Here is an implementation method for your reference:
Operation practice of compensation and resettlement for rural house demolition
The purpose and construction area of the house to be demolished are generally based on the records of the property right certificate, the rural homestead use certificate or the building approval document. If the record is inconsistent with the actual situation, the actual situation shall prevail, except for illegal buildings.
Time limit for compensation and resettlement:
1, when the land requisition is announced, if the building approval document has been obtained and the new house has been completed, the new house will be compensated, and the old house that should be demolished will not be compensated. When the land acquisition announcement is issued, if the approval document for building has been obtained but the new house has not been completed, the building should be stopped immediately, and the specific compensation amount can be agreed upon through consultation;
2. The removal of temporary buildings that have not exceeded the approved period can be given appropriate compensation.
3. No compensation will be given for illegal buildings, temporary buildings that exceed the approved period and parts that are newly built, rebuilt or expanded without authorization after the announcement of land acquisition.
4, within the same scope of demolition, there are both state-owned land and collective land, the compensation and resettlement of houses demolished within the scope of state-owned land shall be implemented according to the "Regulations on the Administration of Urban Housing Demolition"; Compensation and resettlement for house demolition within the scope of collective land expropriation shall be implemented in accordance with the Provisions on Compensation and Resettlement for House Demolition of Collectively Owned Land.
Housing compensation and resettlement mode
1, the compensation and resettlement will be cancelled by the land-expropriated village or villagers' group system.
(1) You can choose monetary compensation, or you can choose the exchange of property right houses equivalent to monetary compensation.
(2) The calculation formula of monetary compensation amount is: (the replacement unit price of the demolished houses is merged to form the base price of land use right per square meter of construction area of new+new multi-storey commercial houses with the same area+price subsidy) × the construction area of the demolished houses.
(3) If the house to be demolished is evaluated by the replacement method, it will be merged into a new one according to the replacement unit price, and the land acquisition unit will entrust a real estate appraisal agency with the qualification of house demolition evaluation for evaluation; The benchmark price and price subsidy standard for the land use right per square meter of new multi-storey commercial residential buildings in the same area shall be formulated and promulgated by the people's governments of the cities and counties where the houses are to be demolished.
2. Irrevocable compensation and resettlement for land-expropriated villages or villagers' groups:
(1) Those who have not been transferred to urban household registration shall be compensated and resettled according to the following provisions:
(2) Areas with the conditions for ex situ building can apply for new housing on the homestead in the central village or residential area determined by the overall land use planning of the township (town) and obtain corresponding monetary compensation;
(3) The calculation formula of monetary compensation amount is: (the replacement unit price of the demolished house is combined into new+price subsidy) × the construction area of the demolished house; The expenses required for the demolition and use of the new homestead shall be paid by the construction unit to the village or villagers' group whose land is expropriated. The examination and approval procedures for the demolition of new houses on the homestead shall be implemented in accordance with the relevant provisions of the state and local rural housing construction.
(4) In areas that do not have the conditions for ex situ construction, you can choose monetary compensation, or you can choose the exchange of property houses equivalent to monetary compensation. The demolished person shall not apply for new housing on the homestead again. The principle should be to make the living standard of the demolished people not be reduced by the demolition.
3 other housing demolition compensation projects:
Lawyers should understand and inform the parties concerned, and should also compensate the relocated people for moving subsidies, equipment relocation expenses and temporary resettlement subsidies during the transition period, and increase the temporary resettlement subsidies from the date when the transition period is overdue.
Compensation for removal of non-residential houses
1, for the demolition of non-residential houses owned by units and individuals whose shares are acquired by rural collective economic organizations in the form of land use rights or joint ventures, the formula for calculating the monetary compensation amount is: the replacement price of the demolished houses in Jian 'an+the corresponding land use rights acquisition fee.
2. The replacement price of the house to be demolished and the corresponding acquisition cost of the land use right shall be assessed by the real estate appraisal agency.
3. Other compensation: the following expenses shall also be compensated for the demolished person:
(1) Equipment relocation and installation expenses calculated according to the freight transportation price and equipment installation price stipulated by the state and this Municipality.
(2) The equipment that can't be used again shall be merged into the newly settled expenses according to the replacement price.
(3) Appropriate compensation for shutdown due to demolition.
4. Compensation for other non-residential houses, sheds and other above-ground structures attached to residential houses shall be implemented with reference to local standards for above-ground attachments.
Guide to the evaluation of lawyers' operation of rural houses
1. If the parties fail to reach an agreement on the price of the house to be demolished through consultation, the lawyer shall remind the client to hire an appraisal agency in time to conduct appraisal according to law.
2. The replacement price of the house refers to the normal price of a brand-new house with the same function and use as the demolished house, which is rebuilt according to the price level at the time of evaluation by using the building materials and construction technology at the time of evaluation. The appraised price of the demolished house does not include the decorative value of the house. Housing decoration should be issued a separate assessment report.
3. The appraisal date is the date of land acquisition announcement.
4. Only evaluate the unit price of residence and the total price of non-residence.
5. Appraisal report: The appraisal institution shall issue an appraisal report in the format specified in the Specification for Real Estate Appraisal, which shall be signed by a registered real estate appraiser, audited by the appraisal institution and stamped with the official seal of the appraisal institution.
Attachment, construction in progress, temporary building evaluation lawyer's operation guide
1, attachment evaluation: according to the compensation standard for attachments on the ground promulgated by the provincial and municipal governments and the local actual situation.
2. Evaluation of projects under construction: Generally, the cost method should be adopted for evaluation. The evaluation of the project under construction is based on the purpose, parameters or planning and design scheme approved by the government management department, and the progress of the project is based on the state when the government management department notifies the shutdown.
3. Evaluation of temporary buildings: The residual value of temporary buildings that have not exceeded the approved period shall be evaluated.
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