1. Monetary compensation for house demolition and relocation = appraisal price of legally owned property + agreed amount of compensation for house decoration (or amount of compensation for house decoration determined by appraisal)
2. Difference in compensation for house demolition and relocation = appraisal price of legally owned property + agreed amount of compensation for house decoration or amount of compensation for house decoration determined by appraisal)
The appraisal price of the house to be relocated to obtain the transfer of property rights
2. Amount)
The appraisal price of the house in which the evicted person obtains the property right of transfer
2. Compensation standard of house demolition and relocation compensation fee
House demolition and relocation compensation fee (including the tenant)
The house demolition and relocation compensation fee (including the tenant)
The relocation subsidy fee+the temporary resettlement subsidy fee in case of no provision of swing room+the temporary resettlement subsidy fee in case of exceeding the transition period+the compensation fee for loss of nonresidential houses (such as commercial houses) due to the stoppage of production and business. (e.g., commercial premises) due to suspension of production or business.
Three, rural housing demolition compensation standards
1, the expropriated villagers do not have the conditions for easy housing, the demolished people can choose monetary compensation, but also can choose with the monetary compensation amount of the value of property rights of the housing exchange. Specific calculations can refer to the following formula: (the replacement unit price of the demolished house combined with the price of new + new multi-storey commercial housing in the same area per square meter of floor area of the right to use the land base price + price subsidies) × demolished house floor area;
2, the villagers of the expropriated land, with the conditions of the easy to build housing, the demolished people can be in the township (town) land use master plan determined by the center of the village or settlements Within the scope of the application for new housing in the residential base, and get the corresponding monetary compensation, the specific calculation can refer to the following formula: (the replacement unit price of the demolished house combined with the price subsidy of the new ten) x the floor area of the demolished house, and the demolished people to use the new residential base required for the cost.
The correct procedures for demolition and relocation mainly include:
1. Investigation and verification. After receiving the land requisition approval, the evictee must first go to the police station and the housing management station to transcribe the population and property within the requisitioned land, register them one by one according to the form, and go to the door to verify them.
2. Making a decision on expropriation. In order to safeguard national security, promote national economic and social development and other public **** interests, it is necessary to expropriation of housing, the people's government at the municipal and county levels to make a decision on the expropriation of housing.
3, issued by the expropriation notice. Once the decision of expropriation, the competent authority of the demolition and relocation of the demolition and relocation of people, demolition and relocation of the scope of demolition and relocation of the demolition and relocation of the period of time in the form of public announcements or other forms of publication, and at the same time, should make a good publicity, explanation of the demolition of housing.
4, demolition and relocation assessment. The appraisal organization selected by the demolished person to measure and appraise the houses within the scope of demolition and relocation, and make an appraisal report.
5. Signing of agreement. Within the time limit specified in the announcement, the demolisher and the person to be demolished shall sign an agreement on a voluntary and compensatory basis in accordance with the relevant provisions of the state and the region on resettlement and compensation. The agreement shall specify the method and amount of compensation, the area and location of resettlement, the method and time limit for relocation and transition, and the responsibility for breach of contract.
6, the implementation of demolition. After the relocation of the demolished person, the demolisher shall promptly demolish the vacated houses one by one within the approved scope and period of demolition.
Legal basis:
The People's Republic of China*** and State Land Management Law
Article 47 of the expropriation of land, compensation will be given in accordance with the original use of the land to be expropriated.
The compensation fee for the expropriation of arable land includes the land compensation fee, the resettlement subsidy fee, and the compensation fee for ground attachments and seedlings. The land compensation fee for the expropriation of arable land shall be six to ten times the average annual production value of the arable land in the three years before it is expropriated. The resettlement subsidy for the expropriation of arable land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated in accordance with the number of arable land to be expropriated divided by the average number of arable land occupied by each person in the unit to be expropriated before the expropriation. The standard resettlement subsidy for each agricultural population to be resettled shall be four to six times the average annual production value of the arable land in the three years prior to the expropriation. However, the maximum resettlement subsidy per hectare of expropriated arable land shall not exceed fifteen times the average annual production value of the three years preceding the expropriation.
The standards of land compensation fees and resettlement subsidies for the expropriation of other land shall be stipulated by the provinces, autonomous regions and municipalities directly under the central government with reference to the standards of land compensation fees and resettlement subsidies for the expropriation of arable land.
The standards of compensation for attachments and seedlings on the expropriated land shall be prescribed by the province, autonomous region or municipality directly under the central government. Expropriation of vegetable land in the outskirts of the city, the land unit shall pay the new vegetable land development and construction fund in accordance with the relevant provisions of the state.
Payment of land compensation and resettlement subsidies in accordance with the provisions of the second paragraph of this Article can not enable the farmers who need to be resettled to maintain their original standard of living, approved by the people's government of the province, autonomous region or municipality directly under the Central Government, the resettlement subsidy can be increased. However, the sum of the land compensation fee and the resettlement subsidy shall not exceed thirty times the average annual production value of the land in the three years before it was expropriated.
The State Council, in accordance with the level of social and economic development, may, under special circumstances, raise the standard of land compensation and resettlement subsidy for the expropriation of arable land.