According to the relevant laws and regulations of our country, the proportion of property right replacement in house demolition is 1: 1, which is equivalent to the property right replacement area of the demolished house, but there are differences in different building structures, and the construction area may be different. In this case, the relevant departments will make up the difference according to the construction situation.
In practice, if the repaid construction area exceeds the original construction area and is within the specified resettlement standard, the settlement method of the difference is as follows: the excess part is calculated at the cost price of the house; If the repayment construction area exceeds the specified resettlement area, the excess part shall be settled according to the price of commercial housing; if the repayment construction area is equal to the original area, the difference part shall be calculated according to the replacement price combined with the new cost.
"People's Republic of China (PRC) City Real Estate Management Law"
Article 6
In order to meet the needs of public interests, the state can 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 people; Expropriation of individual houses should also guarantee the living conditions of the expropriated person. Specific measures shall be formulated by the State Council.