There is no uniform compensation standard for houses on rural collective land. The principle is not to lower the original living standard, improve the short-term life and ensure the long-term life. At the same time, it should be considered comprehensively according to the building structure, construction year, geographical location and use of the house. It is also necessary to make different calculations in combination with the government's resettlement methods.
In accordance with the exchange of property rights, reasonable area compensation and decoration expenses, relocation subsidies and transition fees shall be given; If the land is rebuilt according to the plan, the replacement price (the cost of building the original scale house locally), decoration fee, relocation subsidy and transition fee shall be compensated; According to pure monetary compensation, the average price of commercial housing in nearby towns should be compensated.
If you feel that the expropriation compensation is not open, opaque and unreasonable, you can apply for government information disclosure and access to the expropriation documents, and defend your rights through administrative reconsideration or administrative litigation.
"Regulations on Expropriation and Compensation of Houses on State-owned Land" Article 25 The house expropriation department and the expropriated person shall, in accordance with the provisions of these regulations, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house with property rights exchange, relocation expenses, temporary resettlement expenses or revolving houses, loss of production or business suspension, relocation period, transition mode and transition period.
After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
Extended data:
Unreasonable compensation for demolition:
(a) signed a compensation agreement for demolition and resettlement
The demolition agreement shall be reached through consultation between the demolition and the demolition. Opinions are not unified, the demolition can refuse to sign. And upon the application of the parties, it shall be decided by the house demolition management department. Housing demolition management department is the demolition, managed by the people's government at the same level. The ruling shall be made within 30 days from the date of accepting the application.
(2) Different compensation standards under different circumstances.
The compensation standard depends on the implementation opinions of specific demolition projects and the different economic development conditions in different places, as well as the different conditions of houses and land. Housing demolition compensation can be divided into housing compensation and land compensation. The compensation of commercial housing is higher than that of homestead. Demolition lawyers remind everyone that when evaluating commercial housing, we must not forget to ask for compensation for the losses caused by the suspension of production and business.
Therefore, whether the compensation standard is too low depends on the local actual situation.
(3) Applying for information disclosure
When the compensation is too low, we must first apply for the disclosure of government information to see if the compensation formulated by the government is fair and reasonable. If it is found that the demolition party fails to perform its obligations in accordance with the compensation agreement, it may bring an administrative reconsideration or administrative lawsuit according to law.
Baidu encyclopedia-compensation for demolition