Second, Shenzhen property rights exchange compensation:
1. Shenzhen housing value compensation standard:
The housing compensation here refers to the compensation for the value of the buildings on the expropriated state-owned land, which is not lower than the similar market price of the expropriated houses on the date of the announcement of the house expropriation decision, and an appraisal agency with appraisal qualification is invited to make an appraisal and determination. The market price here, the prefecture-level city government departments will formulate the corresponding housing market price list according to the annual residential housing market price law for local residents' reference. For example, the Shijiazhuang Municipal People's Government publishes the price list of residential housing market in Shijiazhuang demolition area every year in response to the three-year policy of great change. If you don't know the price of the demolished houses in your area, you can consult the local government construction department or ask for materials. If there is any objection to the evaluation of determining the value of the house, the evaluation can be reviewed. If there is any objection to the evaluation results, it may apply to the evaluation expert committee for re-evaluation.
Two, Shenzhen relocation fee and temporary resettlement fee (commonly known as the transition fee)
For relocation expenses and temporary resettlement expenses, cities generally determine the specific amount and calculation method. For details, please refer to the standards issued by various places. The compensation standards listed by the author here are calculated according to the way that the demolished people move and transition by themselves. If the demolisher provides the revolving house, there is no need to pay the temporary resettlement fee. Take Shijiazhuang as an example (self-relocation): 20 12 relocation fee 20 yuan /m2, calculated twice; The temporary resettlement fee (transition fee) is calculated according to 25 yuan /m2, and it will be increased by 50% every month if it is overdue within 12 months, by 75% from 13 months if it is expected to be less than 24 months, and by 100% from the 25th month if it is overdue for more than 24 months.
Three, Shenzhen production and operation loss compensation
This fee is the compensation for non-residential buildings and business buildings. Because it is a case, the compensation standard cannot be unified. Generally determined by the relevant parties through consultation. If negotiation fails, it can be entrusted to a real estate price assessment agency for assessment and determination.
Four, Shenzhen demolition subsidies and incentives
Subsidies include hardship subsidies and joint venture subsidies. Hardship allowance is a subsidy for the poor, which is determined according to the standards issued by the local government; Pooled subsidies will provide additional subsidies to all the houses that have been demolished, and pool subsidy standards will also be issued. For example, Shijiazhuang released the benchmark subsidy coefficient of the houses expropriated in Shijiazhuang urban area. Reward refers to the extra compensation paid to the demolished person to encourage the demolished person to move in time. The specific standards vary from place to place, but the fee is not mandatory, and it depends on local policies.
5. Compensation for house decoration and household appliances relocation in Shenzhen
Housing decoration compensation is also negotiated by both parties first, and negotiation cannot be decided by the evaluation agency. The relocation of household appliances is also implemented with reference to the above measures. However, in order to be unified and convenient, counties and cities will issue specific compensation standards according to market prices, and the specific amount will be subject to the compensation standards issued at the time of release.
Three, Shenzhen demolition monetary compensation:
First, housing value compensation.
The compensation standard is the same as the property right exchange, but one item is added: when calculating the compensation, the pool subsidy area is included and the price is calculated together.
Second, the temporary resettlement fee and relocation fee
According to the above standards, only 12 months temporary resettlement fee is paid, and the relocation fee is the same as that for property right exchange.
Third, other compensation items.
As long as the monetary compensation is met, the relocated people can also enjoy various difficulties subsidies, relocation incentives, losses caused by suspension of production and business, special housing compensation, household appliances relocation and so on.
1, compensation for house removal on collective land
At present, the contradiction of collective land expropriation is becoming more and more prominent. China has not yet formulated a normative law and regulation on collective land and housing expropriation. The compensation standard of rural land expropriation is still scattered in land management law and local laws and regulations, but the compensation standard is low, which obviously does not conform to the reality of rural economic development. The relevant national legal departments are working on it, and the specific implementation time is still unknown. In order to facilitate the demolition work, counties and cities have formulated and improved corresponding compensation standards according to national laws and regulations. For example, Hebei Province issued Document No.32 (2008). Rural land acquisition and demolition include agricultural land and homestead, as follows:
2, rural homestead housing compensation
Because the state is working hard to formulate new compensation standards for collective land and house expropriation and demolition, compensation is still made in accordance with effective laws and regulations, and the houses on the homestead are only compensated as appendages. I believe that after the introduction of the new regulations, we may make full reference to the compensation items of state-owned land and houses, and we will wait and see. Here I simply estimate the compensation items: 1, homestead compensation fee; 2. Housing compensation fee and decoration fee; 3. Resettlement and relocation expenses; 4. Difficult subsidies and rewards; 5. Relocation compensation for various household appliances in the house; 6. Compensation for operating losses of non-residential houses, etc.
Four, compensation for farmland expropriation:
1. land compensation fee: calculation method: the standard of land compensation fee is the land acquisition price (area price) of each region set by each government according to the local conditions multiplied by the land acquisition area. Unused land is executed at 60% of the area price. See the Notice of Hebei Provincial People's Government on Implementing Piece Price in Land Requisition Areas for the piece price in Hebei Province. If it is levied according to the needs of national projects, it will be implemented in accordance with the newly introduced policies. If there are no specific rules, the land compensation fee is generally paid according to 16 times of the average annual output value of the expropriated cultivated land in the first three years. In principle, 20% of the land compensation fee belongs to the village collective and 80% to the contractor.
2. Resettlement subsidy: This compensation item is generally calculated in combination with the land compensation fee stipulated in Document No.238 of the Ministry of Land and Resources (2004), and the total land compensation fee and resettlement fee is calculated at 30 times. If calculated separately, the standard of resettlement subsidy is 14 times of the average annual output value of the expropriated cultivated land in the first three years. This fee is specially used to subsidize those who need to be resettled. The village collective organization is responsible for the resettlement of land-expropriated personnel, and the expenses shall be uniformly used and resettled by the village collective.
3. Young crop compensation fee or attachment compensation fee: Young crop compensation fee is calculated according to the output value of crops in the current season at the time of land acquisition. The compensation fee for ground attachments is also issued by the community municipal government, and there are specific compensation standards. Taking Shijiazhuang City as an example, the Shijiazhuang Municipal Government issued the Notice on the Compensation Standard for Collecting Young Crops on Collective Land and Attachments to Buildings on the Ground in Shijiazhuang City in document No.27 (2007). Other cities and counties also have this regulation. The expropriated person can calculate these two expenses according to this standard. It should be noted that the two expenses are owned by the land contractor or the owner of the attached object, and the collective organization cannot ask for division.
Fifth, compensation for the reconstruction and demolition of villages in Shenzhen.
The reconstruction of villages in cities is a policy advocated by the government in recent years to improve urban functions and improve urban environment. Its demolition is essentially different from house demolition on state-owned land and rural collective land demolition. The reconstruction and demolition of villages in cities is a combination of government advocacy, developer investment and villagers' independent demolition, and the main body of demolition is village collective organizations' independent demolition. The expropriation and demolition of state-owned land and rural collective land are carried out in the name of the government, and the main bodies of the demolition are essentially different. The compensation items for the reconstruction and demolition of villages in cities vary from village to village. According to their own conditions and economic conditions, the villagers' assembly or villagers' meeting will determine the compensation scheme through discussion. But in general, it can be divided into the following items:
1. Replacing a 300-square-meter high-rise residence with a homestead: This is the compensation method advocated and decided by the Shijiazhuang Municipal Government, which is the bottom line and cannot be lower than this standard. Of course, the villages basically follow this standard, and some villages even raise the compensation standard, such as giving the villagers of collective organizations 300 square meters of interior area.
2. Temporary resettlement fee and relocation fee: the temporary resettlement fee is calculated as 15 yuan /m2, and the relocation fee is calculated as 10 yuan /m2, which is calculated twice; This is the standard as of 20 1 1. However, the recent expropriation and demolition of state-owned land has increased these two quantities. The compensation for the reconstruction of villages in cities will definitely be improved accordingly with reference to this standard.
3. Compensation and decoration payment for above-ground houses: There is no specific standard for reference, and it is generally determined by the evaluation agency. Of course, assessment agencies have specific standards. The compensation for interior decoration is basically the same.
4. Loss of production and business suspension: This expense is mainly used to compensate the business premises. For example, the losses compensated by curtain along the street, enterprises or companies in urban villages during the period of suspension are generally determined through negotiation or evaluation.
Five, the demolition reward: each village to develop their own village reward standards, can not be unified.
6. Electrical appliance transfer fee: generally compensated according to the market price. Current home appliance transfer fee: an air conditioner in 200 yuan; Cable TV1every household in 50 yuan; Telephone transfer to 88 yuan; Water heater 100 yuan, and so on. If the market price rises in the process of demolition, the compensation will be increased accordingly.
Seven. Other compensation or subsidies: On the basis of the above standards or with reference to the above standards, each village will pay and compensate the needy households separately, which will be determined by the main collective organizations of each village through the compensation scheme, depending on the situation of the village.
legal ground
regulations on the expropriation and compensation of houses on state owned land
Article 26 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of this Ordinance, and make an announcement within the scope of house expropriation.
The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 25 of these Regulations.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.