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What are the compensations for store demolition?
Home page >> Business areas >> environmental shutdown
Article author：Yingting Lawyers Group | Update time：2022-11-10 | Reading times：950
The following are the relevant regulations on store demolition compensation compiled by lawyers from Yingting Lawyers Group:
Article 26 The demolisher shall provide compensation to the demolished persons in accordance with the provisions of these Measures. No compensation will be given for the demolition of illegal buildings and temporary buildings that have exceeded the approved period; for the demolition of temporary buildings that have not exceeded the approved period, compensation will be given based on the construction cost shared by the remaining use period.
Article 27 The ownership of houses within the scope of demolition shall be determined by the house ownership certificate; if the demolished person cannot provide the house ownership certificate, it shall be reviewed and confirmed by the real estate management department.
Article 28 Compensation for demolition can be either monetary compensation or property rights exchange, and the demolished persons have the right to choose the compensation method.
Article 29 In principle, monetary compensation will be provided for houses demolished by municipal construction projects and government land reserve projects. If the demolished person requests property rights exchange, the demolisher will provide housing in another place for the demolished person to choose. The municipal construction projects in the preceding paragraph refer to construction projects such as roads, bridges, river regulation, flood control, drainage, sewage, sanitation facilities, public green spaces, squares, road lighting, and greening approved by the municipal and county (city) people's governments.
Article 30 The amount of monetary compensation shall be evaluated and determined based on factors such as the location, use, construction area, and degree of newness of the demolished houses.
Article 31 When the property rights of a house are exchanged, the demolisher and the person being demolished shall calculate the compensation amount of the house to be demolished and the price of the house to be exchanged, and settle the price difference of the property rights exchange in accordance with the provisions of Article 30 of these Measures. The property rights of the demolished attachments of non-public welfare houses will not be exchanged, and the demolishers will provide monetary compensation. For houses that are subject to property rights exchange or that are purchased with monetary compensation by the demolished persons, the part that is equivalent to the demolished house will be exempted from the house deed tax by the demolished persons.
Article 33 When a leased house is demolished and the lease relationship is terminated between the person being demolished and the lessee of the house, or the person being demolished relocates the lessee, the demolisher shall compensate the person being demolished.
If the demolished person and the house lessee cannot reach an agreement on the termination of the lease relationship, the demolisher shall exchange the property rights of the house for the demolished person. The house whose property rights are exchanged shall be rented by the original lessee, and the demolished person shall enter into a new house lease contract with the original lessee.
Article 34 When demolishing a leased public residential house, the demolisher shall combine the replacement value of the demolished house into a new part to compensate the house owner, and the remaining part shall be compensated to the house lessee. The lease relationship between the demolished person and the house lessee will be automatically terminated after the demolition compensation. When demolishing and leasing state-owned directly managed non-residential houses, the demolisher shall combine 30% of the location compensation price of the demolished house and the replacement price into a new part to compensate the house owner, and the remaining part shall be compensated to the house lessee. The lease relationship between the demolished person and the house lessee will be automatically terminated after the demolition compensation. If the houses managed by the real estate management department are demolished and the property rights are exchanged, the exchanged houses will still be managed by the real estate management department; if monetary compensation is implemented, the monetary compensation amount will be deposited in the bank by the administrator's special account.
Warm reminder: Due to the different types and standards of compensation in different places and the complexity of land acquisition and demolition, the content of this article cannot be completely specific to your situation. To save you time, we recommend that you call our free lawyer service hotline 4000083855 or click the online consultation button on the website to communicate with our professional lawyers in a timely manner. We will answer your questions as soon as possible. You can also enter your phone number through the free telephone consultation on the right, and our lawyers will call you back for free to better help you solve the land acquisition and demolition problem. Beijing Yingting Law Firm’s free legal service platform for land acquisition and demolition
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