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It depends on the level of local per capita income and local fiscal revenue. As for the location of the documents, each place is different.
Demolished houses are compensated at the market price, which is generally slightly lower than the market price. The increased area of the resettlement house will also be the same price as the resettlement house within a certain percentage, depending on how the contract you signed with the developer at the beginning. Depending on the level of consumption and GDP in different places, the corresponding compensation given by developers is also different.
When moving a house and subdividing a house, there is no need to sign a contract for the sale and purchase of commercial housing. Because the way you get the house is not to buy or sell commercial housing, but to demolish and replace it. It is not possible to conclude a contract for the sale and purchase of commercial housing.
However, in the demolition and replacement agreement signed, the time of delivery and the time for handling the property right certificate can be clarified, and the compensation method for the extension can be clarified.
Supplement; Problems with bank loans.
There are two types of bank loans you are talking about: one is the mortgage loan when buying a house; The second refers to the mortgage after the purchase of the house.
1. Since it is a demolition and replacement, you only need to make up the difference in the price of the house you buy, so you cannot make a bank mortgage loan.
2. After you move into the house and apply for the house ownership certificate, you can apply for a home mortgage.
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If the demolished houses are compensated at the market price, then the resettlement houses are also purchased at the market price, and the two should be the same.
Resettlement housing** is generally slightly lower than the market price. The increased area of resettlement housing is also the same price as resettlement housing within a certain percentage, and these should be considered preferential treatments.
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According to the regulations, the expropriated person can choose monetary compensation or choose to exchange the property rights of the house. If the expropriated person chooses to exchange the property rights of the house, the people at the city and county levels shall provide the house for the exchange of property rights, and calculate and settle the difference between the value of the expropriated house and the value of the house used for the exchange of property rights with the expropriated person.
1. What are the procedures for the division of demolition and resettlement houses:
1. Announce the time sequence of vacating and handing over the resettlement households, the resettlement house numbers that can be assigned and the resettlement objects of households with special difficulties;
2. Announce the time and place of resettlement housing;
3. Issue the number selection notice for the allocation of resettlement housing;
4. The demolition household shall select the resettlement house number according to the notice, and the leader of the working group shall fill in the resettlement housing allocation certificate, and the team leader shall sign and confirm it, and the person in charge of the development zone management committee shall review and sign.
5. The relocated households shall go through the settlement procedures at the requisition and relocation office of the development zone with the resettlement housing allocation certificate, and the requisition and relocation office shall issue a bank payment slip, and the relocated households shall pay the purchase price at the designated bank.
6. The demolition household shall issue a receipt for collection after confirming the payment of the house payment to the Finance Bureau with the bank payment voucher.
7. The demolition household shall issue a notice of delivery to the Demolition and Relocation Office with the resettlement housing allocation certificate and the receipt issued by the Finance Bureau to prove that the housing payment has been paid.
8. The demolition households shall go to the community property management company to receive the key of the resettlement house with the resettlement house allocation certificate and the delivery notice.
Second, the principle of demolition and sub-housing allocation:
1. In strict accordance with the principle of "first demolition and first selection", it will be allocated in the order of vacated delivery time;
2. Special difficult households shall be applied by themselves, verified by the village, reviewed by the working group, and given priority after the announcement of the list without objection.
3. The principle of distribution based on the resettlement community.
Legal basisArticle 18 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land shall give priority to housing security if the expropriated person meets the conditions for housing security and the person subject to the expropriation meets the conditions for housing security. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
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1) Calculation standards for compensation for house demolition.
1) Monetary compensation for house demolition Appraisal of legally owned property** Agreed compensation amount for house decoration (or compensation amount for house decoration and decoration determined by assessment).
2) Compensation difference for house demolition Appraisal of legally owned real estate** Agreed compensation amount for house decoration or compensation amount for house decoration and decoration determined by assessment) Appraisal of the house where the property rights of the person being demolished are exchanged**.
2) Calculation standards for housing demolition and resettlement expenses (demolished persons or tenants): housing demolition and resettlement expenses, relocation subsidies, temporary resettlement subsidies when swing houses are not provided, temporary resettlement subsidies beyond the transition period, and compensation for losses caused by the suspension of production and business of non-residential houses.
Note: 1. If the demolition party provides a swing house and the user of the demolition 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.
1. How long will it take to demolish and relocate after the land use plan comes out.
There is no provision on when the plan will be moved after the public announcement, and under normal circumstances, if there is no objection after the publicity is over, the relocation work can be carried out.
2. What are the land acquisition policies?
Article 43 of the Land Management Law Any unit or individual who needs to use land for construction must apply for the use of state-owned land in accordance with the law; However, the establishment of township enterprises and the construction of residential houses by villagers shall be approved in accordance with the law to use the land owned by the peasant collectives of the collective economic organization, or the construction of public facilities and public welfare undertakings in townships (towns) and villages shall be approved to use the land owned by the peasant collectives. The state-owned land applied for use in accordance with the law as mentioned in the preceding paragraph includes land owned by the state and land expropriated by the state that originally belonged to the collective ownership of the peasants in Xunli.
Article 44 Where the construction of land is occupied and involves the conversion of agricultural land into construction land, the examination and approval procedures for the conversion of agricultural land shall be completed. Roads, pipeline projects and large-scale infrastructure construction projects approved by the people of provinces, autonomous regions and municipalities directly under the Central Government, and land occupied by construction projects approved by the people, involving the conversion of agricultural land into construction land, shall be approved by the people.
Within the scope of the construction land of cities, villages and market towns determined in the overall land use plan, if the agricultural land is converted into construction land for the purpose of implementing the plan, it shall be approved by the organ that originally approved the overall land use plan in batches according to the annual land use plan. Within the scope of the approved conversion of agricultural land, the land for specific construction projects can be approved by the people of the city and county.
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What we usually call demolition and relocation is also "demolition and relocation", which refers to a kind of demolition compensation method that compensates the demolished person in kind by replacing the property right of the house in the process of demolition.
1. Property right replacement is also called "demolition and resettlement", "demolition and relocation", and "compensation in kind", and there are two types of replacement methods according to different assessment methods.
1) Value standard property rights replacement.
Value standard property right replacement refers to the equivalent value of the property right of the newly built house by assessing the property value of the demolished person's house in accordance with legal procedures.
2) Area standard property rights.
The area standard property right replacement refers to the exchange of non-local property rights based on the floor area of the house and does not settle the price difference within the area to be resettled.
2. There are two forms of property rights replacement.
1) Resettlement: It means that because the developer's project does not involve residential buildings or due to the plot ratio of the plot, it cannot be resettled, and can only choose to build a new resettlement house on other plots, and then replace the property rights at the same value as much as possible through the increase or decrease of property rights.
2) Resettlement: It 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.
"Demolition and relocation" is only one of the compensation methods for land acquisition and demolition, with reference to the relevant provisions of the Land Law of the People's Republic of China or the Regulations on the Expropriation and Compensation of Houses on State-owned Land, there are the following compensation methods:
1. Monetary compensation.
2. Swap of property rights.
3. Binding compensation.
Compensation for demolition and renovation
Article 25 The demolition and relocation personnel shall compensate the demolished persons in accordance with the provisions of this Chapter. Compensation for demolition and relocation can be in the form of monetary compensation or housing compensation.
Article 26 Where monetary compensation is given to demolished residential houses, the compensation for demolition and relocation shall be settled on the basis of the floor area of the demolished houses and the average sales of ordinary residential commercial houses in the area where the houses are located.
If the construction area of the original house of the demolished person (including his other housing in the city, the same below) is less than 45 square meters, the demolition party shall, according to the area of the difference, settle the subsidized housing improvement fee for the compensated demolished person according to the affordable housing sales ** in the area where it is located, and if the difference area is less than 6 square meters, the housing improvement fee shall be subsidized at 6 square meters. If the original building area is more than 45 square meters, the housing improvement fee shall be subsidized at 6 square meters.
In the case of demolition of a private residential house, the demolition party may, upon the application of the owner of the demolished residential house, settle the compensation for the demolition with the owner of the demolished house according to the market appraisal price of the demolished residential house. Houses that settle the demolition compensation according to the market appraisal price will no longer be subsidized for housing improvement fees.
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Legal analysis: (1) Compensation for demolition and relocation should consider both the demolished house and the expropriated homestead. The demolition of houses shall be compensated according to the replacement cost of the building, and the expropriation of homestead land shall be compensated according to the land acquisition standards stipulated by the local government.
In the suburbs of cities and rural areas, relocation and resettlement are mainly adopted, and homestead land is rearranged for construction. In the urban-rural interface and urban villages, Genshin Impact will no longer arrange homesteads to build houses separately, and will mainly adopt monetary or in-kind compensation, and the demolished rural households will purchase houses or resettlement houses provided by **. The total amount of compensation for demolition and relocation and subsidies received by the relocated rural households should be able to ensure that they can purchase houses with a reasonable living standard.
B) after the approval of land requisition implementation, the city and county land resources tourism surplus source departments in accordance with the determination of the land requisition compensation and resettlement program, timely and full payment of compensation and resettlement costs; If it should be paid to the land-expropriated farmers, it should be paid directly to the individual farmers, so as to prevent and promptly correct the problem of withholding and misappropriating land acquisition compensation and resettlement fees.
3) In order to prevent arrears in land requisition compensation and ensure that the compensation is in place in full and in a timely manner, all localities should explore and improve the pre-deposit system for land requisition compensation. When the city and county organize the approval of land use, the compensation fee for land acquisition shall be calculated according to the scale of land acquisition and the compensation standard, and the applicant shall pay the compensation for land acquisition in advance; For urban construction land and land for separate site selection and construction projects provided by way of land transfer, the compensation for land acquisition shall be deposited in advance by the local government. After the land is approved in accordance with the law, the pre-deposited land acquisition compensation shall be calculated in a timely manner according to the approval situation, and the excess shall be refunded and the deficiency shall be compensated.
4) In the process of land acquisition in the future, it is necessary to fully implement the unified annual output value standard of land acquisition and the comprehensive land price of the area, so that the compensation for land acquisition is the same price in the same place. This move is an important measure to improve the compensation mechanism for land acquisition, and it is also an inevitable requirement to improve the compensation standard for land acquisition and safeguard the rights and interests of farmers. For new construction projects, it is necessary to strictly check the pre-examination of land use to ensure that the project calculates the compensation cost of land acquisition in accordance with the unified annual output value standard for land acquisition and the comprehensive land price of the area announced and implemented, and is fully included in the budget estimate.
In fact, in the actual operation process, sometimes in order to speed up the speed of demolition, in addition to providing compensation for demolition and relocation in Qingdao's rural demolition compensation standards, the method of quick relocation incentives will be adopted to encourage active cooperation with the demolition, and the specific amount will be determined by the parties through joint consultation.
Legal basis: "Regulations on the Expropriation and Compensation of Houses on State-owned Land" Article 5 The housing expropriation department may entrust the housing expropriation implementation unit to undertake the specific work of housing expropriation and compensation. Housing expropriation implementation units must not be for profit-making purposes.
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The compensation standards for house demolition in 2023 are as follows:
Compensation for the loss of production and business suspension caused by the expropriation of the house. The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons; compensation for the value of the expropriated house; Compensation for relocation and temporary resettlement caused by expropriation of houses. Thatched house 1900 square meters;
brick house 2400 square meters; pounded or prefabricated brick and concrete structure house 2800 square meters; Building (above two floors) 3,300 square meters; the principle of equivalent compensation for the use of above-ground (underground) attachments; The subsidy for resettlement (including residential land, supporting facilities, rental fees, etc.) is 20,000 yuan per household.
Legal basis: Article 18 If the expropriated person meets the conditions for housing security, the people at the city and county level who make the decision to expropriate the housing shall give priority to housing security. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
Article 19 The compensation for the value of the expropriated house shall not be lower than the market for similar real estate of the expropriated house on the date of the announcement of the decision to expropriate the house. The value of the expropriated house shall be assessed and determined by the real estate appraisal agency with corresponding qualifications in accordance with the housing expropriation appraisal method.
If there is any objection to the value of the expropriated house determined by the assessment, it can apply to the real estate appraisal agency for a review of the assessment. If there is any objection to the review result, you can apply to the real estate appraisal expert committee for appraisal.
Housing expropriation assessment measures for filial piety by the housing city Hengdouqian Township construction department formulated, in the process of formulation, should be to the public to solicit opinions.
Article 20 The real estate appraisal agency shall be selected by the expropriated person through consultation; Where consultation fails, it is to be determined by majority decision, random selection, and other means, and specific measures are to be formulated by provinces, autonomous regions, or municipalities directly under the Central Government. <>
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