I. Housing replacement
Housing replacement is a kind of demolition compensation different from monetary compensation. Simply put, it is to exchange rooms and find the differences between them. Its core legal basis mainly includes: Article 42 of the Property Law stipulates: "Units and individuals whose houses and real estate are expropriated shall be compensated for demolition according to law to safeguard the legitimate rights and interests of the expropriated person; The expropriation of individual houses should also guarantee the living conditions of the expropriated person "; 200 1 Article 23 of Chapter III of the Regulations on the Management of Urban House Demolition stipulates that "the compensation for demolition can be monetary compensation or the exchange of house property rights, and the demolished person can choose the compensation method for demolition", and Article 27 stipulates that "if the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person will exchange the house property rights". It can be seen that the housing replacement system contains dual value objectives: on the one hand, through the exchange of housing ownership, the value compensation for the property rights of the demolished houses is realized; On the other hand, while ensuring the economic value of the house, it also fully guarantees the right of residence of the parties. This institutional arrangement gives consideration to property protection and social stability, and is more conducive to achieving the balance of multiple value goals.
Second, the compensation method of enterprise housing demolition and replacement
In practice, the compensation method of house replacement is very popular. According to different situations, there are mainly the following methods:
1, commercial housing development project
In commercial housing development projects, developers are generally required to buy or build a certain number of commercial housing to meet the needs of property rights exchange of the demolished people. The relevant administrative departments shall also review the reference system, price evaluation, replacement ratio, price difference settlement and housing quality of housing replacement. If the development unit fails to provide housing placement for the demolished people as promised, the regulatory authorities can manage and supervise by suspending the examination and approval of new projects, not examining the development qualifications of enterprises, and recording them in bad credit records.
2, public * * * interest projects
It is generally believed that public utilities such as national defense, education, health, municipal administration, transportation and energy are public interest projects. For such construction projects, the state should first organize expropriation, but the replacement ratio of housing reserves should not be lower than that of commercial projects. Conditional places can first build a certain proportion of policy resettlement houses to promote the smooth progress of public welfare projects. The Regulation on Expropriation and Compensation of Houses on State-owned Land (Draft for Comment) lists the renovation project of dilapidated houses as a public interest project, stipulating that "if the house expropriation and residential construction are carried out due to renovation of dilapidated houses, the expropriated person has the right to move back". This is of course reasonable, but in the transitional stage of the old and new laws, we must fully consider the convergence of policies.
3. Protection of the Tenant's Housing Rights
From 199 1 Regulations on the Management of Urban House Demolition to 200 1 revised new regulations, and then to 20 10 Regulations on the Expropriation and Compensation of Houses on State-owned Land (draft for comment), it is clearly stipulated that compensation can only be made in the form of house property right exchange if the lease contract is not terminated. This provision is in line with the concept of "buying and selling does not break the lease" in civil law, and fully guaranteeing "home ownership" is the need of social stability. Among them, for the public housing tenants left over from the housing reform, they are generally allowed to turn into housing owners according to certain policies, and then enter the demolition compensation procedure. If it is not converted, it can be placed by translation of public houses.
To sum up, the compensation method of enterprise real estate demolition will adopt different replacement methods according to different property rights. If the parties need to replace the house, they can negotiate with the local demolition office in detail to confirm the replacement method and the specific location of the house after replacement, and choose the appropriate real estate replacement according to their actual situation.
You can also learn more about demolition. Baidu search China enterprise demolition expert lawyer network, or directly click on www.qycq.cn, using legal weapons to reasonably safeguard their legitimate rights and interests.