Compensation mode
I. Monetary compensation
Monetary compensation is a professional evaluation of the demolished houses by professional evaluation institutions according to different legal basis, and a well-documented multi-compensation amount is generated. There are three statutory assessment criteria:
Market evaluation price: refers to the real estate market price of the demolished house. It is an activity that professional appraisal institutions that meet the requirements, follow the appraisal principles and follow the appraisal procedures, choose appropriate appraisal methods, comprehensively analyze the factors that affect the real estate price, and estimate and judge the objective and reasonable price or value of real estate at the appraisal time.
Average transaction price of commercial housing: refers to the average transaction price of ordinary residential commercial housing in the same region and type, which is regularly summarized, calculated and published by relevant departments every quarter.
Replacement price: refers to the normal price of a new building with the same function and use as the appraised object determined by the appraisal institution according to the price level at the appraisal time by using the building materials and construction technology at the appraisal time.
The above three prices are the legal basis for compensation for demolition, but they have different uses and are applicable to different situations.
Second, the replacement of property rights
Property right replacement is also called property right replacement. According to different evaluation methods, there are two alternative methods. Value standard property right replacement refers to the evaluation of the property right value of the demolished house according to legal procedures, and then the equivalent replacement of the value with the property right of the newly-built house. Area standard property right exchange refers to the exchange of property rights in different places based on the construction area and without settlement of the price difference within the resettlement area.
Property rights replacement is divided into two forms:
Relocation: It means that because the developer's project does not involve housing or because of the plot ratio of the plot, it is impossible to relocate, so he can only choose to build resettlement houses on other plots, and then try to replace the equivalent property rights through the increase or decrease of property rights.
Relocation and resettlement: refers to the relocation and resettlement of the developer's demolition and reconstruction project, which can be completed through the proportion of property rights replacement.
The concept of demolition freezing
The freezing of demolition refers to that the demolition has been decided, but before the demolition, it is necessary to evaluate the real estate in the demolition area in order to give the owner the corresponding compensation or resettlement plan. During this period, the so-called freezing means that the property owner is prohibited from changing the area and ownership of the property during the freezing period, and the population is prohibited from sneaking into the account where the property is located. The freezing period of demolition is different, which may be frozen for one to two years because the resettlement funds are not in place. The demolition must be carried out. The rest is a matter of time.
The time node of demolition and freezing is the date when the municipal government announces the construction notice or the pre-announcement of land acquisition.
The role of demolition freezing
Demolition and freezing is to facilitate the land planning department and the housing management department to make overall planning for the population in this area. Its actual functions are as follows:
1. Divide residents in this area according to whether they are divorced or widowed and whether they have reached the legal age for marriage.
2. The freezing date of demolition shall prevail, and the new part shall be compensated according to whether it is built or rebuilt without authorization afterwards.
3. Take the freezing date of demolition as the standard, and make house compensation according to whether the demolished house exceeds the approved service life.
4 to determine whether the house can be transferred, leased or mortgaged on the basis of the freezing date of demolition.
5. Take the freezing date of demolition as the standard to determine whether the household registration can be changed to households, households and households.
Demolition compensation process
(a) the demolition permit for the demolition of houses.
(two) the house demolition management department shall make an announcement to the public according to the contents of the house demolition permit.
(three) the housing demolition management department and the demolition to the demolition, housing tenant to do a good job of publicity and explanation.
(four) to determine the demolition compensation standard and resettlement plan. Generally speaking, illegal buildings and temporary buildings that exceed the approved period will not be compensated. Compensation for demolition can be divided into general compensation and special compensation. Generally speaking, compensation is divided into monetary compensation, house property right exchange and price difference settlement, and the demolished person can choose the compensation method. Under special circumstances, if the compensation for the demolished person cannot be selected, either only monetary compensation or only house property rights exchange and settlement of the difference.
(five) the demolition and demolition, housing tenant reached a demolition compensation and resettlement agreement.
(six) the demolition ruling.
(7) Forced demolition. Before compulsory demolition, the demolished person has the obligation to apply to the notary office for evidence preservation on matters related to house demolition.
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