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Compensation standards for house demolition and decoration, compensation for house demolition and decoration (how to calculate house demolition and decoration)

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Article author:Yingting Lawyers Group | Update time:2023-06-07 | Reading times:261

In the process of house expropriation and evaluation, first of all, the house value evaluation must consider the newness of the house; secondly, the compensation for the interior decoration value of the expropriated house should be determined through negotiation between the two parties. If the negotiation fails, it can be determined through evaluation by the evaluation agency. Therefore, the house decoration payment should be included in the demolition compensation. So how much better will the renovated house be demolished? .

1. Are there any compensation requirements for decoration costs? When compensating for house demolition, it is first necessary to establish the reflection of the decoration use value of the house itself. If the house is demolished, compensation can be based on the specific use value of the house decoration. According to the requirements of the "Regulations on the Expropriation and Compensation of Houses on State-owned Land": Article 17 The municipal and county-level people's governments that make the decision to expropriate houses shall provide compensation to the expropriated persons, including:

(1) Compensation for the use value of expropriated houses; (2) Demolition compensation and temporary resettlement due to house expropriation; (3) Damage compensation caused by suspension of work and business due to house expropriation. The people's governments at the city and county levels should formulate subsidies and reward measures to provide subsidies and rewards to the expropriated persons.

Article 19 The compensation for the use value of the expropriated house shall not be lower than the real estate industry price similar to that of the expropriated house when the expropriation decision was announced. The use value of the expropriated house shall be clearly evaluated in accordance with the house expropriation evaluation method by a real estate price asset appraisal agency with a relative qualification certificate. If there is any doubt about the expropriation use value of the appraised house, you may apply to the real estate price asset appraisal agency for verification of the assessment.

If you have any questions about the verification results, you can apply to the Federation of Real Estate Price Appraisal Experts for appraisal. The methods for house expropriation and appraisal are formulated by the housing and urban-rural construction planning department of the State Council. During the formulation process, they should be announced to the public for opinions. According to the law, it is clear that decoration costs are a reflection of the use value of the house and should be compensated.

So the decoration cost can be compensated. How to identify this kind of decoration? 1. Stage The price of decoration raw materials fluctuates rapidly in the market. At that time, the demolished people should pay attention to the price of purchasing raw materials for decoration and the price of decoration materials for demolished homes, especially when it comes to the storage of documents and payment records. Perhaps, if the decoration is not long ago, the demolished people should refer to the prices at that time.

If the time is longer, the depreciation cost should be compared according to the specific situation. 2. Cost composition The decoration cost is usually composed of design fees, material fees, labor wages, etc. Those with bills are calculated based on the ticket stubs, and those without bills are determined based on the specific circumstances of the decoration. 3. Depreciation expenses After the renovation, until application, the great use value will gradually decrease within 5 to 8 years.

That is to say, in addition to fully considering the specific application conditions, the losses caused in the past two years must also be calculated, and finally the depreciation expenses will be reduced or reduced according to the specific depreciation conditions. 4. Immovable equipment There will be individual furniture and electrical appliances in the home that were fixed during the decoration and cannot be moved and modified in the future, so these must be settled according to the depreciation fee and also recorded in the decoration fee;

Finally, it needs to be emphasized that the cost of house decoration is part of the use value of the house. For the demolished person, if he does not receive compensation for the decoration part, he can refuse to sign. If the negotiation fails, he can protect his rights with a demolition lawyer with technical expertise, and can apply for information disclosure or file an administrative lawsuit against the expropriating party. As long as the legal demolition rights can be compensated by the demolition of your house.

The laws, administrative regulations, judicial interpretations and other legal provisions involved in resolving land acquisition disputes are complex and require high levels of legal expertise.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.


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