There are several situations of house demolition on rural homestead: the construction of new countryside, the transformation of villages in cities, the merger of administrative villages and the state's expropriation and compensation for public interests.
The compensation for house demolition in rural homestead is the compensation for separate premises, and "separate compensation" refers to the separation of land compensation and compensation for attachments on the ground.
New rural construction
1. New rural construction refers to the construction of planned new houses, the demolition of houses on homesteads and appropriate compensation in accordance with the provisions of the Organic Law of Villagers' Committees and with the consent of democratic voting without changing the nature of rural collective land.
Reasonable compensation standard for such demolition: the existing legal building area where villagers live shall not be reduced, and the living standard shall not be lowered.
2. The new rural construction will not abolish the rural organizational system. People who have been demolished can apply for new housing on the homestead of the central village or residential area determined by the overall land use planning of the township (town) and get corresponding monetary compensation.
Demolition of merged houses in administrative villages
1. Article 8 of the Organic Law of Villagers' Committees stipulates that villagers' committees shall be established according to the living conditions and population of villagers and the principle of benefiting mass autonomy. The establishment, cancellation and adjustment of the scope of a villagers' committee shall be put forward by the people's governments of townships, nationality townships and towns, and shall be reported to the people's government at the county level for approval after discussion and consent by the villagers' meeting. It can be seen that the premise of the merger of administrative villages is that the government will perform the examination and approval procedures after the "villagers' meeting discusses and agrees". Therefore, the merger of administrative villages must be discussed and agreed by the villagers' meeting in advance.
2. The merger of administrative villages generally requires the cancellation of more than two village organizational systems. If the organizational system of the village or villagers' group whose land has been expropriated is revoked, and the organizational system has not been revoked, but it does not have the conditions for building houses in different places, the demolished person may choose monetary compensation or exchange the property right house equivalent to monetary compensation. The specific calculation is: (the unit price of demolished houses is combined into one+the benchmark price of land use right per square meter of new multi-storey commercial houses in the same area+price subsidy) × the construction area of demolished houses.
urban village renovation
The transformation of village in city means that the identity of villagers has become urban residents and the homestead has become state-owned, but the original land has not gone through legal expropriation and compensation procedures. In the reconstruction of villages in the city, when the houses on the villagers' original homestead are demolished, the collective land should be changed into state-owned land for compensation, and the houses should be compensated or resettled according to the existing use and the prices of similar houses around.
Expropriation and compensation of houses on homestead by the state
1. The expropriation of houses on rural homesteads by the state is generally divided into two situations: one is the way that the village provides homesteads for reconstruction, and at this time, the demolition party should pay all kinds of compensation to the owners or users of the houses to be demolished according to the prescribed standards. In the second case, if the village no longer provides homestead, this compensation will be more complicated. Under normal circumstances, compensation according to the local land price and the replacement price of houses will lead to the decline of the living standards of the demolished people, which is contrary to the relevant provisions of the Land Management Law.
2. Specific compensation standards:
Monetary compensation for house demolition = legally owned real estate appraisal price+agreed compensation amount for house decoration (or the compensation amount for house decoration determined by appraisal);
Housing demolition compensation price difference = legally owned real estate appraisal price+agreed housing decoration compensation amount or the amount of housing decoration compensation determined by the appraisal)-the appraisal price of the house with property right exchange obtained by the demolished person;
Housing demolition and resettlement fee = relocation subsidy+temporary resettlement subsidy without turnover housing+temporary resettlement subsidy beyond the transition period+compensation for losses caused by non-residential housing suspension.
These are the compensation standards for rural demolition. Once you encounter house demolition, you should understand some compensation clauses, otherwise once you sign the agreement, you will easily fall into the trap and cause some losses, which is unfair to everyone. I hope the above content can help you.
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.