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Breaking the news! House demolition compensation standards
Home page >> Business areas >> Illegal construction
Article author：Yingting Lawyers Group | Update time：2022-11-10 | Reading times：445
Rural house demolition compensationDetermined according to the following standards:
(1) The first-grade brick-concrete structure houses are 400 yuan per square meter, the second-grade houses are 380 yuan per square meter, and the third-grade houses are 360 yuan per square meter;
(2) 260 yuan per square meter for first-grade houses with brick-timber structure and 240 yuan per square meter for second-grade houses;
(3) 200 yuan per square meter for first-grade houses with brick and civil structure structures and 180 yuan per square meter for second-grade houses;
(4) 50 yuan per square meter for first-grade houses with simple structures and 30 yuan per square meter for second-grade houses.
The depreciation rate of each structural house is deducted according to the following standards
(1) The depreciation rate of the house within 5 years (including 5 years) is 0%;
(2) The depreciation rate for houses over 5 years (exclusive) to 10 years (inclusive) is 5%;
(3) The depreciation rate for houses over 10 years (excluding 10 years) is 10%.
Demolition compensation calculation formula
House demolition and resettlement fees mainly include relocation subsidies for house users (the demolished or house lessees), temporary resettlement subsidies when no turnover housing is provided, temporary resettlement subsidies beyond the transition period, and compensation for losses caused by the suspension of production and business of non-residential houses. As for these expenses, the payment standards for temporary resettlement subsidies and relocation subsidies are stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. This mainly reflects the different economic development conditions of various regions and the differences in local living standards, and cannot be uniformly stipulated. Compensation for losses caused by suspension of production or business of non-residential houses is mainly based on the principle of equivalent compensation in civil law, and compensation is provided for direct losses caused by suspension of production or business, excluding indirect losses. Therefore, the calculation standard for house demolition and resettlement fees is: (the demolished person or lessee) house demolition and resettlement fees = relocation subsidy + resettlement subsidy if no turnover housing is provided + temporary resettlement subsidy beyond the transition period + compensation for losses caused by the suspension of production or business of non-residential houses.
House demolition compensationcalculation standard
① Monetary compensation for house demolition = appraised price of legally owned property + agreed compensation amount for house decoration (or compensation amount for house decoration and decoration determined by evaluation)
② Compensation difference for house demolition = appraised price of legally owned property + agreed compensation amount for house decoration and decoration (or compensation amount for house decoration and decoration determined by evaluation) - appraised price of the house for which the demolished person obtains the property rights exchanged.
Urban house demolitionCompensation for renovation evaluation
State Council Order No. 305 regarding decoration assessment and compensation provisions: The legislative interpretation of Article 24 of the "Urban House Demolition Management Regulations" (State Council Order No. 305) clarifies:
1. The original legislative intention of the regulations is not to consider decoration during assessment;
2. The amount of monetary compensation is determined based on the location, use, construction area and other factors of the demolished house, and based on the real estate market assessment price;
3. If compensation for decoration is required, it should be determined through negotiation between the demolisher and the person being demolished when signing the agreement.
Homestead demolition compensationWhat to do if it’s too low
If the demolisher and the person being demolished or the demolisher, the person being demolished and the lessee fail to reach an agreement on compensation and resettlement for demolition, the decision shall be made by the housing demolition management department upon application by the parties concerned. The house demolition management department belongs to the people being demolished and shall be adjudicated by the people's government at the same level. The ruling shall be made within 30 days from the date of receipt of the application.
If the party concerned is dissatisfied with the award, he may file a lawsuit with the People's Court within 3 months from the date of delivery of the award. If the demolisher has provided monetary compensation to the demolished persons or provided houses for demolition resettlement or turnover in accordance with the provisions of these Regulations, the execution of the demolition will not be suspended during the litigation period.
Compensation for demolition of public housingThe question of who should belong to
After the public housing tenant is determined, the issue of ownership and inheritance of demolition compensation can be easily solved. But one thing must be made clear first: public housing is property (or collective property, this article only refers to public housing as property) and cannot be inherited as private property. Public housing tenants only have the right to live in the public housing they rent and have limited rights to dispose of it.
Moreover, the rights of a public housing tenant to the public housing rented cannot be transferred to his or her heirs through inheritance, but can only be transferred to qualified heirs or other family members living together through modification. Public housing tenants are also not allowed to make physical dispositions of the rented public housing through a will. If a public housing tenant makes physical disposition of the rented public housing in the form of a will, the disposition is without authority and will have no legal effect until the competent public housing management unit approves it.
This is what lawyers compiled aboutDemolition compensationSome standards, I hope they can be of some use. If you want to know more about the legal knowledge about demolition, please follow our WeChat official account.
Yingting Law Firm
(1) The first-grade brick-concrete structure houses are 400 yuan per square meter, the second-grade houses are 380 yuan per square meter, and the third-grade houses are 360 yuan per square meter;
(2) 260 yuan per square meter for first-grade houses with brick-timber structure and 240 yuan per square meter for second-grade houses;
(3) 200 yuan per square meter for first-grade houses with brick and civil structure structures and 180 yuan per square meter for second-grade houses;
(4) 50 yuan per square meter for first-grade houses with simple structures and 30 yuan per square meter for second-grade houses.
The depreciation rate of each structural house is deducted according to the following standards
(1) The depreciation rate of the house within 5 years (including 5 years) is 0%;
(2) The depreciation rate for houses over 5 years (exclusive) to 10 years (inclusive) is 5%;
(3) The depreciation rate for houses over 10 years (excluding 10 years) is 10%.
Demolition compensation calculation formula
House demolition and resettlement fees mainly include relocation subsidies for house users (the demolished or house lessees), temporary resettlement subsidies when no turnover housing is provided, temporary resettlement subsidies beyond the transition period, and compensation for losses caused by the suspension of production and business of non-residential houses. As for these expenses, the payment standards for temporary resettlement subsidies and relocation subsidies are stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. This mainly reflects the different economic development conditions of various regions and the differences in local living standards, and cannot be uniformly stipulated. Compensation for losses caused by suspension of production or business of non-residential houses is mainly based on the principle of equivalent compensation in civil law, and compensation is provided for direct losses caused by suspension of production or business, excluding indirect losses. Therefore, the calculation standard for house demolition and resettlement fees is: (the demolished person or lessee) house demolition and resettlement fees = relocation subsidy + resettlement subsidy if no turnover housing is provided + temporary resettlement subsidy beyond the transition period + compensation for losses caused by the suspension of production or business of non-residential houses.
House demolition compensationcalculation standard
① Monetary compensation for house demolition = appraised price of legally owned property + agreed compensation amount for house decoration (or compensation amount for house decoration and decoration determined by evaluation)
② Compensation difference for house demolition = appraised price of legally owned property + agreed compensation amount for house decoration and decoration (or compensation amount for house decoration and decoration determined by evaluation) - appraised price of the house for which the demolished person obtains the property rights exchanged.
Urban house demolitionCompensation for renovation evaluation
State Council Order No. 305 regarding decoration assessment and compensation provisions: The legislative interpretation of Article 24 of the "Urban House Demolition Management Regulations" (State Council Order No. 305) clarifies:
1. The original legislative intention of the regulations is not to consider decoration during assessment;
2. The amount of monetary compensation is determined based on the location, use, construction area and other factors of the demolished house, and based on the real estate market assessment price;
3. If compensation for decoration is required, it should be determined through negotiation between the demolisher and the person being demolished when signing the agreement.
Homestead demolition compensationWhat to do if it’s too low
If the demolisher and the person being demolished or the demolisher, the person being demolished and the lessee fail to reach an agreement on compensation and resettlement for demolition, the decision shall be made by the housing demolition management department upon application by the parties concerned. The house demolition management department belongs to the people being demolished and shall be adjudicated by the people's government at the same level. The ruling shall be made within 30 days from the date of receipt of the application.
If the party concerned is dissatisfied with the award, he may file a lawsuit with the People's Court within 3 months from the date of delivery of the award. If the demolisher has provided monetary compensation to the demolished persons or provided houses for demolition resettlement or turnover in accordance with the provisions of these Regulations, the execution of the demolition will not be suspended during the litigation period.
Compensation for demolition of public housingThe question of who should belong to
After the public housing tenant is determined, the issue of ownership and inheritance of demolition compensation can be easily solved. But one thing must be made clear first: public housing is property (or collective property, this article only refers to public housing as property) and cannot be inherited as private property. Public housing tenants only have the right to live in the public housing they rent and have limited rights to dispose of it.
Moreover, the rights of a public housing tenant to the public housing rented cannot be transferred to his or her heirs through inheritance, but can only be transferred to qualified heirs or other family members living together through modification. Public housing tenants are also not allowed to make physical dispositions of the rented public housing through a will. If a public housing tenant makes physical disposition of the rented public housing in the form of a will, the disposition is without authority and will have no legal effect until the competent public housing management unit approves it.
This is what lawyers compiled aboutDemolition compensationSome standards, I hope they can be of some use. If you want to know more about the legal knowledge about demolition, please follow our WeChat official account.
Yingting Law Firm
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