(1) Housing compensation fee (housing replacement fee), which is used to compensate the loss of the owner of the demolished house. According to the structure and depreciation degree of the demolished houses, it is calculated at the unit price of square meters.
(2) The turnover compensation fee is used to compensate the residents of the demolished houses for the inconvenience of living in temporary housing or the cost of asking for temporary accommodation. Temporary living conditions are graded, and residents of demolished houses are subsidized monthly.
(3) Reward and compensation fees are used to encourage residents who have been demolished to actively assist in house demolition or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring demolition units to resettle houses. The compensation standard for house demolition shall be determined by the local people's government according to the local actual situation and relevant national laws and policies.
The formula for calculating the location compensation price of homestead and the replacement of demolished houses with new price structure is: compensation price of house demolition = location compensation price of homestead × area of homestead+replacement of demolished houses with new price.
(A) housing demolition compensation calculation standards
(1) Monetary compensation for house demolition = appraisal price of legally owned real estate+agreed compensation amount for house decoration (or compensation amount for house decoration determined by appraisal).
(2) Housing demolition compensation price difference = legally owned real estate appraisal price+agreed housing decoration compensation amount or housing decoration compensation amount determined by appraisal)-the appraisal price of the house with property right exchange obtained by the demolished person.
(two) the calculation standard of housing demolition and resettlement fees
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 shutdown and closure.
Remarks:
1. If the demolisher provides the revolving house and the demolisher uses the house to live, the second subsidy in the formula is 0;
2. If the house to be demolished is a residential house, the compensation fee in Item 4 of the formula is 0;
3, demolition compensation, indicating that the house is used by itself.
(C) rural housing demolition compensation standards
(1) If the organizational system of the village or villagers' group whose land has been expropriated has been revoked, but the organizational system has not been revoked, but it does not meet the conditions for building houses in different places, the demolished person may choose monetary compensation or exchange the property houses equivalent to monetary compensation. Its specific calculation is (the replacement unit price of the demolished house is combined into a new+new multi-storey commercial housing construction area with the same area, the benchmark price of land use right per square meter+price subsidy) × the construction area of the demolished house;
(2) If the organizational system of the village or villagers' group whose land has been expropriated has not been revoked, and the building conditions are easy to change, the demolished person may 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. The calculation formula is (the unit price of the demolished house is merged into a new one+price subsidy) × the construction area of the demolished house; The cost of demolition and use of new homestead.
According to Articles 2 and 19 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the expropriation of houses of units and individuals on state-owned land shall give fair compensation to the owners of the expropriated houses. 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. According to the spirit of legislation, the compensation for the expropriated houses should refer to the price of newly-built commercial houses in the nearest location, so that the living conditions and quality of life of the expropriated people will not be reduced after the houses are expropriated.
Therefore, in the process of land expropriation, compensation and resettlement, as long as the basic principle of "giving fair compensation to the expropriated person" is violated, it can be considered illegal, and the expropriated person should resolutely strive for reasonable compensation through legal channels.
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