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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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Compensation standards for real estate demolition, national compensation standards for house demolition

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Article author:Yingting Lawyers Group | Update time:2023-06-19 | Reading times:832

When a house is expropriated and demolished, everyone is very concerned about this issue, because once the house is demolished, it means there is no place to live. If the house is expropriated and demolished, how to pay?
State Council Order No. 590 No. 3354 "Regulations on Expropriation and Compensation of Houses on State-Owned Land" clearly stipulates how to compensate for house demolition.

As expropriators and demolished persons, you must know the following regulations!
According to Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, the compensation given to the expropriated persons by the municipal and county-level people's governments that make the decision to expropriate houses includes:
(1) Compensation for the value of the expropriated house;
(2) Compensation for relocation and temporary resettlement caused by house expropriation;
(3) Compensation for losses caused by house expropriation.

The people's governments at the city and county levels shall formulate subsidy and reward measures and provide subsidies and rewards to the expropriated persons.
Article 18 stipulates: If the expropriated person meets the housing security conditions for personal house expropriation, the municipal or county-level people's government that makes the decision to expropriate the house shall give priority to housing security. Specific measures shall be formulated by the province, autonomous region, and municipality directly under the Central Government.

The professional fields of Beijing Yingting Law Firm include: legal services in protecting the rights of various types of houses and breeding farms and other building structures that are deemed to be illegally constructed (illegal construction), expropriation and demolition of companies, enterprises, factories, and breeding farms, expropriation and compensation of houses on state-owned land, rural land expropriation and housing resettlement compensation, administrative agreements, etc. The scope of agency covers Beijing, Shanghai, Tianjin, Yunnan, Guizhou, Sichuan, Chongqing, Xinjiang, Qinghai, Gansu, Jilin, Liaoning, Shandong, Hebei, Henan, Hubei, Hunan, Shaanxi, Anhui, Jiangsu, Zhejiang, Jiangxi, Guangdong, Fujian, Hainan and other regions.

Article 19 The compensation for the value of the expropriated house shall not be lower than the market price of similar real estate of the expropriated house on the date of announcement of the expropriation decision. The value of the expropriated house shall be evaluated and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method. If there is any objection to the assessed value of the expropriated house, you may apply to the real estate price assessment agency for a review of the assessment.

If you have any objection to the review results, you can apply to the Real Estate Price Assessment Expert Committee for appraisal. The housing expropriation and assessment method shall be formulated by the housing and urban-rural development department of the State Council. During the formulation process, opinions shall be publicly solicited from the public. Article 21 stipulates that the expropriated person may choose monetary compensation or house property rights exchange.

Article 22 stipulates that if a house is relocated due to expropriation, the house expropriation department shall pay relocation fees to the expropriated person;
If you choose to exchange the property rights of the house, before the property rights exchange house is delivered, the house expropriation department shall pay temporary resettlement fees to the expropriated person or provide a turnover house. Article 23 stipulates that the compensation for the loss of production and business suspension caused by the expropriation of the house shall be determined based on the benefits before the house expropriation, the period of production and business suspension and other factors.

Specific measures are formulated by provinces, autonomous regions, and municipalities directly under the Central Government. Article 27 stipulates that house expropriation must be compensated first and then relocated. These are the relevant legal provisions on how to compensate for house demolition. Many expropriated and demolished people believe that the compensation for house demolition is only the house itself. In fact, this is a wrong idea, so the compensation they receive will be much less.

Therefore, you must understand some laws and regulations and avoid eating during the demolition process. If you have any questions about demolition, you can consult a professional land acquisition and demolition lawyer for free.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.


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