As we all know, the compensation methods for house demolition mainly include property right replacement, monetary compensation and their combination. When choosing the compensation method of property right replacement, we often refer to the principle of "demolition and return", so many careful households who have been demolished will ask: How to calculate the pool area after demolition and return? This problem can be big or small. If the original demolition house is high-rise, the pool area is large, which is similar to the relocated house, then the problem is relatively small; But if it turned out to be a bungalow and relocated to a high-rise building after demolition, the pool area will "rise" at a glance, and the area in the middle can be quite large. In fact, we have also seen such an example in media reports-many relocated households have reported that the relocated houses are all high-rise buildings with a large pool area, which has not only failed to improve the living area after demolition, but may even decrease. In view of this problem, the current laws and regulations of our country have not stipulated the scope of joint venture in detail. However, you can look at the third paragraph of Article 42 of the People's Republic of China (PRC) Property Law, which stipulates that "houses and other immovable properties of units and individuals that are demolished shall be compensated according to law to safeguard the legitimate rights and interests of the expropriated person; If a personal residence is expropriated, the living conditions of the expropriated person shall also be guaranteed. " The term "ensuring the living conditions of the expropriated people" here is understood as not reducing the living conditions of the relocated households because of expropriation and demolition, which also leads to the minimum principle of "demolition and return"; Of course, based on the legislative spirit of ensuring living conditions, the so-called "demolition and return" should refer to the practical area. If only the building area remains unchanged, the pool area will increase, the usable area will inevitably decrease, and the living conditions of the relocated households will not be guaranteed. In view of this problem, many local governments have also made corresponding regulations. Today, the demolition lawyer will take stock of the regulations on the pool area in some places for your reference. 1. Article 21, Paragraph 1 (4) of Regulations on Expropriation and Compensation of Houses on State-owned Land in Qingdao City, Shandong Province: The pool area of compensation houses shall be separately included in the compensation area. Twenty-third expropriation of residential housing monetary compensation, the compensation area is calculated in accordance with the provisions of Article 21 of these regulations, and the monetary compensation is settled according to the market price of new commercial housing in the expropriated area. Among them, the pool area of the compensation house in Item 4 of Paragraph 1 of Article 21 shall be calculated by multiplying the sum of the compensation areas in Items 1 to 3 of this paragraph by the pool area ratio. The pool area ratio specified in the preceding paragraph shall be calculated according to the average pool area ratio of residential construction projects if the expropriated area is used for residential construction within the urban area of this Municipality; If the collection area is used for other projects, it shall be calculated according to 23%. The proportion of pool area in county-level cities shall be determined by the local people's government according to the local actual situation and reported to the Municipal People's government for the record. The proportion of pool area mentioned in this article refers to the proportion of public construction area of buildings to the total construction area of buildings. 2. Paragraph 5 of Article 27 of Measures for Expropriation and Compensation of Houses on State-owned Land in Xi, Shaanxi Province: The house price will not be settled for the pool area. 3. Paragraph 2 of Article 20 of the Measures of Xinjiang Uygur Autonomous Region for Implementing the Regulations on Expropriation and Compensation of Houses on State-owned Land: If the expropriated houses are compensated for property rights exchange, the house expropriation department shall calculate and settle the price difference between the expropriated houses and the houses with property rights exchange with the expropriated people, and handle the transfer registration of the houses with property rights exchange according to the nature of the expropriated houses. If the pool area of the property right exchange house is larger than the pool area of the house to be expropriated, the house expropriation department shall compensate the expropriated person for the losses caused by the increase of the pool area and the decrease of the use area. 4, Hubei Province, "Wuhan State-owned Land Housing Expropriation and Compensation Implementation Measures" Article 41 If the pool coefficient of the expropriated residential housing construction area is lower than the pool coefficient of the property right exchange housing construction area, it shall increase the construction area subsidy for the expropriated person or public housing tenant. In principle, the construction area subsidy shall not exceed 10% of the construction area of the expropriated house. If the houses with 9 floors and below are replaced by houses with 18 floors and above, the construction area subsidy shall not exceed 12% of the construction area of the houses to be expropriated in principle. The specific standards for construction area subsidies shall be determined by the people's governments of all districts according to the actual situation of the project. 5. Paragraph 2 of Article 30 of the Interim Measures for Expropriation and Compensation of Houses on State-owned Land in Shijiazhuang City, Hebei Province: The house expropriation department shall give public subsidies according to the specific conditions of the houses to be expropriated. The pool subsidy is determined by the real estate price appraisal institution according to the pool benchmark subsidy coefficient combined with the assessment of the expropriated house. 6. Paragraph 1 of Article 21 of the Measures for Expropriation and Compensation of Houses on State-owned Land in Hefei City, Anhui Province: If the expropriated residential houses are subject to property rights exchange, the construction area of the houses with property rights exchange shall be calculated according to the actual allocation coefficient of the houses with property rights exchange. Paragraph 1 of Article 20 of the Measures for Expropriation and Compensation of Houses on State-owned Land in Anqing: If the expropriation of residential houses is subject to property rights exchange, the construction area of the houses with property rights exchange shall be calculated according to the actual sharing coefficient of the houses with property rights exchange. 7. Provisions on Compensation, Subsidies and Incentives for Housing Expropriation on State-owned Land in Zhejiang Province 2. Collection of housing subsidies (4) Subsidies for the shared area of property rights exchange of residential houses. If the residence is a high-rise building, the pool area will be subsidized to the front of the suite closest to the construction area for property right exchange: each set with elevator will be subsidized with a construction area of 3 square meters; If each unit is equipped with two or more elevators, the subsidized construction area is 10 square meter. The subsidized area does not pay the house price. 8. Implementation Rules for Compensation and Resettlement of Rural Collective Land Houses in the East New Town of Cangshan District, Fuzhou (Trial) XIII. Expropriation of houses with property rights of non-agricultural economic cooperative members on rural collective land will compensate 10% of the building area of the houses with property rights (except that the resettlement houses are multi-storey houses with less than seven floors), but each household shall not exceed 10 square meter at most. 9, Gansu Province, "Lanzhou City, the state-owned land housing expropriation and compensation implementation measures" Article 35 of the expropriation of residential housing to implement the same lot of property rights exchange, the expropriation of housing construction area and the exchange of housing construction area is equal, the difference will not be settled, the corresponding pool area will not be settled. If it exceeds the construction area, it can be purchased by the expropriated person at a preferential price in different grades, and the property right of the house after the exchange belongs to the expropriated person. The specific preferential price is stipulated in the compensation plan. In case of property right exchange for non-residential houses with similar lots, the interior construction area of the house with property right exchange shall not be less than the interior construction area of the house to be expropriated, and the equivalent part of the interior construction area shall be settled according to the assessed price difference, and the corresponding pool area shall not be settled. 10, Notice 4 of the General Office of Chengdu Municipal People's Government on Further Promoting the Renovation of the Old City in the Central City and Regulating the House Expropriation and Compensation Behavior. Strict compensation standard (1) Housing compensation fee. Where monetary compensation is implemented, it shall be determined according to the unit price of housing evaluation multiplied by the housing construction area within the scope of transformation; If property rights are exchanged, the owner of the house will be resettled through comprehensive balance of the construction area and market evaluation value of the house within the scope of transformation. Residential renovation, housing owners choose property rights exchange, housing and resettlement houses within the scope of renovation are exchanged according to the interior construction area and pool area respectively, and the difference of interior construction area is settled according to the evaluation price, and the implementation unit is exempted from the pool area compensation. If the owner of the house pays the difference in one lump sum, the discount is 30%. Article 29 of the Interim Measures for Land Expropriation, Compensation and Resettlement for Shanty Towns in the Central City of Guangyuan shall be implemented according to the following principles without reducing the interior area of the expropriated house: (1) If the house provided by the house expropriation department is multi-storey, the house shall be returned according to the ratio of the expropriated house construction area to the property right exchange house construction area 1: 1. (2) If the house where the property right exchange is provided by the house expropriation department is high-rise, the house shall be returned according to the ratio of the building area of the expropriated house to the building area of the high-rise house with property right exchange 1: 1.2. (5) If the house is returned in accordance with Items (1) and (2) of this article, the portion of the shared area of the returned house exceeding 15% shall be borne by the government and included in the property right area of the returned house. The later expenses shall be borne by the expropriated person. Measures for the Implementation of House Expropriation and Compensation on State-owned Land in Neijiang City Center (Trial) Article 35 Where the expropriated person chooses to exchange property rights, the total construction area of resettlement houses shall not be less than 50 square meters. The expropriated houses and resettlement houses are exchanged according to the interior construction area and pool area respectively, and the interior construction area difference is settled according to the evaluation price, and the house expropriation department exempts the pool area from making up the difference. The interior construction area and pool area of expropriated houses and resettlement houses shall be subject to the records of house ownership certificates. If the house ownership certificate does not record the interior construction area and pool area respectively, the area approved by the house ownership registration department shall prevail. Notice of Luzhou Municipal People's Government on relevant policies on expropriation and compensation of houses on state-owned land. Other subsidies (III) Pooled area subsidies If the expropriated person chooses property rights exchange, if the expropriated house is of brick-wood structure or single-wood structure, the property rights exchange house shall be settled with the interior area, and the compensation for the pool area of the property rights exchange house shall be exempted; If the house to be expropriated is of brick-concrete structure and frame structure, the property exchange house shall be settled according to the construction area, and the part of the shared area of the property exchange house exceeding 7% of the construction area shall be subsidized by the government. Paragraph 2 of Article 20 of the Measures for Compensation and Resettlement for Land Expropriation in Luzhou City (Trial): If the resettlement area of each household exceeds the authorized area 10 square meter, the difference shall be made up according to the comprehensive cost of housing return in this area, and the part exceeding the authorized area 10 square meter shall be made up according to the guiding price of housing return in this area. For high-rise resettlement, 7% of the pool area of each household shall be borne by the government, and a one-time property management fee of 5,000 yuan shall be given to each household. 1 1, Measures for Expropriation and Compensation of Houses on State-owned Land in Chongqing (Provisional) Article 25 If the apportionment coefficient of the expropriated residential building area is lower than or equal to 15%, the compensation for the residential building area shall be calculated according to the apportionment coefficient 15%, and if the apportionment coefficient of the expropriated residential building area is higher than 15%. 12 Paragraph 2 of Article 24 of Measures for Expropriation and Compensation of Houses on State-owned Land in Baotou City, Inner Mongolia Autonomous Region: If the houses to be expropriated are bungalows, simple buildings, incomplete single-use houses and multi-storey houses, and the houses with property rights exchanged are high-rise buildings, the pool area shall be subsidized on the basis of "one for one" and in accordance with the principle of meeting the use function of the original interior area of the houses to be expropriated. The maximum subsidized pool area shall not exceed 10% of the calculated area of the house to be expropriated. The specific subsidy standard is determined by the people's government that made the decision on house expropriation. 13. Paragraph 2 of Article 29 of the Interim Measures for Expropriation and Compensation of Houses on State-owned Land in Nanning City, Guangxi Zhuang Autonomous Region: The pool area of expropriated houses is changed according to 1: 1, and the difference between the pool area of resettlement houses and the pool area of expropriated houses will not be settled. Paragraph 2 of Article 27 of the Implementation Opinions of Nanning Municipal People's Government on Strengthening the Construction and Management of Demolition and Resettlement Houses: The difference between the pool area of demolition and resettlement houses and the pool area of expropriated houses shall not be settled. Interim Measures for the Expropriation and Compensation of Houses on State-owned Land in Qinzhou City Article 30 If the property right of residential houses is exchanged, the house expropriation department shall provide resettlement houses for the property right exchange, and exchange them according to the interior area of 1: 1.3. The difference shall be settled for the part of the resettlement house that exceeds the area of the house to be expropriated, and for the part that exceeds the area within 10 square meter (including 10 square meter), the difference shall be settled according to the cost price of affordable housing construction in the previous year when the expropriation decision is announced; For the part exceeding the area 10 square meter, the price difference shall be settled according to the average price of similar commercial houses in the same lot at the time of delivery provided by the real estate department. The pool area of the expropriated house is changed by 1: 1. If the pool area of resettlement houses is less than the pool area of houses to be expropriated, the difference shall be settled; If the pool area of resettlement houses is larger than the pool area of houses to be expropriated, the price difference will be exempted. If the interior area of the resettlement house is smaller than that of the expropriated house, the insufficient part shall be given monetary compensation to the expropriated person according to the value standard of the expropriated house or the sales price of the resettlement house. 14. Opinions of Tai 'an Municipal People's Government on the implementation of urban development and construction in Jiangsu Province. Resettlement houses are small and high-rise, and the shared area of elevators and corridors increased by elevators is not included in the resettlement area. 15. Paragraph 3 of Article 24 of Measures for Expropriation and Compensation of Houses on State-owned Land in Tieling City, Liaoning Province: 1. Where the building is placed in situ (nearby), the expropriated person shall pay 50% of the difference between the evaluation price of the resettlement area (the original housing area plus the corresponding increased pool area) and the original housing evaluation price. The area can be increased nearby, and the increased area within the grade will be settled at the preferential price (the assessed price of resettlement houses will drop by 20%), and the increased area outside the grade will be settled at the assessed price of resettlement houses; 2. Resettlement of buildings in different places, on the basis of the previous use, with the original housing area plus the corresponding increased pool area, according to the evaluation price of similar commercial outlets, find out the difference between the requisitioned land and the resettlement land. 16, attachment of opinions of Luoyang Municipal People's Government on expropriation and compensation of houses on state-owned land in Henan Province 1 1. Compensation for expropriated houses 1. If monetary compensation is implemented, it shall be calculated according to the market evaluation price of the house to be expropriated. Where the exchange of house property rights is implemented, the people's government of the city or county that has made the decision on house expropriation shall provide the houses in the rebuilt or adjacent lots for exchange. In the exchange of housing property rights, the expropriated houses and resettlement houses are exchanged according to the interior construction area and pool area respectively. When the interior construction area changes, the price of the expropriated house and the price of the resettlement house shall be calculated according to the market evaluation price, and the two parties shall settle the difference. When the pool area changes, the pool area difference corresponding to the interior construction area will be exempted. If there are more than 2 sets of resettlement houses selected by the expropriated person (including 2 sets), the resettlement with high and low levels shall be implemented. 17. Paragraph 4 of Article 25 of the Measures for Expropriation and Compensation of Houses on State-owned Land in Liaoyuan City, Jilin Province: Choose high-rise houses with property rights exchanged: the elevator room area within the pool area, calculate the property rights and give them to the expropriated person free of charge. "Author: Cai * instrument Copyright: * * Jingping Law Firm Note: If you need to reprint, please indicate the copyright! Lawyer Wang Fengfeng, a partner and senior lawyer of Jingping Law Firm, specializes in administrative litigation and rights protection agency for land acquisition and demolition.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 243
In order to meet the needs of public interests, collectively owned land, houses of organizations and individuals and other immovable property may be expropriated in accordance with the authority and procedures prescribed by law.
Expropriation of collectively owned land shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops in full and on time according to law, and arrange social security fees for landless farmers to ensure their livelihood and safeguard their legitimate rights and interests.
Expropriation of houses and other immovable property of organizations and individuals shall be compensated according to law to safeguard the legitimate rights and interests of the expropriated person;
Expropriation of individual houses should also guarantee the living conditions of the expropriated person.
No organization or individual may embezzle, misappropriate, privately divide, withhold or default in collecting compensation fees.