Legal information

Demolition compensation: refers to the various compensations paid by the demolition and construction unit to the owners or users of the demolished houses in accordance with the prescribed standards.

Various compensations paid by the demolition and construction unit to the owners or users of the demolished houses in accordance with prescribed standards. Generally there are:

(1) House compensation fee, used to compensate for the losses of the demolished people, is divided based on the structure and depreciation level of the demolished house, and is calculated based on the unit price per square meter.

(2) Turnover compensation fee is used to compensate for the inconvenience of residents of the demolished houses who live in temporary housing or find temporary residences by themselves. They are divided according to temporary living conditions and are subsidized monthly according to the population of the residents of the demolished houses.

(3) Incentive compensation fees are used to encourage residents of demolished houses to actively assist in house demolition or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring the demolition unit to resettle housing. Various standards for house demolition compensation fees are determined by the local people's government based on the actual local conditions and relevant national laws and policies. The demolition and construction units must strictly implement them and may not change them arbitrarily.

(4) In addition to the house compensation they deserve, they can also receive: moving compensation, equipment relocation fees, and temporary resettlement subsidies during the transition period.

Legal basis:

According to Article 47 of the Land Management Law

If land is expropriated, compensation will be provided according to the original purpose of the expropriated land. Compensation fees for farmland acquisition include land compensation fees, resettlement subsidies and compensation fees for ground attachments and young crops. The land compensation fee for the expropriation of cultivated land shall be six to ten times the average annual output value of the three years before the expropriation of the cultivated land. The resettlement subsidy for cultivated land acquisition shall be calculated based on the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of expropriated cultivated land by the average amount of cultivated land per person of the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population that needs to be resettled is four to six times the average annual output value of the three years before the farmland is expropriated. However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed fifteen times the average annual output value of the three years preceding the expropriation. The standards for land compensation and resettlement subsidies for the acquisition of other land shall be stipulated by the provinces, autonomous regions, and municipalities with reference to the standards for land compensation and resettlement subsidies for the acquisition of cultivated land.