What is the compensation for the content of the new eviction law in 2010 10

1. What kind of compensation is there for house demolition?

Housing demolition includes houses on state-owned land and houses on collective land, and the laws and regulations applicable to the expropriation and relocation of houses on state-owned land and houses on collective land are different, and the compensation methods are different.

1. The compensation standards for the expropriation of houses on state-owned land include:

1. Compensation for the value of the expropriated house (the compensation for the value of the expropriated house shall not be lower than the market of similar real estate of the expropriated house on the date of the announcement of the expropriation decision**);

2. Compensation for relocation and temporary resettlement caused by the expropriation of houses;

3. Compensation for the loss of production and business suspension caused by the expropriation of the house (compensation will be given according to the benefits before the house is expropriated, the period of suspension of production and business, and other factors).

4. If it is state-owned land, the land should also be compensated, and if it is state-owned land, there is generally no compensation.

2. The applicable law for land acquisition and demolition of houses on collective land is the "Land Management Law" and the compensation measures for land acquisition and demolition formulated by various localities in accordance with the law.

In principle, the compensation standard is not allowed to reduce the original level of living blindness, short-term life improvement, long-term life ***. At the same time, it is necessary to consider the building structure and construction age, geographical location and use of the house. It is also necessary to combine the placement method of ** to distinguish the calculation.

In accordance with the property rights replacement, reasonable area and decoration cost compensation, relocation fee subsidy, and transition fee should be given; If the land is rebuilt according to the land zoning, it should be rebuilt to the new price compensation (the cost of building the original scale of the house locally), decoration costs, relocation subsidies, and transition fees; If the compensation is purely monetary according to the sky, the average price of the demolished commercial housing in the nearby towns should be compensated.

2. How to punish illegal demolition.

1. In violation of the regulations, without obtaining a house demolition permit, and carrying out demolition without authorization, the housing demolition management department shall order the demolition to stop, give a warning, and impose a fine of not less than 20 yuan but not more than 50 yuan per square meter of the building area of the demolished house.

2. If the demolition party violates the regulations and obtains the house demolition permit by fraudulent means, the housing demolition management department shall revoke the house demolition permit and impose a fine of not less than 1% but not more than 3% of the demolition compensation and resettlement funds.

3. If the demolition party violates the provisions and commits any of the following acts, the housing demolition management department shall order the demolition to be stopped, give a warning, and may impose a fine of less than 3% of the demolition compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked

1) Failure to carry out house demolition in accordance with the scope of demolition determined by the house demolition permit;

2) Entrusting a unit that does not have the qualifications to carry out demolition and relocation;

3) Extending the period of demolition and relocation without authorization.

Compensation standards for rural house demolition.

1) If the land-expropriated village or villager group is revoked, and although the system is not revoked, but does not meet the conditions for relocation, the person being demolished can choose monetary compensation, or can choose to exchange the property right house with the same value as the monetary compensation. Its specific calculation is (the unit price of the demolished house is combined into a new + the base price of land use right per square meter of construction area of the newly built multi-storey commercial housing in the same area + ** subsidy) The construction area of the demolished house;

2) If the system of the village or villager group that has been expropriated is not revoked, and the conditions for building houses in ex-situ are met, the demolished person can apply for new housing on the homestead within the scope of the central village or residential area determined by the overall land use plan of the township (town), and receive the corresponding monetary compensation, which is calculated as the construction area of the demolished house (the unit price of the demolished house is combined with the new ten ** subsidy); The cost of the new homestead used by the person being demolished.

Article 28: The demolition party shall provide houses that meet the national quality and safety standards for demolition and resettlement.

Article 29: For houses whose property rights are not clear, the demolition party shall propose a compensation and resettlement plan and report to the housing demolition management department for review and approval before carrying out the demolition. Before the demolition, the demolition party shall apply to the notary public for evidence preservation on matters related to the demolished house.

Article 30: The demolition and relocation of houses with mortgages shall be carried out in accordance with the relevant laws of the State on guarantees.

Article 31: The demolition party shall pay the relocation subsidy to the person being demolished or the tenant of the house.

During the transitional period, if the person being demolished or the tenant of the house arranges a place to live on his own, the demolition party shall pay a temporary resettlement subsidy; Where the person being demolished or the tenant of the house uses the swing house provided by the demolition party, the demolition party shall not pay the temporary resettlement subsidy.

The standards for relocation subsidies and temporary resettlement subsidies shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Article 32: The demolition party shall not extend the transitional period without authorization, and the user of the swing house shall vacate the swing house on time.

Where the transitional period is extended due to the responsibility of the demolition party, the temporary resettlement subsidy shall be increased from the month in which the temporary resettlement fee is overdue, for the demolished person or the tenant of the house who arranges their own accommodation; For the user of swing space, the temporary resettlement subsidy shall be paid from the month in which the deadline is overdue.

Article 33: Where production or business is suspended due to the demolition of non-residential houses, the demolition party shall give appropriate compensation.