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What legal requirements should be met when implementing property right exchange

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What legal requirements should be met when implementing property right exchange


        

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  • 2024-05-26 14:02:03

    1. The demolisher is the owner of the resettlement house. In the legal relationship of property right exchange, the demolished removed person obtains the ownership of the newly replaced house due to the property right exchange, and transfers the ownership of the demolished house to the demolished removed person as consideration. Therefore, as a demolisher, if the relocated people are resettled by means of property right exchange, they should first have the ownership of the houses for exchange, otherwise they cannot realize the real property right exchange.

    2. The resettlement housing must meet the national quality and safety standards. In the process of property right exchange, the quality and performance of the house to be exchanged have a direct bearing on the interests of the demolished removed person. The demolished removed person shall provide a house that meets the national quality and safety standards for demolition and resettlement.

    3. The difference is calculated on the basis of the housing market appraisal price. Therefore, if the property right exchange is implemented, the real estate market evaluation price must be used as the calculation basis to calculate the compensation amount of the house to be demolished and the price of the house to be replaced, and to settle the price difference of the property right exchange.

    [Legal Basis]

    According to Article 21 of the Regulations on the Acquisition and Compensation of Houses on State owned Land, the expropriated can 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.

    B***

    2024-05-26 14:02:03

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