Xi' an demolition compensation standard, Xi' an demolition and old city reconstruction compensation regulations.

1change of compensation policy for demolition in Xi city

The policy of urban house demolition is constantly adjusted with the reform of China's economic and political system. 1953 The Measures for Requisition of Land for National Construction promulgated by the state gave birth to the embryonic form of laws and regulations on house demolition, which stipulated that fair and reasonable price compensation should be given to the demolished houses and their attachments. Because there were few housing transactions at that time, the compensation for housing demolition was mainly in kind. Under the guidance of the "Measures", housing demolition policies in various places have entered the exploratory stage. From 65438 to 0989, Shaanxi Province formulated the Measures for the Relocation and Resettlement of Urban Construction in xi City (hereinafter referred to as the old measures), which stipulated that both the official registered permanent residence and the long-term resident population should be given resettlement houses, and made it clear that the compensation methods were property right exchange, price compensation, and the combination of property right exchange and price compensation, which reflected the exploration and innovation of compensation methods from the original single physical "demolition" to per capita resettlement and monetary compensation. 199 1 year, the State Council promulgated the first national housing demolition law, the Regulations on the Management of Urban Housing Demolition (hereinafter referred to as the old Regulations), which made the demolition formally embark on the legal track. Shaanxi Province revised the old method twice in 1993 and 1998, and the main contents remained unchanged. In 200 1 year, the State Council promulgated the new Regulations on the Management of Urban House Demolition (hereinafter referred to as the new regulations), which abolished the stipulation that the household registration factor was used as the standard for determining the resettlement area, and the construction area and related factors were used as the resettlement standard, fully embodying the principle of compensation according to market value. The old "Regulations" stipulated that the amount of price compensation was merged into a new settlement according to the replacement price of the building area of the demolished house, and the new "Regulations" were adjusted as follows: the amount of monetary compensation was determined according to the location, use and building area of the demolished house, and the land value of the house was taken into account. In order to link up with the new regulations promulgated by the State Council, Shaanxi Province revised the old measures for the third time in 2003, namely the current Measures for the Administration of Urban House Demolition in xi.

It can be seen that the compensation for demolition has gone through three stages: physical placement compensation, combination of physical compensation and price compensation, physical compensation or monetary compensation; The object of compensation has gone through the process from "head" to "brick"; The compensation standard is changed from replacement price to market evaluation price; The compensation base is changed from the original used area 1989 to the building area. From the above development, it can be seen that the demolition policy is gradually adapted to the needs of China's reform, development and improvement of the political system through continuous exploration.

2. Other urban housing demolition policies for reference.

Under the new "Regulations" framework, all provinces and cities adhere to the "people-oriented" concept of sustainable development, implement the principles of openness, fairness and justice, formulate demolition policies suitable for local development, and effectively protect the legitimate rights and interests of the demolition parties. Taking Hangzhou as an example, on the basis of practice, Hangzhou has continuously innovated the demolition policy and developed China's urban housing demolition policy, which is worth learning from in many aspects.

2. 1 Take the market price of new house as the compensation benchmark price.

Under the guidance of the new "Regulations", Hangzhou stipulates that "the benchmark price of monetary compensation for demolished houses shall be determined by the competent department of house demolition in conjunction with the municipal price department according to the average unit price of similar lots and similar uses in the new housing market for half a year, reported to the Municipal People's Government for approval, and announced before the end of March and September each year". The demolisher buys the old house from the demolished person according to the market price of the new house, and then demolishes the house. For the demolished, house demolition not only has reasonable compensation, but also benefits from the demolition project, enjoys the fruits of reform and development, effectively reduces the contradiction of demolition and promotes the smooth implementation of demolition work. However, the corresponding demolition cost has also increased, which is not in line with the interests of the demolition people.

2.2 Synchronous relocation

Hangzhou implements the mode of "building first, then demolishing, and resettling existing houses", giving consideration to the interests of the relocated people, realizing zero transition period, effectively putting an end to the phenomenon that resettlement houses cannot be delivered on time, and accelerating the pace of urban construction. In 2008, the demolition and resettlement housing project in Hangzhou started at 3.8 million square meters and was completed at 2.2 million square meters, gradually achieving the goal of "waiting for others". In the investigation, the author found that many residents are unwilling to accept the demolition and resettlement because they are worried that the demolished people will escape the compensation and resettlement funds and cannot complete the resettlement housing construction on time, which will lead to the long-term transition of the demolished people. Synchronous resettlement not only eliminates the concerns of the demolished people, but also saves the transitional resettlement costs for the demolished people. This is a win-win model and should be widely promoted.

2.3 the establishment of demolition and resettlement information system

Hangzhou is the first information system for urban house demolition in China, which is a new management mode of demolition and resettlement based on information network, with openness, transparency, high efficiency and convenience as the main line, and the goal of "waiting for others" in demolition and resettlement. Not only has a demolition and resettlement information system integrating project information, demolition information and resettlement information been established, but it is also related to system information such as property right transaction, housing management, housing reform and public housing management, and has achieved many management goals such as data sharing, resource integration, comprehensive examination and approval and joint supervision. The information system of demolition and resettlement has completely changed the query mode, the data collection is incomplete, it is difficult to grasp the dynamic situation of demolition and resettlement, the demolition agreement is filed by the relocated households, and the property rights procedures of resettlement houses are complicated.

3 Xi's deficiency of the existing compensation policy for demolition

3. 1 monetary compensation

Xi 'an's location benchmark price standard is formulated by the government. Due to untimely adjustment and low monetary compensation standard, the evaluation price of demolition seriously deviates from the market value of real estate, and the contradictions in the process of demolition are increasingly prominent, which directly affects the process of urban transformation. Taking residential house demolition as an example, the current housing compensation price in Xi 'an can be simplified as: compensation price for residential house demolition = location benchmark price? Grid ×? Construction area+building accessories and replacement into new price+land transfer fee calculated according to the remaining land years for residential houses that have gone through land transfer procedures. The location benchmark price is the government-guided price, which was first promulgated by Xi municipal government in 2004, and the current standard is the adjusted price in 2006. The demolition area is divided into five categories, and the benchmark price of demolition is increased by 5% on the basis of the original standard, as shown in the following table.

According to the Xi second-hand housing price index published by the National Development and Reform Commission, the year-on-year price indexes in May 2005, May 2006, May 2007, May 2008 and May 2009 (the prices in the same month last year were 104.4, 103.8 and 65438+ respectively). According to the calculation, the price of second-hand houses in Xi 'an in 2006 increased by 8.37% compared with that in 2004, and the location benchmark price increased by 5%, which is close to the adjustment range, which is more reasonable. In 2009, the price of second-hand houses in Xi 'an increased 19.5 1% compared with 2006. In the environment of great changes in the real estate market, the benchmark price of demolition location has not been updated in time according to the market, and it still stays at the level of 2006, and the adjustment is lagging behind. The purchase price of real estate has risen, but the relocated households bear the loss of the price difference, which makes it impossible for the relocated households who choose monetary compensation to buy houses.

3.2 In terms of compensation for property rights exchange

(1) The transition period of demolition is long, and the mode of "demolition before construction" has caused a shortage of resettlement houses in Xi 'an, and the failure of the demolished people to be resettled in time has become the focus of letters and visits, which has affected the reputation and image of the government to some extent.

(2) The transition subsidy is low, which can not meet the rental demand of the demolished people during the transition period, which not only increases the living burden of the demolished people, but also violates the original intention of the old city reconstruction.

(3) Resettlement houses are far away from urban areas, and problems such as transportation, medical care, commerce, public facilities and children's education emerge one after another.

4 methods and suggestions to solve the problem

4. 1 Replace the government pricing with the evaluated location benchmark price.

The government should change the management mode, adapt to the development of market economy, and withdraw from the field of setting compensation standards for demolition. The evaluation company should evaluate the location benchmark price with the market as the guide, so that the monetary compensation can reach the standard of restoring the housing conditions and original living standards of the demolished people. The so-called lot refers to the geographical location of the house, mainly including the location in a city or region, the convenience of communication with other places, and the distance from important places (such as the city center, airports, ports, stations, government agencies, etc.). ), the surrounding environment, landscape and urban facilities. Judging from the composition of real estate prices, the location benchmark price refers to the comprehensive average price of the demolished houses at the appraisal time, taking into account the regional comprehensive factors, including the floor price. Location benchmark price reflects the * * * component of real estate price in the same supply and demand area. The location benchmark price is determined by the residual method, and its value is the remaining part after deducting the replacement price of the house from the assessed price of the real estate market.

Specific evaluation can refer to the following ideas: ① field investigation. On-site investigation of the demolition area to understand the actual and internal situation; ② Choose comparable examples. Investigate the surrounding markets of the demolition area and collect the recent transaction prices and related information of second-hand houses and new commercial houses in the same supply and demand circle nearby; ③ Calculate the location price of comparable examples. Comparable example location price = comparable example transaction price? Ge-? Housing replacement price; ④ Calculate the location benchmark price. Modify the location price of comparable examples from the aspects of transaction time, transaction situation, regional factors and individual factors.

4.2 Broaden resettlement channels and resettle nearby.

In view of the problem of long transition period and low transition compensation, we can learn from the policy of simultaneous resettlement of demolition in Hangzhou, build resettlement houses first, and properly resettle the relocated households before implementing demolition and reconstruction. Other ways can also be used: ① if relocation is implemented, the relocated people will be resettled by purchasing the built affordable housing; (2) In case of relocation and resettlement, the demolisher can provide transitional revolving houses for the demolished, and the government should store a certain number of revolving houses for the demolished to rent; (3) Give transitional subsidies to the demolished people according to the average rental price of second-hand houses in the market. In view of the remoteness of resettlement houses, as far as possible, we will increase resettlement houses close to the central city, resettle the relocated people nearby, make detailed planning for resettlement housing projects, improve the construction quality, and improve the supporting facilities around the resettlement community. These practices can effectively reduce the contradictions in the process of demolition.

;