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Land expropriation lawyer: new regulations, standards and policies on compensation for rural house demolition

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Article author:Yingting Lawyers Group | Update time:2023-06-20 | Reading times:1264

With the acceleration of urbanization in our country, some rural areas around cities and towns are gradually facing the problem of "demolition". Although urbanization is a major event and can greatly improve the living conditions of local people, "compensation for demolition" is a big issue because it is not only related to the future housing of local farmers, but also to the future economic sources of farmers' families.

But many people in rural areas don’t know about the issue of “demolition compensation”. They don’t know whether demolition compensation is based on registered population or area. Now, let’s talk about this issue with you.
1. Compensation standards for rural demolition
Generally, compensation for house demolition in rural areas is based on the floor area, interior decoration, and garden attachments. Among them, the house compensation standard is: straw houses.

1,900 yuan per square meter for brick houses, 2,400 yuan per square meter for cast or prefabricated brick concrete structure houses, 2,800 yuan per square meter for buildings (more than two floors), 3,300 yuan per square meter, in addition to the hospital house and land compensation, and a relocation subsidy of 20,000 yuan per household. The specific situation shall be implemented according to local policies.
2. Look at the compensation methods for rural demolition

1. Monetary compensation is a one-time cash compensation to the land-expropriated person, which can be used by the land-expropriated person at his own discretion.
2. The house becomes a new one and the housing land is reallocated to the expropriated people. In addition, based on factors such as the depreciation rate of the expropriated houses, a certain amount of cash compensation is given to the expropriated objects for rebuilding their houses. This method is usually used as the preferred local method.

3. The houses rebuilt by the local government of the property rights exchange are provided to the expropriated land, which is equivalent to the resettlement housing in our city.
Beijing Yingtong Law Firm handles many cases in the field of complex administrative litigation and has a profound theoretical foundation and practical experience. Use solid legal knowledge and theoretical literacy to study a series of legal issues in administrative litigation, and have accumulated rich experience in handling cases in many aspects such as house demolition disputes, agricultural land expropriation and conversion disputes, illegal construction disputes, administrative agreements, administrative promises, land rights confirmation, land contract contracts, civil contracts, etc. We always practice the concepts of rigorous, realistic, civilized and just rule of law and strive to safeguard the legitimate rights and interests of our clients.
3. Separate compensation for homesteads and houses
Separate compensation means that the homestead and the houses built on the homestead are not mixed together during compensation, but are calculated separately because of different property rights. The property rights of rural homesteads belong to the village collective, and farmers only have the right to use them under the distribution of the village collective.

Therefore, this part of the compensation belongs to the village collective, not to the owner of the homestead use rights. However, the houses on the ground were built by the farmers themselves with their own money and effort, and the property rights belong to the villagers themselves, so the compensation should also belong to the individual villagers.
The house demolition compensation price consists of the homestead location compensation price and the replacement price of the demolished house.

The specific calculation formula is:
House demolition compensation price = homestead location compensation price and homestead area, and the demolished houses will be reset to the new price.
Rural demolition is a major event for farmers. How can we enjoy the benefits of demolition and minimize unnecessary losses?

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.


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