Hello! About "Sanming" you consulted Demolition The reply to the question "Resettlement" is as follows: (1) Calculation standard for housing demolition and resettlement compensation
(1) Monetary compensation for house demolition=the assessed price of legally owned house property+the agreed compensation amount for house decoration (or the compensation amount for house decoration determined by assessment)
(2) Compensation for house demolition Price difference=the appraisal price of the legally owned house+the agreed compensation amount for the house decoration or the compensation amount for the house decoration determined by the appraisal) - the appraisal price of the house whose property right is changed by the demolished removed person
(2) Calculation standard of housing resettlement fee
(The relocated person or lessee) resettlement fee=relocation subsidy+temporary resettlement subsidy in case of no provision of revolving housing+temporary resettlement subsidy beyond the transitional period+compensation for losses caused by the suspension of production and business of non residential housing
1. If the demolisher provides revolving houses and the demolishing house user lives, the subsidy in the second item of the formula is 0;
2. If the house to be demolished is a residential house, the fourth compensation in the formula is 0;
3. The relocated person receives compensation, indicating that the house is for his own use.
(3) Other housing demolition standards
I Homestead Location compensation
The location of farmers' homestead in Jiang'an, Jianghan, Qiaokou, Hanyang, Wuchang, Qingshan, Hongshan District, Wuhan Economic and Technological Development Zone and Wuhan East Lake New Technology Development Zone (including the trusteeship zone) is divided into three categories according to the overall urban planning of Wuhan:
Class I area is within the Second Ring Road (including the Second Ring Road). According to the city's traffic planning, the second ring road is 52 kilometers long, with an average distance of 4 kilometers from the inner ring road, including Hanyang Sixin and the river crossing section, Shisheng section, Hanxi section, Fazhan Avenue section, Shuidong Road and the river crossing section, East Lake section, Luoshi section, Qingling section, and Yangsigang and Erqi Road two river crossing tunnels.
Class II area is the area between the Second Ring Road and the Third Ring Road (i.e. the Middle Ring Road). The Third Ring Road is about 88 kilometers long, divided into West Ring Road, South Ring Road, East Ring Road and North Ring Road, including Baishazhou and Tianxingzhou Yangtze River Bridges. The west ring section is from Ertouwan in Dongxihu District to Qingling Flyover in Hongshan District, the south ring section is from Wuxian Highway in Hongshan District to Wuhuang Highway, the east ring section is from Wuhuang Highway to Pingpingpu via Wuqing Third Trunk Road Flyover, and the north ring section is from Pingpingpu in Xingzhou District to Ertouwan Flyover via Daijiashan, Sanjintan, Gutian 1st Road.
Class III area refers to the area outside the Third Ring Road (including the Third Ring Road).
The compensation price for the homestead site is the product of the recognized legal floor area of the house and the compensation price standard for the homestead site. Among them, the standard of compensation price for housing sites in Class I area is 2280 yuan/square meter, the standard of compensation price for housing sites in Class II area is 1920 yuan/square meter, and the standard of compensation price for housing sites in Class III area is 1500 yuan/square meter.
2、 House replacement price
(Unit: yuan/square meter building area)
Steel concrete structure: 830 -- 1150 yuan;
Brick structure: 570 -- 710 yuan;
Brick wood structure: 420 -- 680 yuan;
Simple structure: 340 yuan
(4) Relevant regulations on housing demolition compensation
1、 About Relocation compensation Problems.
The "Regulations on the Administration of Urban Housing Demolition" promulgated by the State Council on June 6, 2001 has only provisions in principle. Article 22 of the Regulations stipulates: "The demolishing removing personnel shall compensate the demolished removed personnel in accordance with the provisions of these Regulations. No compensation shall be given for the demolition of illegal buildings and temporary buildings that exceed the approved time limit; appropriate compensation shall be given for the demolition of temporary buildings that do not exceed the approved time limit." As for the way of demolition compensation, according to Article 23 of the Regulations, In addition to special circumstances such as demolition of public welfare houses and rental houses, "monetary compensation may be applied in the form of demolition compensation, or the exchange of property rights of houses may be applied." According to the provisions of Article 24 of the Regulations, "the amount of monetary compensation shall be determined according to the location, use, construction area and other factors of the demolished houses, and the real estate market evaluation price.
The specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. " Therefore, the relocation compensation you are concerned about should be determined according to the relocation compensation method of Guangdong Province.
With regard to disputes in demolition, if the demolished removed person fails to reach an agreement with the demolished removed person on such matters as the relocation period, compensation method, compensation standard, and the relocation transition method and transition period, they can apply for an administrative ruling. According to the provisions of the Working Regulations on Administrative Adjudication of Urban Housing Demolition, the administrative departments of urban housing demolition under the people's governments of cities and counties are responsible for the administrative adjudication of urban housing demolition within their own administrative areas. The administrative department of housing demolition and removal and its staff shall, in accordance with relevant laws statute It stipulates that administrative adjudication shall be performed according to law.
If the parties involved in the demolition are not satisfied with the above administrative rulings, citizens, legal persons or other organizations are not satisfied with the rulings on housing demolition, compensation, resettlement and other issues made by the people's government or the urban housing administrative authority in accordance with the provisions of the 1996 Reply of the Supreme People's Court on the Acceptance of Housing Demolition, Compensation, Resettlement and Other Cases, Can file an administrative case with the people's court according to law litigation 。 If there is a dispute between the demolisher and the demolished removed person over housing compensation, resettlement and other issues, or after the parties reach an agreement, one or both parties go back on their words and, without the ruling of the administrative organ, only on housing compensation, resettlement and other issues, can bring a civil lawsuit to the people's court according to law.
2、 On the issue of certificate handling.
According to the Regulations on the Administration of Urban Housing Demolition, "The relocated person referred to in these Regulations refers to the owner of the demolished house." The regulations do not further clarify the concept of owner. We believe that even if the demolition fails housing ownership As long as the party concerned has actually purchased the house, he shall be compensated. However, obtaining the house ownership certificate is an important document for determining the house ownership House transfer Therefore, in order to facilitate the exercise of your rights, we recommend that you handle the housing ownership certificate.
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