(1) Compensation calculation standards for house demolition
1. Monetary compensation for house demolition = appraised price of legally owned property + agreed compensation amount for house decoration and decoration (or house decoration and decoration determined by evaluation Compensation amount)
2. Compensation difference for house demolition = Appraisal price of legally owned property + Agreed compensation amount for house decoration or house decoration compensation amount determined after evaluation) - House demolished person obtains the property rights of the house to be exchanged Appraisal price
(2) Calculation standards for house demolition and resettlement fees
(Demolished person or lessee) House demolition and resettlement fee = relocation subsidy + temporary temporary housing if no turnover housing is provided Resettlement subsidy + temporary resettlement subsidy beyond the transition period + compensation for losses caused by suspension of production and business of non-residential houses Note:
1. If the demolisher provides turnover housing and the user of the demolished house lives in it, then The second subsidy of the formula is 0;
2. If the demolished house is a residential house, the compensation of the fourth item of the formula is 0;
3. The demolished person is compensated. Indicates that the house is occupied by the owner.
2. What are the methods of compensation for house demolition?
1. Monetary compensation
Currency compensation is based on different legal basis and is assessed by professional evaluation agencies on different legal basis. Conduct a professional valuation of the demolished houses to generate a well-documented and multi-component compensation amount. The following introduces the three statutory assessment bases:
Market assessment price: refers to the real estate market price of the demolished house. It is determined by a professional assessment agency that meets the regulations. According to the purpose of assessment, the principles of assessment, and the assessment procedures, The activity of selecting appropriate valuation methods and estimating and judging the objective and reasonable price or value of real estate at the time of valuation based on a comprehensive analysis of factors affecting real estate prices.
The average transaction price of commercial housing: refers to the average transaction price of ordinary residential commercial housing in the same area and type, which is regularly summarized, measured and published by relevant departments every quarter.
Replacement price: refers to the appraisal agency using the building materials and construction technology at the time of valuation to determine the object of reconstruction and valuation based on the price level at the time of valuation
The normal price for a building in new condition with equivalent functionality.
The above three prices are all legal basis for demolition compensation, but they have different purposes and are applicable under different circumstances.
2. Property rights replacement
Property rights replacement is also called property rights exchange. There are two replacement methods according to different evaluation methods. Value standard property rights replacement refers to the evaluation of the property rights value of the demolished person's house in accordance with legal procedures, and then the property rights of the newly built house are replaced with equivalent value. Area-standard property rights exchange refers to the exchange of houses with different property rights based on the building area and within the area that should be resettled without settling the price difference.
Property rights replacement is divided into two forms:
Off-site resettlement: refers to the fact that the developer's project does not involve residential buildings or due to the plot ratio, relocation cannot be carried out and resettlement can only be carried out. Choose to build new resettlement houses on other plots of land, and then try to achieve property rights replacement with equal value through the increase or decrease of property rights.
Relocation and resettlement: refers to the developer's demolition and reconstruction project that can complete the resettlement and complete the resettlement through the proportion of property rights replacement.
Attachment: At present, major cities in my country have set a minimum area per capita in terms of demolition compensation. For example, the minimum area per capita in Shanghai is 22_, so demolition and resettlement are required.
3. Combined compensation
As the name suggests, this compensation method refers to both monetary compensation and property rights replacement.
Due to my country's urbanization process and many other objective factors, housing prices and land prices have been artificially high, which has caused many problems that cannot be solved by monetary compensation or property rights replacement alone. Therefore, monetary compensation and property rights replacement have emerged. Compensation method combining property rights replacement.