Current location - Recipe Complete Network - Catering franchise - Compensation standard for house demolition in Decheng District
Compensation standard for house demolition in Decheng District
Legal analysis: 1. Calculation standard of compensation for house demolition

(1) Monetary compensation for house demolition = appraisal price of legally owned real estate+agreed compensation amount for house decoration (or compensation amount for house decoration determined by appraisal).

(2) Housing demolition compensation price difference = legally owned real estate appraisal price+agreed housing decoration compensation amount or housing decoration compensation amount determined by appraisal)-the appraisal price of the house with property right exchange obtained by the demolished person.

2. Calculation standard of housing demolition and resettlement fees

Demolition or lessee) Housing demolition and resettlement fee = relocation subsidy+temporary resettlement subsidy that does not provide turnover housing+temporary resettlement subsidy that exceeds the transition period+loss compensation caused by non-residential housing suspension or closure.

Legal basis: Article 48 of the Land Administration Law of the People's Republic of China should give fair and reasonable compensation to ensure that the original living standard of landless farmers will not be reduced and their long-term livelihood will be guaranteed.

Land requisition shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops on time and in full according to law, and arrange social security fees for landless farmers.

The standards of land compensation and resettlement subsidies for requisitioning agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices in the region. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level and other factors, and be adjusted or re-published at least once every three years.

Compensation standards for expropriation of agricultural land, ground attachments and land other than young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. In accordance with the principle of compensation before relocation and improvement of living conditions, fair and reasonable compensation shall be given to rural villagers' houses, and the wishes of rural villagers shall be respected. Fair and reasonable compensation shall be given by rearranging housing sites, providing resettlement houses or monetary compensation, and compensation shall be paid for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and legitimate property rights and interests.

The local people's governments at or above the county level shall incorporate the land-expropriated farmers into the corresponding social security system such as providing for the aged. The social security expenses of landless peasants are mainly used for social insurance payment subsidies such as endowment insurance for eligible landless peasants. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the central government.