Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
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Article author:Yingting Lawyers Group | Update time:2023-06-08 | Reading times:344
The problem of demolition compensation is a cliché. Readers who have experienced demolition must know its complexity, but readers who have not experienced demolition or are about to face demolition are confused about demolition compensation and resettlement. Why do some people get a lot of compensation, while others only get a small amount of compensation?
First understand what compensation you need to apply for after demolition.
House value compensation House compensation refers to the compensation standard for the value of buildings on expropriated state-owned land. The market price of the expropriated houses is not lower than the market price on the date of announcement of the house expropriation decision, and an evaluation agency with evaluation qualifications is invited to evaluate the market price here. The prefecture-level municipal government departments will formulate a corresponding housing market price list based on the annual residential housing market price rules for the reference of local demolished residents.
If you have any objection to the value of the house determined by the appraisal, you can request a review of the appraisal. If you still have objections to the review result, you can apply to the appraisal expert committee for re-appraisal. 2. Relocation fees and temporary resettlement fees (commonly known as transition fees). Some cities generally calculate relocation fees and temporary resettlement fees based on different specific standards of local economic development levels. The compensation standards listed here are calculated based on the popular independent relocation and transition method for relocated people.
If the demolisher provides turnover housing or resettles at the demolition site first, there is no need to pay temporary resettlement fees. It is best to agree on the transition time. For compensation that cannot be moved later, you can also agree to increase the compensation based on the number of years. Because relocation can be as short as two or three years, the economic development and price levels at this time are no longer what they were at that time.
Compensation for losses due to production and business suspension
This fee is for non-residential commercial housing. Because it is a case-by-case basis, the compensation standard cannot be unified and is generally determined by both parties. If the negotiation fails, a real estate price assessment agency can be entrusted for evaluation. Fourth, subsidies and rewards. Subsidies include hardship subsidies and joint subsidies for needy people, which are determined according to the standards issued by the local government; shared subsidies: additional subsidies for the housing of all demolished people, and the shared subsidy standards are also issued.
Incentives refer to the additional compensation paid by demolishers to encourage timely demolition. The specific standards vary from place to place, but this fee is not mandatory. Whether to pay depends on local policies and the wishes of the demolishers.
Lawyer Ying Ting reminds: During the house demolition process, you will definitely receive house value compensation, house decoration compensation, household appliances compensation, relocation fees, and temporary resettlement fees.
Compensation for losses due to suspension of production and business operations is only given to the business premises, while subsidies and incentives are given to special groups of people and specific environments. If you have relevant questions, it is recommended to consult a professional lawyer in time and protect your legitimate rights and interests through legal means.
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 information about this, you can consult this siteThe legal team's business areas include government-enterprise disputes, administrative compensation, enterprise demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.