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The economic value of the house being demolished is greater than the economic value of the house allocated. For example, some rural self-built houses have three-storey bungalows with a total living area of 500 square meters and a decoration area of only 200 square meters. The house was demolished and the associated resettlement costs were compensated.
The compensation and resettlement costs of rural house demolition can be divided into several parts, such as economic compensation for house demolition, housing resettlement compensation, population resettlement compensation, housing subsidies and saplings at the rear of the house. Dividing. Some developers demolish large homes after consulting their previous homes to compensate for large homes, and additionally compensate for settlement costs, temporary moving costs, transfer and lost time, and house outfits.
Rural houses are not included, only the above-mentioned buildings, buildings, houses, trees, wells, toilets and other household decorations are included. Rural sub-buildings are divided into population, with a low price of 40 square meters per capita, a cost price of 10 square meters, and **10 square meters (for adjustment areas), and are charged according to the construction fee. ** per square meter varies by region.
If the number of households is small, the number of buildings can be reduced and the cost can be reduced.
According to this calculation, in the case of a large population, the cost of demolition is not enough to cover the cost of the building, the amount increases. Initially, in rural areas, due to the rapid development of the city, the countryside gradually became an urban village, where the village demolition was replaced with one or two floors per square meter, and three or more floors were replaced at the same 3:1 ratio.
Each generation is adjusted at a low price of 10 square meters, and if there are more houses, they need to be replenished according to the number per square meter. During the demolition, the farmer saw the demolition funds and paid for the next building. After the demolition of the farmhouse (paid by most of the peasants), the rural houses were replenished.
Typically, housing compensation allocated for the demolition and resettlement of rural houses is usually a one-time compensation or supplementary funds for the relocation of the apartment or the developer to the furniture after the division of the house, or the handover of the furniture to the developer after the house has been separated. Probably the key to who will compensate for the demolition and resettlement is how the developer negotiates with the immigrants, replenishes the funds for no reason, and agrees to replenish the housing.
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Because if you divide the building, it only gives you about a certain number of square meters, and you still need to make up the difference.
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Probably just to make up the difference, because I think it's too cheap for rural people.
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Because many buildings do not reach the size of the original house, they will have to make up the money.
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Because after all, the house allocated after the demolition, he must be different from before, so he said that he would make up for it.
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Hello, glad for your question. Because the building materials and area of the houses of the demolished households do not match the standard of compensation, You Liang Town simply put, if the houses of the demolished households are built with civil engineering, of course, there is not as much compensation as the houses built of bricks and concrete, so there will be a situation where the compensation is not the same and the key is dressed. As far as I know, some of the demolition households can also receive some compensation after they get a share of the house.
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Legal Analysis: If the address of the hukou is located in a rural area, there is a house, if not, there is none.
Legal basis: Land Management Law of the People's Republic of China Article 2 The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people.
Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state.
No unit or individual may occupy, buy or sell or illegally transfer land in any other form. Land use rights may be transferred in accordance with law.
The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.
The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.
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Although the house built in the rural area does not have a property ownership certificate, all the villagers in the village can prove that they have the right to use and own the house, so if the self-built house is demolished, the compensation can be obtained. The exact amount of compensation needs to be determined according to the level of local economic development.
1. Is there compensation for the demolition of self-built houses in rural areas?
Compensation will be paid for the demolition and relocation of self-built houses in rural areas, and various compensation payments paid by the units that demolish and built self-built houses to the owners or users of the demolished houses in accordance with the prescribed standards. The specific compensation for the demolition of self-built houses in rural areas is as follows:
1) Housing compensation fee (house replacement fee), which is used to compensate for the loss of the owner of the demolished house, is classified according to the structure and depreciation degree of the demolished house, and is calculated according to the unit price of square meters.
2) Turnover compensation fee, which is used to compensate for the inconvenience of temporary residence or self-employment of the residents of the demolished houses, and is divided according to the temporary living conditions, and is subsidized monthly according to the population of the households of the demolished houses.
3) Incentive compensation fee, which is used to encourage the residents of the demolished houses to actively assist in the demolition of the houses or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring the demolition units to resettle the housing, and the standards of the compensation fees for house demolition shall be determined by the local people according to the actual local situation and the relevant laws and policies of the state.
The formula for calculating the compensation price of the homestead location and the replacement of the demolished house into a new price is: the compensation price of the house demolition = the compensation price of the homestead location and the area of the homestead The replacement of the demolished house to the new price.
2. Calculation standards for compensation for house demolition
1) Monetary compensation for house demolition = assessment of legally owned real estate** Agreed compensation amount for house decoration (or compensation amount for house decoration and decoration determined by assessment).
(2) Difference in compensation for house demolition = appraisal of legally owned real estate** Agreed compensation amount for house decoration and decoration or compensation amount for house decoration and decoration determined by assessment) - assessment of the house where the property rights of the demolished person have been exchanged**.
3. Calculation standards for housing demolition and resettlement fees
Housing demolition and resettlement fee = relocation subsidy Temporary resettlement subsidy if swing housing is not provided Temporary resettlement subsidy beyond the transition period Compensation for losses caused by the suspension of production and business of non-residential houses.
1. If the demolition party provides a swing house and the user of the demolished house lives in it, the subsidy for the second item of the formula is 0;
2. If the demolished house is a residential house, the compensation fee for item 4 of the formula is 0;
3. The person being demolished receives compensation, indicating that the house is for his own use.
Houses in rural areas are generally self-built, and there is usually no need to go to the state-level authorities to apply for a real estate certificate or land use certificate, but if a self-built house is demolished, it can still be compensated. In addition, regardless of whether the land expropriator is a state or an enterprise, a specific standard of non-compensation for land acquisition must be formulated according to the nature of the land before land acquisition.
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Summary. Dear, who owns the homestead of the rural house by land acquisition and demolitionNow that the countryside is developing, it is quite common to encounter land acquisition and demolition. Bian Xiao's colleague's house was expropriated because it was built within the high-speed rail limits, but was compensated.
Among them, the Land Management Law promulgated by the state stipulates that the state may expropriate land in accordance with the law and give corresponding compensation for the public interest. After the rural houses are expropriated and demolished, and the land is expropriated, the homestead will no longer be owned by the peasants or rural collective organizations, but by the state! In 2017, the state proposed to carry out the clean-up and rectification of rural houses, mainly to clean up illegal houses and idle collapsed houses in rural areas.
Such houses will be demolished, and after the house is demolished, their homestead will also be repossessed by the village collective. However, it is also necessary to apply for the demolition and reconstruction of the old house, first of all, it is necessary to apply to the local village committee, and then the village committee will apply to the township land and housing department. As long as you get the approval documents, it is reasonable for you to build a new house.
Dear, the rural houses have been demolished with state subsidies and can be rebuilt at any time. If the dilapidated house is demolished and conforms to the plan, it can be rebuilt at any time with the consent of the construction department, because after the dilapidated house is demolished, a vacant land is placed there very ugly, so if it meets the plan, the urban construction department can immediately rebuild it to the new house as long as it agrees, and complete the construction of the new house as soon as possible.
Dear, land acquisition and demolition of rural houses of the homestead owned by Yun Oak Now the agricultural department is quietly pretending to be the village in the development of the stove, and it is quite common to encounter land acquisition and demolition. Bian Xiao's colleague's house was expropriated because it was built within the high-speed rail limits, but was compensated. Among them, the Land Management Law promulgated by the state stipulates that the state may expropriate land in accordance with the law and give corresponding compensation for the public interest.
After the rural houses are expropriated and demolished, and the land is expropriated, the homestead will no longer be owned by the peasants or rural collective organizations, but by the state! In 2017, the state proposed to carry out the clean-up and rectification of rural houses, mainly to clean up illegal houses and idle collapsed houses in rural areas. Such houses will be demolished, and after the house is demolished, their homestead will also be repossessed by the village collective.
However, it is also necessary to apply for the demolition and reconstruction of the old house, first of all, it is necessary to apply to the local village committee, and then the village committee will apply to the township land and housing department. As long as you get the approval documents, it is reasonable for you to build a new house.
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Legal analysis: At present, the subsidy for demolishing old houses in rural areas belongs to the renovation fee of dilapidated houses, which means that if the previous dilapidated houses are demolished and new houses are built, they can be subsidized.
However, only these four categories of people have subsidies, namely low-income households, poor households, and poor disabled families, and rural areas are scattered to support people living in extreme poverty.
In addition to meeting the conditions of identity, it is also necessary to assess the dilapidated houses and subsidize them by level, with a maximum of 20,000 yuan and a minimum of 2,000 yuan.
If it does not belong to the above category of Sun Xihong, there is no subsidy for demolishing the old house. The distribution of rural homesteads is based on the principle of one house per household, mainly for the purpose of enabling rural residents to have their own homes.
Therefore, when building a new house, the new house can only be built on the basis of demolishing the old house, so as to ensure that it is one house per household. However, in real life, this is not the case in many rural areas, and some people often build houses on new land, and there are many old houses.
However, it is required that the old house must be demolished, and it is also difficult to build a new house on the original homestead. If the old house is demolished, and the new house has not been built, let the builder live in **? Therefore, in the process of implementation, there are often many problems, so many places default to this practice.
However, it is required that after the collapse of the old house, the original homestead must be returned to the village collective.
When building houses, it is required to demolish the old and build new ones, which is also to prevent farmers from occupying farmland, especially basic farmland to build houses. The basic farmland in China is mainly to ensure the safety of grain production and let the rice bowl firmly hold in the hands of us Chinese, so basic farmland, also known as life-saving fields, cannot be used to develop non-grain production.
Therefore, when building a house in the countryside, it is necessary to demolish the old house and then build a house on this homestead, so that it is legal.
Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land Article 25 The housing expropriation department and the expropriated person shall, in accordance with the provisions of these Regulations, enter into a compensation agreement on matters such as the method of compensation, the amount of compensation and the period of payment, the location and area of the house used for the exchange of property rights, the relocation fee, the temporary resettlement fee or the swing house, the loss of production and business suspension, the relocation period, the transition method and the transition period. If one party fails to perform its obligations under the compensation agreement after the conclusion of the compensation agreement, the other party may file a lawsuit in accordance with law.
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1. The compensation for each square meter of the thatched house is 1,900 yuan.
2. The compensation for brick and tile houses is 2,400 yuan per square meter.
3. The compensation of 2,800 yuan per square meter for pounded or prefabricated brick and concrete structure houses.
4. Buildings (above the second floor) are compensated with 3,300 yuan per square meter for disturbing slag.
5. Equivalent compensation standards for the use of above-ground (below) attachments.
6. The subsidy for resettlement (including residential land, supporting facilities, rental fees, etc.) is 20,000 yuan per household.
Article 47 of the Land Management Law stipulates that where land is expropriated, compensation shall be paid to the source in accordance with the original use of the expropriated land.
The compensation fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings. The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation. The subsidy for the resettlement of cultivated land shall be calculated according to the number of agricultural population to be resettled.
The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land expropriated by the average amount of cultivated land occupied by the expropriated units before land requisition.
First of all, the house should be your brother's personal property before marriage, if you are not there one day after marriage, it will cause inheritance problems, your brother's house is naturally his inheritance, if there is no will, it should be divided equally within the range of legal heirs, the first legal heirs are: spouse, parents, children. >>>More