How to compensate for street demolition?

1、 If the street Demolition How to compensate?

1. The unit with legal evaluation qualification shall conduct on-site evaluation before housing demolition, measure according to the actual situation, and comprehensively evaluate according to the material, construction technology, newness rate and other factors. The decoration items, special materials and construction processes not covered in the compensation price list shall be comprehensively evaluated according to the combination of the decoration market price and the newness rate and other factors at the time of evaluation.

2. In order to prevent surprise decoration and reduce waste, the decoration compensation shall be made up to 1400 yuan per square meter based on the area of the main room (450 square meters if more than 450 square meters), and the actual compensation shall be made if more than 1400 yuan per square meter is assessed. The decoration unit price of the main room can be calculated by layers. If there is no abnormal decoration, a reward of 200 yuan per square meter will be given according to the approved area of the main room (including the virtual supplementary area); No reward will be given for abnormal decoration and malicious decoration, and appropriate compensation will be given at a discount of 30% of the assessed price; The reward for real decoration is generally 15% of the total compensation for the decoration of the main house after the removal of abnormal decoration.

3. The decoration of the house of the demolished and removed person must be kept in its original state after assessment, and shall not be demolished, changed or damaged. In case of any loss or damage during vacating, the corresponding compensation fee shall be deducted.

Relocation, transition and other compensation

1. The transition mode is in the form of issuing transition fees, and the relocated people will transition by themselves. The transition fee is paid at the standard of 600 yuan per person per month for the permanent population. The transition period is tentatively set as two years and is paid in a lump sum. The transition fee for more than two years shall be doubled according to the original standard, and the doubled transition fee shall be paid every six months. The transition period starts from the date when the vacated house is turned over and accepted to《 Placement of the housing Four months after the date of delivery as determined in the Notification of Number Drawing and Location.

2. The relocation fee shall be paid at a lump sum of 5000 yuan per household.

3. Telephone relocation fee is 208 yuan/time for each household number, 150 yuan/time for wall mounted air conditioner, 200 yuan/time for vertical air conditioner, 200 yuan/time for solar water heater, 100 yuan/time for other water heaters, and 208 yuan/time for broadband network relocation. Self transition is calculated as two times. The monitoring compensation is 1650 yuan/group, the air energy water heater is 800 yuan/set, the infrared alarm is 300 yuan/group, and the self transition is calculated as a single time;

4. PV equipment shall be compensated after deducting residual value according to market price evaluation; For special equipment such as central air conditioner and domestic elevator, compensation shall be assessed according to equipment relocation.

If the parties concerned agree through consultation, their agreement shall prevail. The minimum monetary compensation price of the demolished houses shall be built according to the location of the demolished houses Commercial housing 90% of the market evaluation price. The standard of relocation subsidy: the housing relocation subsidy is 350 yuan per household. If the turnover transition is required, the relocation subsidy should be calculated twice. Non residential buildings shall be calculated according to the actual expenses incurred. Standard of operating subsidies: according to the different purposes (such as office, public welfare, production, commerce, etc.) and locations of the demolished houses, operating subsidies will be compensated by 30-50 yuan/square meter of building area per month. In case of exchange of house property rights, if both parties agree in the contract, the agreement shall prevail. If there is no agreement in the contract and monetary compensation is implemented, a one-time subsidy shall be given for 10 months. Standard of entrusted demolition fee: for government invested and public welfare demolition projects, the entrusted demolition fee is 30 yuan per square meter of building area; The demolition project for commercial development shall be negotiated between the demolisher and the entrusted demolition unit.

II Relocation compensation What are the characteristics of the resettlement agreement?

1、 Compensation for house demolition The resettlement agreement is a legal act of both parties of housing demolition. The agreement relationship mainly involves the parties involved in the house demolition. If there is only one party, the agreement relationship cannot be established.

2. The legal status of the parties involved in housing demolition is equal. First, no matter the economic strength and political status of both parties, neither party is allowed to impose its will on the other party; The second is to reflect the reciprocity of the rights and obligations of housing demolition, that is, when one party obtains a right from the other party, it also assumes corresponding obligations. Any agreement that is manifestly unjust is revocable.

3. The agreement must be the legal act of both parties of housing demolition. The so-called legal act refers to the demolition of houses statute The act of performing according to specified requirements. If the qualification of the party concerned, the social organization as the house Demolition Agreement The party concerned must have the status of a legal person; The undertaker shall sign an agreement with a legal person or Legal representative Certificate of authorization; entrust agent Legal procedures are required for the conclusion of an agreement; When signing the agreement, the demolished removed person shall issue legal documents such as the certificate of property right and the certificate of use right. Any agreement entered into in violation of laws and regulations and by means of fraud is invalid.

4. The agreement on compensation and resettlement for housing demolition is a document with legal effect. Its rights are protected by law after they are created according to law; After its obligations are generated according to law, it is forced by law. Secondly, the agreement concluded in accordance with the law must be carefully observed, and neither party has the right to change or terminate it without authorization. Then there are disputes in the performance of the agreement, and the terms of the agreement are the main basis for resolving disputes.

5. The agreement on compensation and resettlement for housing demolition is a kind of double duty paid agreement. The parties to the agreement enjoy certain rights and bear corresponding obligations according to the agreement.

6. The housing demolition and resettlement agreement must be in written form.

3、 How is the process of street demolition carried out?

1. Suspension of publicity

The competent department of construction shall issue a document requiring suspension within the scope of demolition Household registration migration The project of house reconstruction, addition and expansion is the suspension of publicity, which needs to be announced on relevant occasions, and the publicity period cannot exceed one year.

2. Household survey and evaluation

After determining the scope of demolition, the demolisher needs to go through some relevant procedures and documents. Generally speaking, the two planning documents, namely, the Permit for Construction Land Planning or the Permit for Construction Project Planning, need to be obtained, so the premise and basis for demolition are legally available. After that, the demolition can be carried out. The first step of demolition work is to conduct household survey, that is, to conduct household survey on the site. Usually, several units go to the household survey at the same time, including demolition company, assessment company, owner unit, demolition personnel, etc. Demolition companies conduct population and household survey; The evaluation company is the on-site investigation of the evaluation, and takes photos and records according to the evaluation rules.

3. Office calculation

In fact, the appraisal company conducts internal transportation and data calculation, and calculates a rough preliminary appraisal price according to the field survey data.

4. Formulate demolition implementation plan

The demolishing personnel need to understand the approximate amount of compensation within the scope of demolition through the preliminary field survey and office calculation by the evaluation agency, and prepare the demolition investment budget plan. At the same time, the demolition compensation scheme shall be formulated, which is monetary compensation or material compensation, how much money compensation needs to cost, and the way to raise compensation funds.

5. Application for demolition permit

The demolisher went to the Construction Commission (Housing Administration Bureau) to apply for the Demolition Permit with a series of early household investigation materials, including the demolition implementation plan, planning documents, etc.

6. Release demolition notice

It is a statement that the demolition is about to begin. Generally, when releasing the demolition notice, the "demolition permit" should be posted publicly to explain the legality and timing of demolition.

7. Issue a formal evaluation report

At this time, the evaluation agency needs to issue a formal evaluation report. Generally, every relocated person will issue a report, and the formal report needs to be officially signed and sealed by the evaluation agency.

8. Delivery of demolition assessment report

There are two ways of service: face-to-face service and postal service.

yes How to compensate for street demolition This question should be based on the overall national policy and stipulated by the municipal and county governments according to the development level of each region. Through the above article, we hope to be able to answer your question. If you have any questions about this, click the "Ask Now" button below lawyer It can be answered online.