Legal information

Article introduction: Many demolished households have this question, "Is the current national demolition compensation policy "one for one demolition"? Why do some places give compensation ratios of 1:2 or 1:3, but we only give 1:1.3? This is so unfair." In some places, the demolition compensation ratio is astonishingly high, while some places are only willing to compensate at a 1:1 ratio, and even in some places the compensation ratio is as low as 1:0.8 or 1:0.7. Why is this?

1. Compensation for house expropriation and demolition should follow the principle of “fair and reasonable compensation”

The country does not have unified regulations on the proportion of compensation for demolition. The proportion of demolition is determined by each locality based on actual conditions, but all must strictly abide by the fair and reasonable compensation principle of the "Regulations on Expropriation and Compensation of Houses on State-owned Land". When houses are expropriated, it should be ensured that the original living standards of the expropriated people are not reduced and improved on this basis. This is the original intention of land acquisition and demolition. As for how to determine the proportion of compensation, it depends on whether the actual value of the expropriated house is reflected.

2. There are two main situations when the compensation ratio exceeds 1:1.

1. The price difference between expropriated houses and resettlement houses is huge.

(1) Ying Ting believes that when the property rights were exchanged, no relocation was carried out, and there was a large difference between the value of the expropriated house and the housing prices around the resettlement location. This determines that the ratio of house property rights exchange is often higher than 1:1.

(2) For example, the expropriated person's house is located in the first ring of the city center, and the surrounding housing prices are 30,000 yuan per square meter, while the demolition resettlement house is located outside the city, relatively remote, and the market price is 6,000 yuan. Then the property rights exchange cannot be compensated according to 1:1. It should be reasonable to exchange according to the ratio of 1:5, that is, 1 square meter is replaced by 5 square meters.

2. The land value is high and high compensation will be given.

For example, prime land parcels in a city center often provide a very high demolition compensation ratio, usually higher than 1:1, reaching 1:2 or even 1:3. In this case, it is usually the result of negotiations with the expropriating party.

3. In these cases, the compensation ratio may be lower than 1:1

1. Distinguished by floor height:The Yingting demolition team learned that houses with a simple structure with a floor height less than 2.2 meters will be compensated at a ratio of 1:0.5. The compensation for the upstairs attic is calculated according to the ratio of 1:0.8. This is a local regulation.

2. Distinguished by the number of floors:Some local regulations stipulate that if the expropriated house has more than three floors, the compensation ratio for the house starting from the fourth floor will be calculated as 1:0.7; if the house exceeds 6 floors, it will be calculated as 1:0.6; if the house exceeds 7 floors, no compensation will be given.

3. Distinguish according to aerial photos:Mainly targeting undocumented houses. If the aerial photos of the house are taken after 2017, there will be zero compensation. Aerial photos taken after 2014 will be compensated at 1:0.6. Aerial photos after 2010 will be compensated at 1:0.7.

4. Distinguished by illegal construction: After illegal construction is determined, compensation will often be lower than the 1:1 ratio. Some places will provide a certain percentage of compensation based on humanitarian principles, usually compensation for construction costs. There are also some places where no compensation will be given.

Yingting reminds you:

According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.