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The compensation for the second demolition is as follows:
1. The housing compensation fee shall be classified according to the structure and depreciation degree of the house to be demolished, and shall be calculated according to the unit price of square meters;
2. The turnover compensation fee shall be classified according to the temporary living conditions, and the monthly subsidy shall be given according to the population of the households of the demolished houses;
3. The incentive compensation fee shall be determined by the local people according to the actual local situation and the relevant laws and policies of the state.
What are the precautions for house demolition.
The precautions for house demolition are as follows:
1. Form and amount of compensation;
2. Payment method and payment term;
3. The area, location and level of the housing for resettlement;
4. Relocation transition method and transition period;
5. Liability for breach of contract and other related real-time demolition policies.
[Legal basis].Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.
The compensation given 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 or 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.
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First, there is no distinction between the first and second times of demolition, as long as it is demolished, it is subject to the local demolition compensation policy, and if the parties are not satisfied with the compensation standard for demolition, they can negotiate with the relevant staff to solve the problem, and if the negotiation fails, they can ask a third party to mediate or sue.
Second, the house demolition procedure:
1) Obtain a house demolition permit: The unit that demolishes the house shall apply to the people's housing demolition management department of the city or county where the house is located to obtain a house demolition permit.
2) Issuance of demolition notice: The housing demolition management department issues a demolition announcement to announce to the public the demolition person, the scope of demolition, and the demolition period specified in the demolition permit.
3) Conclude a compensation and resettlement agreement for demolition and relocation, and carry out demolition and relocation: The demolition party and the person being demolished shall enter into a compensation and resettlement agreement on matters such as the compensation method and amount, the area of resettlement housing and the resettlement location, the relocation period, the relocation transition method and the transition period.
1. If the two parties fail to reach an agreement on compensation and resettlement for demolition, the housing demolition management department shall make a ruling upon the application of the parties. If they are not relocated within the time limit for relocation specified in the ruling, the people of the city or county where the house is located shall instruct the relevant departments to compel demolition, or the housing demolition management department shall apply to the people's court for compulsory demolition. Before compulsory demolition, the demolition party shall notarize evidence on matters related to the demolished house.
2. If the two parties reach an agreement on compensation and resettlement for demolition, and the person being demolished or the tenant refuses to relocate within the relocation period agreed in the agreement, the demolition party may apply to the arbitration commission for arbitration or file a lawsuit with the people's court. During the litigation period, the demolition party may apply to the people's court for enforcement in advance.
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The standard of compensation for the second relocation is Chi Huaizi.
Legal Analysis: The compensation for the second demolition is the same as the compensation for the first demolition. If the construction time of the house is less than five years, there is a proportional increase in the compensation value (which varies by region).
The compensation standard for demolition will vary from place to place, and the local compensation method for demolition shall prevail. It is recommended to consult the demolition and relocation management department of the city where it is located for specific demolition compensation methods, including demolition policies and calculation standards for demolition compensation.
Legal basis: According to Article 2 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, for the needs of the public interest, the owner of the expropriated house (hereinafter referred to as the expropriated person) shall be fairly compensated for the expropriation of the houses of units and individuals on state-owned land.
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