Legal analysis
The principle stipulated in this article is not only to compensate the owner of the house, but also to give consideration to the interests of the users of the house. Because the lessor is not the owner of the house, he can only get compensation for the loss of production and business suspension, decoration expenses and relocation expenses. If the lease contract stipulates the distribution of compensation for demolition during demolition, such agreement shall prevail. The compensation for the removal of facade houses is basically the same as that for houses, except that the removal of shops increases the compensation for operating losses. Calculation of compensation for business losses. Demolition of non-residential houses, under the condition of property rights exchange, the loss of production and business suspension is calculated on a monthly basis at 4.5%v of the monetary compensation unit price of the demolition of non-residential houses. Non-residential houses are divided into business houses and non-business houses. Business premises refer to places where customers receive services and directly use them for business activities, including financial, entertainment, catering, service and other places. Non-business premises refer to other types of premises except business premises, including factories, battlefields, warehouses, offices, schools, hospitals, welfare homes and public facilities. Demolition of non-residential housing caused by the closure, belonging to the business premises, the demolition should be taken to give no more than 8% compensation; For non-operating houses, compensation shall not exceed 5% of the monetary compensation amount.
legal ground
Article 6 of People's Republic of China (PRC) Urban Real Estate Management Law * * * In order to meet the needs of public interests, the state may expropriate the houses of units and individuals on state-owned land, and give compensation for demolition according to law to safeguard the legitimate rights and interests of the expropriated person; Expropriation of individual houses should also guarantee the living conditions of the expropriated person. Specific measures shall be formulated by the State Council.