by the public housing management department, or public housing managed by the unit itself, during the lease relationship, if the expropriated person has not reached a termination agreement with the lessee but complies with the house leasing regulations, the municipal government shall compensate the expropriated person by exchanging the property rights of the house. The house used for property rights exchange will be rented by the original house lessee, and the expropriated person will sign a new house lease contract with the original house lessee.

Article 25 If the expropriated person has only one residential house and the building area of the house is less than 46 square meters, the expropriated person may submit a written application for housing difficulty to the housing expropriation department and present relevant certificates. The housing expropriation department shall make a public announcement within the scope of house expropriation, and the publicity period shall not be less than 10 days. If there is no objection to the announcement, the housing expropriation department shall provide monetary compensation or exchange the property rights of the house according to the standard of 46 square meters for multi-story buildings and 49 square meters for high-rise buildings. The difference in price of the houses within the above-mentioned area and the cost of increasing the area will not be borne by the expropriated person. The excess area will be purchased by the expropriated person at a stepped price and has full property rights.

Article 26 If the expropriated person meets the conditions for housing security, the municipal government shall directly allocate renting and allotment of affordable housing without waiting in the waiting list.

If the expropriated person meets both the housing guarantee conditions and the minimum area compensation conditions, the housing expropriation department shall seek the opinions of the expropriated person and let the expropriated person choose between housing guarantee or minimum area compensation.

Article 27 The housing expropriation department shall pay a one-time relocation fee to the expropriated person, 600 yuan for residential houses; 15 yuan per square meter for non-residential houses according to the area of the expropriated house that is recognized as a legal building. Relocation costs for non-residential housing include the removal, transportation, installation and other costs of equipment, appliances, etc. If judicial or administrative enforcement is implemented, relocation fees will not be paid.

Article 28 If the expropriated person signs a compensation agreement with the housing expropriation department within the contract period determined in the expropriation compensation plan, and if the house is vacated and handed over and passes the acceptance inspection, the housing expropriation department shall provide rewards and subsidies.

(1) The reward standard is: residential houses will be rewarded 1,500 yuan per day in advance; non-residential houses will be rewarded according to the standard of 20 yuan per square meter of the recognized legal construction area. The contract period for individually owned houses is generally 20 days, and the contract period for state-owned houses and collectively owned houses is generally 10 days.

(2) The subsidy standards are: residential houses will be subsidized at the standard of 100 yuan per square meter of the recognized legal building area, and if the total subsidy is less than 10,000 yuan, the subsidy will be paid at 10,000 yuan; non-residential houses will be subsidized at the standard of 10 yuan per square meter of the recognized legal building area.

Article 29 If a residential house is expropriated and the person being expropriated chooses monetary compensation or exchange of existing property rights, a one-time temporary resettlement compensation fee of 10 yuan per square meter of the recognized legal construction area will be given. If the total temporary resettlement compensation fee is less than 1,000 yuan, it will be paid at 1,000 yuan. If the expropriated person chooses to exchange the property rights of the house (excluding the exchange of the current property rights), according to the transition period stipulated in the compensation agreement, a temporary resettlement compensation fee of 10 yuan per square meter per month will be given based on the area of ​​the recognized legal building area used for the house property rights exchange; the remaining area recognized as a legal building will be given a one-time temporary resettlement compensation fee of 10 yuan per square meter.

The transition period for multi-story residential buildings used for property rights exchange shall not exceed 24 months, and the transition period for high-rise residential buildings shall not exceed 36 months.

Article 30 If the expropriation of non-residential houses causes losses due to production and business suspension to the expropriated person, the person to be expropriated shall choose monetary compensation. Business buildings shall be based on the actual legal building area of 110 yuan per square meter, and production and office buildings shall be based on the actual legal building area of 80 yuan per square meter. A one-time compensation for the loss of production and business shall be given. If the expropriated person chooses to exchange the property rights of the house (excluding the exchange of the current property rights), according to the transition period stipulated in the compensation agreement, based on the area of ​​the legal construction area of ​​the expropriated house used for the exchange of house property rights, a monthly standard of 20 yuan per square meter for loss of production and business suspension will be given; for the remaining area recognized as a legal building, a one-time compensation for loss of production and business suspension will be given at a standard of 10 yuan per square meter.

Article 31 If the expropriated residential house is actually used for business, a business license and legal tax payment records have been obtained, and the business location and time recorded in the business license and legal tax payment records are consistent with the house ownership certificate, the house expropriation department shall increase the actual business subsidy based on the operating years and the building area of ​​the house actually used for business, based on the assessed price of the residential house.

(1) The subsidy standards are: for houses facing main streets and roads (including commercial streets and markets), a de facto operating subsidy of 12% will be added to the assessed price of residential houses every year (calculated on a monthly basis if the operation time is less than one year); for houses not facing the street, a de facto operating subsidy of 6% will be added to the assessed price of residential houses every year. The total of the actual business subsidies and the assessed price of residential housing shall not exceed 85% of the market assessed price of non-residential housing in the same location.

(2) The standard for determining the actual business area is: the construction area of the house actually used for business shall be based on the area of the expropriated house that is actually used for business. In principle, the actual business area of ​​a house facing main streets or roads (including commercial streets and markets) shall not exceed 60% of the legal building area of ​​the main building of the same building; the actual business area of ​​a house not facing the street shall not exceed 50% of the recognized legal building area of ​​the house.

Article 32 The expropriation of houses with mortgage rights shall be carried out in accordance with the national laws and regulations related to guarantees.

Article 33 If the expropriated house is determined to be an illegal construction, but the expropriated person can sign a compensation agreement with the house expropriation department within the contract period specified in the expropriation compensation plan, and if the house is vacated and handed over and passed the acceptance inspection, he or she will be rewarded for cooperating with the relocation. The reward methods and standards are:

(1) Residents’ self-built residential houses will be rewarded with labor and material fees at the standard of 360 yuan per square meter for brick-concrete buildings, 310 yuan per square meter for brick-concrete bungalows, and 270 yuan per square meter for brick-timber structures, but will not be resettled; house attachments will be rewarded according to the standard of up to 260 yuan per square meter of illegal construction area.

(2) State-owned and collectively-owned houses will be rewarded based on their replacement value and will not be resettled; house attachments will be rewarded based on the illegal construction area of up to 60 yuan per square meter.

Article 34 The house expropriation department shall enter into a compensation agreement with the expropriated person in accordance with the law, and agree on the compensation method, compensation amount and payment period, the location and area of the house used for property rights exchange, relocation fees, temporary resettlement fees, turnover housing, compensation for losses caused by suspension of production and business, relocation period, transition method and transition period, etc.

If the expropriated person chooses to exchange the property rights of the house, and the transition period is extended due to the responsibility of the house expropriation department, from the date of expiration, the temporary resettlement compensation fee or the compensation fee for suspension of production and business losses shall be doubled in accordance with the standards of Article 30 and Article 31 of these Opinions.

Article 35 If the house expropriation department and the expropriated person cannot reach a compensation agreement within the contract period specified in the expropriation compensation plan, or the person to be expropriated is not clear, the house expropriation department shall report it to the municipal government for review, make a compensation decision in accordance with the law according to the expropriation compensation plan, and make an announcement within the scope of the house expropriation.

The person being expropriated does not clearly include the following situations:

(1) The property rights are unclear;

(2) The whereabouts of the property owner are unknown;

(3) The property owner dies and there is no heir to inherit, or the heir is unclear;

(4) Other situations stipulated by laws and regulations.

If the expropriated person is dissatisfied with the compensation decision, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Article 36 When implementing house expropriation, compensation should be paid first and then relocated.

After the municipal government provides compensation to the expropriated persons, the expropriated persons shall complete the relocation within the specified relocation period.

No unit or individual may use violence, threats, or violate regulations to interrupt water supply, heat supply, gas supply, power supply, road access, or other illegal means to force the expropriated persons to relocate.

Construction units are prohibited from participating in relocation activities.

Article 37 If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not relocate within the time limit specified in the compensation decision, the municipal government shall urge the party concerned to perform the relocation obligation. If the party concerned has not fulfilled the relocation obligation 10 days after the reminder is served, the expropriated person may apply for compulsory execution in accordance with the law to the people's court with jurisdiction over the location of the expropriated house within 3 months from the expiration of the statutory prosecution period.

Article 38 The house expropriation department shall establish house expropriation compensation files in accordance with the law, and announce the household compensation information to the expropriated persons within the scope of house expropriation.

Article 39 After the expropriated persons are relocated, the house expropriation department shall provide the house expropriation decision and the list of expropriated houses to the housing and land registration agencies.

House and land registration agencies shall handle the cancellation registration of house ownership and state-owned land use rights in accordance with the law.

Article 40 If the expropriated person chooses to exchange the property rights of the house in the reconstruction area, he shall choose the house for resettlement according to the type and area of the proposed house in the resettlement area determined by the municipal government. The order of house selection is determined by adding the relocation acceptance number obtained by the expropriated person and the settlement number of the compensation agreement, divided by 2. If the order is the same, the relocation acceptance number shall prevail, and according to the selected house type, the house will be selected by zoning and unit three-dimensional cutting.

If the expropriated person chooses monetary resettlement (exchange of existing property rights), the order of house selection should be determined according to the principle of who signs the agreement first and who chooses the house first.

Article 41 The house expropriation department shall proactively connect with units affiliated with communications, electricity, radio and television, defense optical cable, oil, water supply, gas, heat and other pipelines before house expropriation. All relevant units must actively support and actively participate in the house expropriation work along the lines in accordance with the principle of who is in charge and who is responsible.