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Anonymous users2024-02-121. What is the compensation standard for the demolition and construction of commercial buildings?
1. The compensation method for the demolition of commercial housing 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 temporary residence of 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 residents 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.
2. Legal basis: Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.
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.
2. What is included in the compensation to be paid to the owner or user of the house to be demolished.
Compensation to be paid to the owner or occupant of the house to be demolished includes:
1. Housing compensation. It is used to compensate for the loss of the owner of the demolished house, and is classified according to the structure and depreciation degree of the demolished house, and calculated according to the unit price of square meters;
2. Turnover compensation. It is used to compensate for the inconvenience of temporary housing or temporary housing 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 residents of the demolished houses;
3. Incentive compensation. It 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 asking the demolished units to resettle housing, etc., to give some compensation.
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Anonymous users2024-02-11Legal analysis: According to the local regulations, the compensation standard for each piece of land in each region is different, and it is necessary to consult the demolition team of the city divided into districts. For example, if Jinan chooses to resettle on the basis of the number of resettled population, multi-storey buildings will be resettled according to the per capita construction area of 40 square meters, small high-rise buildings will be resettled according to the per capita construction area of 43 square meters, and high-rise buildings will be resettled according to the per capita construction area of 47 square meters, under the condition of fully considering the apportionment of public area.
If monetary resettlement is chosen, monetary compensation shall be given according to the area to be resettled, and the compensation shall be determined with reference to the market assessment of the resettlement housing in the same location.
The basis of the law of leniency:
Article 2 of the Notice on Further Regulating the Compensation for the Expropriation, Demolition, Resettlement and Resettlement of Residential Buildings on Collective Land: Further standardize the method of residential expropriation, demolition, resettlement and resettlement based on the number of resettled population. According to the "Opinions of the People of Jinan City on Accelerating the Transformation of Urban Villages" (Ji Zheng Fa 2014 No. 7) to implement the urban village transformation project, the number of resettled population is selected as the basis for the resettlement of imitation cars, and under the full consideration of the public area apportionment, multi-storey buildings are resettled according to the per capita construction area of 40 square meters, small high-rise buildings are resettled according to the per capita construction area of 43 square meters, and high-rise buildings are resettled according to the per capita construction area of 47 square meters.
Article 3 of the Notice on Further Regulating the Compensation for the Expropriation, Demolition, Resettlement and Resettlement of Residential Buildings on Collective Land: 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 according to the area to be resettled, and the compensation shall be determined with reference to the market assessment of the resettlement housing in the same location.
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