First, the compensation expenses for the demolition of assets, including: compensation for the land, houses, buildings and attachments on the ground that cannot be relocated, as well as the machinery and equipment that are really lost due to relocation;
Second, the loss of production and business suspension depends on the actual situation, which generally includes both actual operating losses and expected operating losses;
Third, the compensation for demolition, including the pre-relocation expenses, the shutdown expenses incurred in the relocation process, the debugging and repair expenses of machinery and equipment, the demolition, packaging and transportation of materials and the compensation expenses for dismissing employees;
Fourth, incentive fees based on the demolition policy, including quick relocation fees and demolition incentive fees.
(a) the cost of compensation for the demolition of assets
1. Problems of land compensation fees in practice.
Facade rooms are generally used for rent. Leased land is divided into leased state-owned land and leased collective land. The demolition of facade houses will inevitably lead to the termination of this lease relationship, so how to protect the expected interests of tenants and owners in the lease contract? The "Regulations" stipulate that the object of compensation for demolition is buildings and appendages on state-owned land, and there is no uniform provision for compensation for open space or net land. It is useless to stipulate the demolition of buildings on collective land.
Most facade houses directly obtain the right to use state-owned land through bidding, auction, hanging or allocation. In the land management law, only appropriate compensation is provided for the recovery of state-owned land use rights, and there is no detailed provision.
The compensation for land demolition in all parts of the country is often calculated together with the compensation for houses and buildings, and there are a lot of unclear and opaque situations, which leads to the inability of right holders to obtain corresponding reasonable compensation. At the same time, this is also the place that our legislature and administrative organs should protect when formulating laws, regulations and policy documents. Relevant departments should pay attention to it, and lawyers should use skilled skills to solve it in the process of handling cases.
2. How to determine the compensation cost of houses and buildings.
The compensation for houses and buildings shall be based on the construction area registered in the relevant property right certificate. Due to historical reasons, it is impossible to apply for real estate license and land certificate, which can be determined by actual measurement. The value of houses and buildings is generally determined by the demolisher and the demolished person by entrusting an appraisal company to determine the actual value of houses and buildings according to the relevant appraisal technical standards.
3. The equipment replenishment fee is calculated according to the replacement price.
The cost of equipment relocation and installation shall be calculated according to the freight transportation price and equipment installation price stipulated by the state and local governments. Machinery and equipment are divided into two categories: one is detachable equipment; Second, the equipment can't move; The loss caused by removing the movable equipment can be divided into physical loss and functional loss. The physical loss expenses include dismantling expenses, transportation expenses, installation expenses and debugging expenses. The cost of function loss includes the decrease of machine precision and the increase of unqualified products caused by relocation. For non-detachable equipment, dismantling will lead to the scrapping of the equipment, so we should calculate the replacement price of the equipment in combination with its new and replacement price and compensate everyone.
In the actual operation of demolition, all localities should determine the relocation and installation costs of non-residential houses; Equipment that cannot be restored to use shall be compensated according to the replacement price of the equipment.
(2) Loss due to suspension of production or business.
This part is a controversial part in legal practice. Most scholars believe that the cost of stopping production and business should include not only the actual losses of raw materials, semi-finished products and other items, but also the amount of compensation determined according to the actual sales or profits in the same period of last year. This part of the cost is often the part that directly affects the total salary of the enterprise, so it is also the top priority of lawyers' rights protection.
Article 23 of the "Regulations" stipulates that the compensation for the loss caused by the expropriation of houses shall be determined according to the benefits before the expropriation of houses and the period of suspension of production and business. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. The specific standards and calculation methods are not uniformly stipulated in this Ordinance, nor are they stipulated in other laws and administrative regulations. In legal practice, the standards and basis of compensation are often stipulated by municipal local governments in policy documents. It is a pity that the compensation standards and calculation methods are different in different places.
(3) Compensation for demolition and relocation
1, equipment relocation and installation fee
For the equipment that can be relocated, it should be relocated, installed and put into use in different places on the principle of continuous utilization. Accordingly, the cost of equipment relocation and installation is an inevitable loss caused by demolition, and the demolition person should compensate it.
2. Resettlement compensation expenses for dismissed employees.
There is no detailed provision in the laws, regulations and policy documents on the compensation expenses for the employees who have been dismissed due to demolition, which belongs to the project that the demolition parties strive for through consultation. If the demolition leads to the dismissal of employees, compensation shall be given according to the specific labor contract signed with employees and the relevant provisions of the Labor Law.
(four) incentive fees based on the demolition policy
In the process of demolition, in order to speed up the demolition progress, the demolition often adopts the way of quick relocation reward, encouraging the demolition and lessee to sign the demolition compensation agreement as soon as possible and move out of the demolition scope. The amount of incentive fee shall be determined by the demolisher according to the actual demolition situation, and may also be determined by the demolisher, the demolished person and the actual lessee through consultation. It should be noted that if the owner and user of the demolished factory are separated, the incentive fee should be paid to the lessee who actually uses the demolished factory, which has been stipulated in the policy document and is reasonable.