Enterprise demolition

In this era of demolishing before getting rich, how to get compensation when houses are demolished and how much compensation can be obtained are issues in the process of land acquisition and demolition. This leads to common conflicts between the determination of area and the selection of compensation standards during house demolition. So today, let’s talk about what standards should houses be compensated for?

Distinguish the "market price" standard of urban housing and compensate according to the replacement price. According to Article 19 of the "Regulations on the Expropriation and Compensation of Houses on State-owned Land", urban housing compensation shall not be lower than the market price of similar real estate on the day of the expropriation announcement, which is what we often call the market price. For house compensation on collective land, local governments usually adopt the "replacement cost price" compensation standard in accordance with the authorization of Article 48, paragraph 4, of the "Land Management Law".

The so-called "replacement cost price" refers to the price required to build a house of the same structure, standard and quality in the previous year. In reality, the land acquisition unit will entrust an appraisal company to evaluate the houses on the acquired land to determine the replacement cost of house compensation. When the land under the compensated house is classified into an urban planning area, compensation will be based on the "market price".

According to Article 12 of the "Regulations of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases Involving Rural Collective Land", in addition to the "replacement cost" standard, houses on collective land can also be compensated based on the "market price" standard of urban housing, but the following conditions must be met: First, no resettlement compensation was provided when the land was expropriated; second, the location of the house has been included in the urban planning area during compensation and resettlement; third, the land compensation fee that has been obtained needs to be returned.

The business areas of Yingting Lawyers Group 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.

Here I will also tell you how to judge whether the land under the house belongs to the urban planning area: first, make a query on the official website of the Urban and Rural Planning Bureau. The urban planning map is an active disclosure object stipulated in Article 19 of the "Government Information Disclosure Regulations"; second, if the administrative agency has not disclosed it or you have difficulty in querying it, you can apply to the local Urban and Rural Planning Bureau for information disclosure.

The Urban and Rural Planning Bureau is the producer of planning information and is a qualified respondent. After land acquisition and demolition, the houses no longer exist, so another question arises: Can we obtain another homestead and build new houses? According to Article 48 of the Land Management Law, rural villagers should be compensated before their houses are demolished. The wishes of rural villagers should be respected and fair and reasonable compensation should be given by rearranging homesteads, providing resettlement housing or monetary compensation.

In other words, the "Land Management Law" does not make mandatory provisions on whether homesteads can be resettled separately. The "Notice of the Ministry of Land and Resources on Further Improving Land Acquisition Management" further stipulates that relocation and resettlement will be the main focus in urban outskirts and rural areas, and homesteads will be rearranged for housing construction; in principle, housing sites will no longer be separately arranged for housebuilding in urban-rural fringe areas and urban villages, and monetary or in-kind compensation will be mainly used.

The houses or resettlement houses provided by the government are purchased by the demolished farmers themselves. In summary, it is necessary to combine the local resettlement compensation methods and resettlement compensation plans to determine whether the resettlement homestead can be obtained. Urban house demolition compensation standards are generally determined based on the value of the demolished houses, temporary relocation costs, losses from production and business suspension, etc.

Compensation for house demolition is usually made by the demolition party, and the corresponding compensation plan is determined and paid to the demolition party after being announced.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you still want to know the details of demolition compensation standards, demolition compensation standards, and the latest information on Beijing’s demolition compensation standards, you can consult our lawyers for one-on-one online consultation.