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Compensation standard for housing to non demolition

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Compensation standard for housing to non demolition


        

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  • 2024-06-15 20:01:49

    Compensation standard for housing to non demolition? Due to the different basic conditions in different regions, there are also different practices in the "housing to non housing" housing compensation:

    1. Compensation shall be made according to the actual use of the house, that is to say, if it can be specifically determined that the house is really used for business, compensation shall be made according to the specific compensation standard for commercial houses, and if the house is residential, compensation shall be made according to the specific compensation standard for residential houses.

    2. If the residential house is used for business, the compensation shall be evaluated according to the actual conditions of the residential house, such as whether it is in continuous operation, whether it has a business license, whether it is along the street, and other relevant conditions, and then according to the specific compensation standards for commercial houses.

    3. If the residential house is used for business, it shall be determined according to the average of the estimated compensation amount of residential house and the estimated compensation amount of non residential house demolition.

    4. According to the compensation standard for residential buildings, this situation is mainly because the residential buildings have been used for business for a short time and are not yet supported as non residential compensation.

    5. If part of a residential house is used for business purposes, the part shall be compensated according to the compensation standard for commercial houses, and the rest shall be compensated according to the compensation standard for residential houses.

    Legal basis

    Article 17 of the Regulations on the Expropriation and Compensation of Houses on State owned Land, the compensation given by the municipal and county people's governments that make the decision on the expropriation of houses to the expropriated includes:
    (1) Compensation for the value of the house expropriated;
    (2) Compensation for relocation and temporary resettlement caused by house expropriation;
    (3) Compensation for the loss of production and business suspension caused by the expropriation of houses.
    The people's governments at the municipal and county levels shall formulate measures for subsidies and rewards, and give subsidies and rewards to the people who are expropriated.

    Article 18 of the Regulations on the Expropriation and Compensation of Houses on State owned Land, if the expropriated person meets the housing security conditions, the municipal and county people's government that made the decision on housing expropriation shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

    Article 21 of the Regulations on the Expropriation and Compensation of Houses on State owned Land allows the expropriated to choose monetary compensation or exchange of house property rights.
    If the expropriated person chooses to exchange the property right of the house, the municipal or county people's government shall provide the house for property right exchange, and calculate and settle the difference between the value of the expropriated house and the value of the house for property right exchange with the expropriated person.
    If a person expropriates a personal residence due to the reconstruction of an old urban area and chooses to exchange the property right of the house in the reconstructed area, the people's government of the city or county level that made the decision on the expropriation of the house shall provide the house in the reconstructed area or the nearby area.

    Article 22 of the Regulations on the Expropriation and Compensation of Houses on State owned Land, in case of relocation due to the expropriation of houses, the housing expropriation department shall pay the relocation fee to the expropriated person; If the house property right exchange is selected, the housing expropriation department shall pay temporary resettlement fees or provide revolving houses to the expropriated person before the delivery of the house property right exchange.

    Article 23 of the Regulations on the Acquisition and Compensation of Houses on State owned Land compensates for the losses caused by the production and business suspension due to the acquisition of houses, which shall be determined according to the benefits before the houses are acquired, the period of production and business suspension and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

    B***

    2024-06-15 20:01:49

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