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What is the standard compensation for rural houses, and what is the general compensation for rural house expropriation (what is the general compensation standard for rural house expropriation)

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Article author:Yingting Lawyers Group | Update time:2023-06-09 | Reading times:549

How to compensate for the demolition of rural houses is a question that farmers are concerned about. How much compensation is reasonable and legal?
In fact, our country has not promulgated the Regulations on the Expropriation and Compensation of Houses on Collective Land, nor has the country stipulated the compensation methods for houses on collective land. It is not consistent across regions. Although there are no specific and detailed regulations, it does not mean that there is no general policy.
According to the Rural Land Law and relevant legal provisions of our country, rural homestead compensation is based on the comprehensive land price in the area, and houses are compensated based on ground attachments. Specific demolition compensation is divided into three types:
1. Monetary compensation, that is, clear one-time direct cash compensation;
2. Property housing exchange and resettlement housing placement;
3. If there are conditions for homestead resettlement, priority will be given to relocation and resettlement of the homestead, and the amount of farmhouse renovation will also be compensated.
Land resettlement subsidy: The standard of resettlement subsidy also has a legal basis. Based on the expropriated land, population proportion, number of household registrations, etc., these can be used as reference standards for resettlement subsidies. As can be seen from the above, the compensation for demolition has nothing to do with household registration. Generally speaking, the specific amount will be calculated based on the ground of the house. It depends on the degree of decoration of your house and how many floors it has.
Rural demolition compensation methods: There are generally three methods of house compensation:
One is our common compensation method, the other is direct compensation in the form of currency, which will compensate your demolished house in currency. There is also a resettlement house that many friends know now, called equivalent replacement, which is a consideration for everyone's future home.
The latter is the preferred homestead site that we know little about. Generally speaking, if the homestead is redistributed, it will be relocated and resettled, and then the house reconstruction costs will be compensated. The calculation method of the compensation amount: demolition compensation amount = homestead area * demolition compensation unit price; farmers’ fixed property (house) assessment and resettlement fees; subsidies for farmers’ other properties (attachments and other buildings)
Compensation for rural house demolition is determined in accordance with the following national standards: first-class brick and concrete houses are 400 yuan per square meter, second-class houses are 380 yuan per square meter, and third-class houses are 360 yuan per square meter; first-class brick houses are 260 yuan per square meter, and second-class brick houses are 240 yuan per square meter; first-class brick houses are 200 yuan per square meter, and second-class houses are 180 yuan per square meter; simple first-class houses are 50 yuan per square meter, and second-class houses are 30 yuan per square meter.
The depreciation rate of each structure of houses should be deducted according to the following standards: (1) The depreciation rate of houses within 5 years (including 5 years) is 0%; (2) The depreciation rate of houses from more than 5 years (exclusive of 5 years) to 10 years (inclusive of 10 years) is 5%; (3) The depreciation rate of houses of more than 10 years (exclusive of 10 years) is 10%.
However, some houses cannot be compensated. For example, compensation for demolition of a house that has been abandoned for a long time cannot be compensated, and the same can be said for a collapsed house. **The latter is illegal occupation of cultivated land, and compensation will not be given for illegal construction of cultivated land without application for approval. So everyone needs to know and know more so that there will be no shortage of talent.
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 about this, you can consult a lawyer on this site for one-on-one online consultation.The law firm is mainly engaged in administrative litigation of large and medium-sized enterprises, government-enterprise disputes and other difficult legal issues, including legal services involving investment projects, corporate relocation, land recovery, mineral resource suppression, maritime rights disputes, corporate restructuring and bankruptcy, etc. If you have any relevant questions, please call or leave a message, we will reply as soon as possible.


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