Traditional Culture Encyclopedia - Traditional culture - What is a world-class house? What's the difference between compensation for demolition and ordinary houses?
What is a world-class house? What's the difference between compensation for demolition and ordinary houses?
2. The compensation for the demolition of world-class houses is basically the same as that for ordinary houses, and the compensation for the demolition shall be subject to the relevant local demolition policies.
Extended data:
Chapter III Compensation
Seventeenth people's governments at the city and county level that have made the decision on house expropriation shall pay compensation to the expropriated person, including:
(1) Compensation for the value of the expropriated house;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(3) Compensation for losses caused by expropriation of houses.
The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.
Eighteenth expropriation of individual housing, the expropriated person meets the housing security conditions, the municipal and county people's governments shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Nineteenth the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision. The value of the house to be expropriated shall be assessed 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 value of the expropriated house determined by the assessment, it may apply to the real estate price assessment agency for review and assessment. If there is any objection to the review results, you may apply to the real estate price evaluation expert Committee for appraisal.
Measures for the assessment of housing expropriation shall be formulated by the competent department of housing and urban construction in the State Council, and opinions shall be solicited from the public during the formulation process.
Twentieth real estate price assessment agencies are selected by the expropriated person through consultation; If negotiation fails, it shall be determined by majority decision and random selection, and the specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and no unit or individual may interfere.
Twenty-first expropriated people can choose monetary compensation, but also choose the exchange of housing property rights.
If the expropriated person chooses to exchange property rights, the people's government at the city or county level shall provide houses with property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the houses with property rights exchange with the expropriated person.
Because of the expropriation of individual houses in the old city, if the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, the people's government at the city or county level that made the decision on house expropriation shall provide the houses in the reconstruction area or nearby areas.
Twenty-second relocation caused by the expropriation of houses, the house expropriation department shall pay the relocation fee to the expropriated person; If the house property right exchange is selected, before the house property right exchange is delivered, the house expropriation department shall pay the temporary resettlement fee to the expropriated person or provide the revolving house.
Twenty-third compensation for losses caused by the expropriation of houses shall be determined according to the benefits before the expropriation of houses and the period of suspension of production and business. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Twenty-fourth city and county people's governments and their relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with violations of urban and rural planning.
Before the people's government at the city or county level makes a decision on house expropriation, it shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. Compensation should be given to temporary buildings that have been recognized as legal buildings and have not exceeded the approved period; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.
Article 25 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Regulations, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house used for property right exchange, relocation expenses, temporary resettlement expenses or turnover of the house, loss of production or business suspension, relocation period, transition mode and transition period.
After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
Article 26 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of this Ordinance, and make an announcement within the scope of house expropriation.
The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 25 of these Regulations.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Twenty-seventh the implementation of housing expropriation should be compensated first, and then moved.
After the people's government at the city or county level that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision.
No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.
Article 28 If the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the people's government at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.
The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house.
Twenty-ninth house expropriation departments shall establish compensation files for house expropriation according to law, and announce the household compensation to the expropriated person within the scope of house expropriation.
Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.
References:
China Central Government-Regulations on Expropriation and Compensation of Houses on State-owned Land
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