Article guide: What items are included in the demolition compensation?It mainly includes compensation for land, housing and other fixed assets, compensation for losses caused by suspension of production and business, turnover compensation, incentive expenses, demolition and relocation expenses, and administrative compensation arising from illegal forced demolition. If you give you one less, you will have to double it and come back!Let's take a look at the specific compensation.
The first item, housing compensation and other fixed asset compensation
1. Compensation category
When the land of the expropriated and demolished person is expropriated and the house is demolished, the economic loss of the owner of the land and house must be compensated. Compensation includes compensation for damage to land, the value of the house itself, legal attachments on the ground such as buildings, seedlings, and non-removable machinery and equipment. The compensation of the house should be divided according to the structure of the demolished house and the degree of depreciation, and the amount should be calculated according to the unit price of the square meter. Location compensation may also be included.
2. Appraisal value
The value of the house shall be determined by the "real estate appraisal agency" with corresponding qualifications in accordance with the "Housing Expropriation and Assessment Measures". According to the relevant provisions of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, the compensation for houses cannot be lower than the "market for similar real estate" of the houses involved in the case "on the date of the announcement of the expropriation decision".
3. Illegal construction
According to Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, the expropriation unit shall investigate the unregistered buildings in accordance with the law before making a decision on expropriation. No compensation shall be given to the identified illegal buildings, buildings that should be demolished in accordance with the law, and temporary buildings that have exceeded the time limit. For illegal construction that can be supplemented before the "Demolition and Relocation Notice", and the building with incomplete procedures can be judged according to the actual situation. If you should be compensated, you must be compensated!
4. Income rights
First of all, the beneficiary must be the legal occupant of the house, and the legal expected income generated in accordance with the law or contract. For example.
The demolished person has already invested funds, and when the due benefits have not been generated, they are passively terminated because of land acquisition and demolition.
The second itemCompensation for losses from suspension of production and business
"Compensation for loss of production and business suspension" includes ".Loss of necessity"And".Loss of profits"Two parts.
SalarySocial security
If the labor contract is terminated due to demolition and relocation, it shall be comprehensively considered in accordance with relevant laws and regulations. If the labor contract is not terminated, the basic salary and social security expenses during the suspension of work and production shall be considered, and the social security and other related expenses shall be determined in accordance with the law.
Contract liquidated damages
It includes liquidated damages for sales contracts, engineering contracts, and procurement contracts. Losses for breach of contract due to demolition and relocation shall be considered on the basis of negotiation on the termination of the contract and the specific content of the contract clauses.
3. Loans and interest
The inability to repay the loan due to the suspension of production and business of the enterprise, as well as the overdue interest on the bank loan, etc., should be calculated according to the actual situation.
Rent
The remaining lease term agreed in the original contract shall be used to calculate the loss of production and business suspension of the lessee.
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The third item, turnover compensation
The demolition of the house may cause the demolished person to be "homeless" for a while, and renting a house will also incur some expenses. The turnover compensation fee is classified according to the temporary living conditions, and the monthly subsidy is based on the population of the households of the demolished houses. For the demolition of enterprises, it may encounter the demolition of staff dormitories and employee welfare houses in the factory area, and many employees need temporary accommodation, or need to temporarily rent factories for office furniture and factory equipment. The turnover compensation fee is for this kind of situation, according to the local rental standards, the number of people who have been demolished and the size of the enterprise, and the corresponding compensation.
Fourth, incentive fees
This compensation includes: resettlement payment, incentive fee, expedited relocation fee, and early signing fee. In order to ensure the smooth progress of the demolition work, the demolition party will set rewards and compensation according to the actual situation of the demolition project. If the person being demolished cooperates with the demolition work or voluntarily makes some "sacrifices", they can enjoy this reward. The amount of this compensation will be determined according to the actual local situation and relevant laws.
Fifthand expenses related to demolition and relocation
This cost is based on the expenses directly generated by the relocation and demolition behavior, including the commissioning and repair costs of machinery and equipment, the dismantling costs of materials, packaging costs, transportation costs, equipment relocation and installation costs, etc.
Item 6: Administrative compensation for illegal forced demolition
For the illegal expropriation and demolition of the expropriation and demolition party, the person subject to expropriation and demolition may apply for administrative compensation from the state. Administrative compensation is different from demolition compensation, and administrative compensation has a punitive nature for the offender's behavior.
Author: Chu Lin, Beijing Zaiming Law Firm.