On the issue of compensation for rural relocation houses. Helpful knowledge of the law in this area.

The specific standards are different from place to place, and we can only provide you with the calculation method.

For specific standards, please consult the local statistics bureau or the court.

Land Management Law of the People's Republic of China

Article 47 Where land is expropriated, compensation shall be given 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. The standard of resettlement subsidy for each agricultural population to be resettled shall be four to six times the average annual output value of the cultivated land in the three years preceding the expropriation. However, the resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years preceding the expropriation.

The standards for land compensation and resettlement subsidies for the expropriation of other land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for the expropriation of cultivated land.

The compensation standards for attachments and seedlings on the expropriated land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

To expropriate vegetable land in the suburbs of the city, the land-using unit shall pay for the development and construction of new vegetable land in accordance with the relevant provisions of the State.

In accordance with the provisions of the second paragraph of this article, the payment of land compensation fees and resettlement subsidies cannot enable the peasants who need to be resettled to maintain their original living standards, and the resettlement subsidies may be increased with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government. However, the sum of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation.

According to the level of social and economic development, under special circumstances, the standards of land compensation and resettlement subsidies for cultivated land may be raised.

Each locality has its own regulations according to the state of economic development.

Go with the flow, the golden mean.

However, it is necessary to make sure that the developer is not illegally occupying the farmland, otherwise the interests of both parties will be lost.

Legal analysis: 1. Compensation amount.

Generally, the compensation for house demolition in rural areas is based on the location, floor area, decoration, and attachments in the park. Among them, the compensation standard of the house varies due to the structure of the house, and the compensation for the demolition of the building (more than two floors) is 3,300 yuan square meters; 2800 square meters of prefabricated brick concrete structure; 2,400 square meters of brick houses; The thatched house is 1900 square meters. In addition to the compensation for the house and the land in the hospital, there is also a resettlement subsidy of 20,000 yuan per household.

Of course, the specific amount of compensation for house demolition should be implemented according to the provisions of local policies, and there is no unified standard in the country, and the compensation amount will vary greatly from region to region due to the large difference in the level of economic development in various regions.

2. Compensation method.

1) Monetary compensation.

A one-time cash compensation is given to the expropriated person, which can be used for self-disposal, and the minimum compensation standard is the construction cost price of the house + the compensation of the land.

2) The house is new.

In addition, according to the depreciation rate of the expropriated house and the cost price of the reconstruction, a certain amount of cash compensation will be given for the rebuilding of the house by the expropriated person.

3) Swap of property rights.

The minimum compensation standard for rebuilding houses by the local government and providing them to the expropriated land is the demolition of one and the compensation of the other in the same location. In addition, the demolition party shall also compensate the demolished person for the relocation subsidy, the temporary resettlement compensation during the transition period, and the temporary resettlement subsidy increased from the date of the expiration of the transitional period.

Legal basis: Article 48 of the Land Management Law of the People's Republic of China stipulates that fair and reasonable compensation shall be given for land expropriation, and the original living standards of land-expropriated farmers shall not be reduced, their long-term livelihood shall be guaranteed, and their living conditions shall be improved.

The compensation standard for rural relocation is based on the homestead use right certificate and the housing surveying and mapping data of the land department, and the compensation amount shall not be lower than the market of similar real estate of the expropriated house on the date of the announcement of the housing expropriation decision**. Calculation standard of compensation for house demolition:

1. Monetary compensation for demolition = legally owned property appraisal** + agreed compensation amount for house decoration and decoration (or compensation amount for house decoration and decoration determined by assessment). 2. The difference in compensation for relocation = assessment 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 are exchanged by the demolished person**.

Legal analysis: (1) Housing compensation fee (house replacement fee): to compensate the loss of the owner of the demolished house, according to the structure and depreciation degree of the demolished house, calculated according to the unit price of square meters.

2) Revolving compensation: It is used to compensate for the inconvenience of temporary living or self-seeking temporary residence for the residents of the demolished houses, and is classified according to the temporary living conditions, and the monthly subsidy is given according to the population of the households of the demolished houses.

3) Incentive compensation. Calculation formula: house demolition compensation price = homestead location compensation price homestead area + demolished house reset to new price.

As long as they meet the conditions, the demolished persons who receive monetary compensation are also entitled to various hardship subsidies, demolition incentives, losses from suspension of production and business, as well as compensation for special repairs of houses and relocation of household appliances.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land

Article 17 The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes:

1) Compensation for the value of the expropriated house;

2) Compensation for relocation and temporary resettlement caused by the expropriation of housing;

3) Compensation for the loss of production and business suspension caused by the expropriation of housing.

The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

Article 18 If the expropriated person meets the requirements 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 by the competent department of housing and urban-rural construction, in the process of formulation, should be open to the public to solicit opinions.

Legal analysis: According to the laws and regulations of our country, the person being demolished shall pay compensation for the demolition and relocation in accordance with the demolition standards and standards stipulated by the house owner. Generally, there are the following situations:

1. Housing compensation fee, which is used to compensate for the loss of the owner of the demolished house; 2. Revolving compensation is used to compensate for the inconvenience caused by temporary housing or temporary residence of residents of the demolished houses; 3. Incentive compensation is used to encourage residents of demolished houses to actively assist in house demolition or give up part of their rights, such as voluntarily relocating to the suburbs or not requiring the demolished unit to resettle housing.

Legal basis: Regulations of the People's Republic of China on the expropriation and compensation of houses on state-owned land Article 2 For the needs of the public interest, the expropriation of the houses of units and individuals on state-owned land shall give fair compensation to the owner of the expropriated house and the person who is referred to as the person who has been consolidated and expropriated.

Unable to live and consume rent).

Legal analysis: The compensation standard for rural relocation houses needs to be determined according to the local regulations, and the compensation amount of the bridge body needs to be consulted with the local ** demolition team, and the standards vary from place to place. The compensation ** shall be determined with reference to the market assessment of the resettlement housing in the same lot**.

Legal basis: Notice of Jinan Municipality on Further Regulating the Compensation for the Expropriation, Demolition and Resettlement of Residential Buildings on Collective Land

Article 3 Encourage the expropriation and demolition of residential buildings on collective land to adopt the method of monetized resettlement. If monetary resettlement is chosen, monetary compensation shall be given to trillions of trillions according to the area to be resettled, and the compensation shall be determined with reference to the market assessment of resettlement housing in the same area.