Legal information

House expropriation and demolition are related to the vital interests of the people and are issues of great concern to the current society. However, for the majority of expropriated people, the focus of the dispute is compensation, and the focus of compensation is the compensation for houses. Many expropriated people and demolishers are afraid that they will suffer losses during land acquisition and demolition, and they are asking land expropriation lawyers how much the subsidy for standing demolition is, and whether there is a specific amount.

What the land expropriation lawyer wants to say is that due to the different economic levels of different places, the compensation for land acquisition and demolition is also different. Taking Guangdong Province as an example, the demolition compensation in Guangzhou is definitely higher than that in Foshan. Therefore, the law does not have unified regulations on the amount of demolition compensation. However, some people who were demolished asked:
There are no regulations, the expropriating party can give as much compensation as they want? In fact, there is no need to worry about this problem.

The state has promulgated laws stipulating compensation standards. The demolition compensation provided by the expropriating party cannot be lower than the standard stipulated in the law. Faced with the compensation issues that are of concern to the majority of demolished people, land expropriation lawyers have interpreted it, hoping to be helpful to the majority of demolished people and demolished people.
Article 19 of 103010 stipulates:
“Compensation for the value of the expropriated houses shall not be lower than the market price of similar real estate of the expropriated houses on the date of announcement of the house expropriation decision.

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Two key points need to be noted here:
The first is the announcement date of the expropriation decision, and the second is the market price of similar real estate. This market price also needs to be further clarified. According to the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land", Kong Qingfeng v. Sishui County People's Government's house expropriation decision stated the "market price of real estate."

According to the spirit of the legislation, compensation for expropriated houses should refer to the price of newly built commercial houses in the nearest location, so that the living conditions and quality of life of the expropriated people will not be reduced after the house is expropriated. "In summary, reasonable estimation standards should be formulated based on houses in the same location, same area, and same use.
According to Article 48 of the "Top Ten Cases of Expropriation and Demolition Released by the People's Courts" issued by the Supreme People's Court:
“Fair and reasonable compensation should be provided for land expropriation to ensure that the original living standards of farmers whose land is expropriated are not reduced and their long-term livelihood is guaranteed.

For land acquisition, land compensation, resettlement subsidies, compensation for rural villagers' houses, other ground attachments and young crops must be paid in full and on time in accordance with the law, and social security fees must be arranged for the land-expropriated farmers.
In summary, although the law does not stipulate a unified amount of demolition compensation, the demolition compensation cannot be lower than the standards stipulated by the law.

If it is found that the demolition compensation made by the expropriating party is unfair and unreasonable, the expropriated people and the demolished people must dare to take up legal weapons to defend their rights and promptly ask professional lawyers to intervene. Only in this way can they obtain satisfactory demolition compensation.

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 our corporate legal advisor for one-on-one online consultation.