1. Investigation: According to the statutory procedures for expropriation and demolition, an investigation should be conducted when determining the scope of demolition. At this point, although the demolition has not started legally, the investigation will go deep into the people. When similar work happens in your own house or area, it means that it is possible to start demolition.
2. Inquiry planning: the start of the expropriation project must conform to a number of planning plans, including national economic and social development planning, overall land use planning, urban and rural planning, special planning, annual plans for national economic and social development, etc. The above-mentioned materials related to regional development can generally be obtained through government information disclosure, and some information is also voluntarily disclosed by the government. Therefore, the possibility of demolition and expropriation can be predicted by investigating relevant plans.
3. Officially start the expropriation and demolition: the official announcement and documents are still subject to the official start of the demolition, and the "House Expropriation Decision" is subject to the urban house demolition; Land requisition for rural houses is based on the Land Requisition Approval Document.
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How to subsidize the demolition, and how to inquire about the subsidy standards for demolition in various places. Subsidy standards for land acquisition, shantytown renovation, old house renovation and house demolition
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Laws and regulations related to demolition
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Demolition laws and regulations
In order to protect the interests of relocated households, what are the provisions of the Demolition Compensation Law? First, how to determine the compensation for the value of the expropriated house? Article 17 of the Regulations on Expropriation and Compensation of Houses on State-owned Land (hereinafter referred to as the Regulations on Expropriation and Compensation): "The compensation given to the expropriated person by the people's government at the city or county level that made the decision on house expropriation includes: (1) compensation for the value of the expropriated house; (two) relocation compensation and temporary resettlement caused by the expropriation of houses; (3) Compensation for losses caused by expropriation of houses. The people's governments at the city and county levels shall formulate subsidies and incentives to the expropriated persons. " Article 19 of the Regulations on Expropriation and Compensation: "The compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method. If there is any objection to the value of the expropriated house determined by the assessment, it may apply to the real estate price assessment agency for review and assessment. If there is any objection to the review results, you may apply to the real estate price evaluation expert Committee for appraisal. The housing expropriation assessment method shall be formulated by the competent department of housing and urban construction in the State Council, and opinions shall be sought from the society during the formulation process. " According to the principle of ensuring that the living conditions of the expropriated house are improved and the living standards are not reduced, the regulations stipulate that the compensation for the expropriated house includes: compensation for the value of the expropriated house, compensation for relocation and temporary resettlement caused by the expropriated house, and compensation for the loss of production and business suspension. The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people. The compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision. The market price includes the value of the land use right, and it is not lower than the market price to ensure that the expropriated person can buy a house with the same location, area, use and structure in the market. Second, what are the factors that affect the compensation for demolition? Article 15 of the Regulations on Expropriation and Compensation: "The house expropriation department shall organize investigation and registration on the ownership, location, use and construction area of houses within the scope of house expropriation, and the expropriated person shall cooperate. The results of the investigation shall be announced to the expropriated person within the scope of house expropriation. " Article 14 of the Measures for the Assessment of the Expropriation of Houses on State-owned Land (hereinafter referred to as the "Assessment Measures"): "The assessment of the value of houses to be expropriated shall take into account the location, use, building structure, recency, building area, building area, land use right and other factors that affect the value of houses to be expropriated. The value of the interior decoration of the expropriated house, the relocation expenses of machinery, equipment and materials, and the compensation for the loss of production or business suspension shall be determined by the expropriated parties through consultation; If the negotiation fails, you can entrust a real estate price assessment agency to conduct an assessment. " As can be seen from the above laws and regulations, the influencing factors of housing value are "location, use, building structure, old and new degree, building area, land use right, etc." Beijing Qi Ying Law Firm will explain the factors that affect the value of the house for you. 1, compensation for demolition affected by building structure. The compensation for house demolition varies with different house structures. Houses are of wood structure, brick-concrete structure, reinforced concrete structure and steel structure. Generally speaking, the value of steel structure > reinforced concrete structure > brick-concrete structure > wood structure. 2. The decoration degree of the house affects the decoration degree of the house for demolition compensation, and also affects the compensation. The service life of the house has obvious influence on the compensation price of the house. Generally speaking, the higher the age, the lower the value. However, some houses with a long history and specific significance cannot be evaluated according to the above age factors, otherwise the value of the houses of the expropriated people will be underestimated. For this kind of house, its value is often higher than that of the new one. 3. The influence of the use of the house on the compensation for house demolition is different. Some houses are for self-occupation, some for business and some for factory warehouse. Generally speaking, the progressive state of value is commercial housing value > residential value > industrial residential value. 4. Different housing locations affect the compensation for demolition. In a city, when the area, use and structure of the house are determined, the value of the house depends more on the location of the house in the city, which is what the people call prosperity. The same house, the location is good, and the value gap of the house is very large. For example, the area near the school district and the hospital is of high value, and the compensation price for house demolition near the Second Ring Road and the Sixth Ring Road in Beijing is obviously different. Third, how to choose the compensation for demolition? Article 21 of the Measures for Evaluation: "The expropriated person may choose monetary compensation or exchange of house property rights." Monetary compensation refers to the way that the requisitioner compensates the owner of the expropriated house in monetary form based on the market evaluation price. Housing property right exchange refers to the exchange between the house provided by the house expropriation department and the house to be expropriated, and the price difference is settled after calculating the price. Therefore, when you are faced with expropriation, your rights are: you can choose monetary compensation or property rights replacement. Fourth, first compensation before relocation Article 27 of the Evaluation Measures: "The implementation of house expropriation should be compensated before relocation. After the people's government at the city or county level that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision. No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. It is forbidden for construction units to participate in relocation activities. " When agreeing to the demolition, the demolished person must know the order of compensation before demolition to avoid losses after demolition. If you encounter compensation after demolition, you should know how to protect your legitimate rights and interests and refuse this form of demolition. In case of "forced demolition", first of all, remember not to directly conflict with it, save relevant evidence and call the police, save relevant evidence, and entrust professional demolition lawyers to start corresponding procedures. The correct way is to protect rights through legal channels. Fifth, the living standards of the people who have been demolished should not be lowered. Paragraph 6 of Article 47 of the Land Management Law stipulates: "If the land compensation fee and resettlement subsidy are paid in accordance with the provisions of paragraph 2 of this article, and the farmers who need resettlement cannot maintain their original living standards, the resettlement subsidy may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value in the three years before the land is expropriated. " Paragraph 7 of Article 47 of the Land Management Law stipulates: "According to the level of social and economic development, under special circumstances, the State Council can raise the standards of land compensation and resettlement subsidies for cultivated land." Judging from the above legislative intent, demolition shall not reduce the living standards of the people being demolished. There is no specific compensation standard for land acquisition and demolition in the Demolition Law. In the compensation for the expropriation of houses on state-owned land, there are mainly three compensations, namely, the compensation for the value of the houses to be expropriated, the relocation caused by the expropriation of houses, the compensation for temporary resettlement and expropriation.