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Compensation Standard for Urban House Demolition in Huangshi City

Twenty-sixth housing demolition can be monetary compensation, but also the implementation of property rights exchange. Unless otherwise stipulated by laws, regulations and rules, the person to be demolished may choose the compensation method for demolition.

Demolition of illegal buildings and temporary buildings exceeding the approved use period will not be compensated.

Demolition of temporary buildings that do not exceed the approved service life, according to the remaining years after deducting the approved service life, the compensation residual value is evaluated according to the replacement cost method.

Twenty-seventh monetary compensation, monetary compensation amount is determined by the real estate market evaluation price.

The evaluation price of the real estate market of the demolished houses and houses with property rights exchange shall be determined by taking the real estate market guidance price as a reference and comprehensively considering the location, use, building area, building structure, development, floor, depth and height of the real estate. Specific standards shall be formulated by the municipal housing demolition management department in conjunction with the municipal price department and published at least once a year.

Twenty-eighth the implementation of property rights exchange, the demolition and demolition should be in accordance with the provisions of Article 27 of these rules, calculate the amount of compensation for the demolition of housing and the price of housing exchange, and settle the price difference of property rights exchange.

Demolition of attachments to non-public housing, no property rights exchange, the demolition of appropriate compensation.

Twenty-ninth demolition of public welfare houses shall be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or monetary compensation shall be given.

Thirtieth demolition of rental housing, the demolition of housing tenant to terminate the lease relationship, or the demolition of housing tenant resettlement, the demolition of compensation for the demolition. If the demolished person and the lessee cannot reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person. If the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee.

Article 31 the demolition of residential buildings directly under the municipal government and run by units (including the original self-run residential buildings after restructuring) shall be compensated according to different rights and interests in accordance with the following provisions:

(1) The owner of the demolished house gets 30% compensation of the appraised price of the real estate market, and the lessee of the demolished house gets 70% compensation of the appraised price of the real estate market.

(II) Where the lessee of the house to be demolished has purchased public houses, affordable housing or participated in fund-raising housing construction, if the demolition construction area is within the difference between the purchased construction area (and the construction area enjoying monetary housing subsidies) and the construction area stipulated in the housing reform policy, compensation shall be made according to 70% of the assessed price of the real estate market; The excess is compensated by 20% of the appraised price of the real estate market.

(three) the lessee belongs to the lonely, old, disabled or identified by the civil affairs department as a poor household with no economic source, and the property right exchange is implemented, and the house with property right exchange is rented by the original lessee; Property rights exchange housing construction area of less than 30 square meters per household, after the exchange should be not less than 30 square meters.

Thirty-second houses are divided into residential and non-residential, and their use and construction area shall be subject to the records in the house ownership certificate; If the house ownership certificate is not handled, the legal certificate approved by the urban planning management department shall prevail.

The use of public houses directly under the municipal government is determined according to the lease certificate. If the original approved residential house is changed into non-residential house without authorization, it shall be determined according to the residential house, and appropriate compensation shall be given to the operating part through consultation.

Thirty-third in the transition period agreed in the demolition compensation and resettlement agreement, the demolition or housing tenant to arrange accommodation, the demolition should pay temporary resettlement subsidies; If the demolished person or lessee uses the demolished person to provide the revolving house, the demolished person will not pay the temporary resettlement subsidy.

The demolisher who carries out monetary compensation does not pay temporary resettlement subsidies to the demolished person or the lessee.

If there is no transition period stipulated in the demolition compensation and resettlement agreement, the transition period is 18 months.

Article 34 The relocation subsidy, temporary resettlement subsidy and economic losses caused by the removal of non-residential houses, as well as the cost standards for relocation, installation and transition, shall be formulated by the municipal price department jointly with the municipal housing removal management department and adjusted in time.

Thirty-fifth demolition shall not extend the transition period without authorization, and the users of the revolving house shall vacate the revolving house on time.

If the transition period is extended due to the responsibility of the demolisher, the temporary resettlement subsidy will be increased from the month overdue for the demolisher or the lessee who arranges his own residence; The user of the revolving house shall pay the temporary resettlement subsidy from the overdue month.

Thirty-sixth resettlement housing provided by the demolition should be in the urban planning area, and comply with national laws, regulations and relevant mandatory technical design specifications and quality and safety standards.

Article 37 If the government implements projects such as land reserve, public facilities construction, and renovation of dilapidated houses in cities, and the nature of the newly-built houses after demolition is not suitable for in-situ check-out, the demolished person shall obey the check-out in different places or choose monetary compensation.

Thirty-eighth by the city housing demolition management department to confirm the housing demolition compensation and resettlement agreement, the demolition or housing tenant to choose monetary compensation for the purchase, shall be exempted from the original demolition construction area deed tax; If the property right exchange is selected, the part of the house exchange price that does not exceed the assessed price of the demolished house real estate market shall be exempted from deed tax.

Thirty-ninth the price assessment of the demolished houses and houses with property rights exchange shall be undertaken by institutions with real estate price assessment qualifications; The determination of the demolition appraisal institution shall be open and transparent, and shall be carried out by means of voting by the demolition person or drawing lots by the demolition parties; After the demolition appraisal institution is determined, it is generally entrusted by the demolition, and the client shall sign a written demolition appraisal entrustment contract with the appraisal institution; The appraisal report must be signed by a professional real estate appraiser. The technical specifications for price evaluation, dispute handling procedures and relevant management regulations of house demolition shall be implemented in accordance with the relevant provisions of the state, province and city.

Fortieth city housing demolition management department shall set up an expert committee on housing demolition valuation, provide technical guidance on the demolition valuation, and conduct technical appraisal on the demolition valuation according to the application of the demolition parties.

The expert committee on house demolition appraisal is composed of appraisers with national registered real estate appraisal qualifications, appraisers who have been engaged in real estate appraisal for more than six years with the approval of the provincial construction administrative department, senior lawyers and urban planning experts.