According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land, the compensation for the value of the expropriated houses shall not be lower than the market for similar real estate of the expropriated houses on the date of the announcement of the decision to expropriate the houses**. The value of the expropriated house shall be assessed and determined by the real estate appraisal agency with corresponding qualifications in accordance with the housing expropriation appraisal method.
Article 26 of the Regulations for the Implementation of the Land Management Law, if it is necessary to expropriate land, and the local people at or above the county level believe that it meets the provisions of Article 45 of the Land Management Law, they shall issue a pre-announcement of land expropriation, and carry out an investigation of the current situation of the land to be expropriated and a social stability risk assessment.
From the above-mentioned legal provisions, we can see that after the demolition of houses on state-owned land, the final value of the expropriated houses is determined by the appraisal agency, and in the collective land expropriation, it is also necessary to evaluate the houses and above-ground attachments within the scope of the expropriation, and then formulate a compensation and resettlement plan based on the assessment report and the results of the land status survey.
However, we should focus on the expropriation of houses on state-owned land, and under normal circumstances, the appraisal report of the houses on state-owned land will be used as the basis for compensation to the expropriated.
According to the Measures for the Assessment of the Expropriation of Houses on State-owned Land, the purpose of the assessment of the value of the expropriated houses shall be stated as "to provide a basis for the compensation of the expropriated houses determined by the housing expropriation department and the expropriated person, and to assess the value of the expropriated houses".
The purpose of assessing the value of the house used for property right exchange shall be expressed as "providing a basis for the housing expropriation department and the expropriated person to calculate the difference between the value of the expropriated house and the value of the house used for property right exchange, and assessing the value of the house used for property right exchange".
Therefore, in life, whether it is a land acquisition project or a housing acquisition construction project, we must pay attention to it in the assessment process to avoid suffering losses in the assessment process. So, what must be paid attention to in the housing appraisal process? There are three main points:
First, the assessment agency needs to be selected by the assessee through negotiation
According to Article 4 of the Measures for the Expropriation and Assessment of Houses on State-owned Land, the real estate appraisal agency shall be selected by the expropriated person within the specified time, and if the co-production is not successful within the specified time, the housing expropriation department shall decide by organizing the expropriated person to vote in accordance with the principle of minority obeying the majority, or by random methods such as lottery and lottery.
In other words, the agency that assesses the value of the expropriated house is generally determined by the expropriated person, and the expropriator cannot interfere, if the expropriated person does not determine the final appraisal agency within the specified time, then the expropriator, that is, the demolition and relocation office, organizes the expropriated person to determine it by drawing lots, etc., and the expropriator cannot directly determine.
However, in practice, in order to save trouble, some expropriators do not sue the assessee for the right to choose the assessee on their own, but directly determine the assessee without the knowledge of the assessee. In fact, the expropriator directly determines the assessing agency, which directly deprives the assessee of the right to choose the assessing agency, and at the same time, the assessing agency may also be unfavorable to the assessee.
Therefore, Kainuo lawyer reminds everyone here that in the housing expropriation, once it is found that the appraisal agency is something that he has never heard of or seen, then the expropriated person must be vigilant about this, and can reflect this problem to the relevant departments as soon as possible.
Second, the personnel of the assessment agency need to conduct a household investigation
Article 12 of the Measures for the Expropriation and Assessment of Houses on State-owned Land stipulates that the real estate appraisal agency shall arrange a registered real estate appraiser to conduct an on-site investigation of the expropriated house, investigate the condition of the expropriated house, take images reflecting the internal and external conditions of the expropriated house, make on-site investigation records, and keep them properly.
The expropriated person shall assist the registered real estate appraiser in conducting an on-site investigation of the expropriated house, and provide or assist in collecting the information and information necessary for the assessment of the value of the expropriated house.
That is to say, before assessing the value of the expropriated house, the appraisal agency must conduct an on-site inspection, clarify the specifics of the house, and confirm the on-site investigation record form with the expropriated person, and then make a final appraisal report based on the on-site investigation and investigation.
However, in the course of practice, some expropriated persons reported to the lawyer that their houses were expropriated due to relevant local construction projects, and then they received the assessment report delivered by the housing expropriation department after a period of time, but what surprised them was that no one came to the house to inquire about the specific situation of the house before receiving the assessment report, and the staff of the demolition and relocation office had not come. Even the old and new houses and the structure of the houses have not been corrected.
In this regard, Kainuo lawyer reminds everyone that when assessing the value of the expropriated house, the appraiser must conduct an on-site investigation, and it is illegal to make an appraisal report based only on aerial photographs or relevant information provided by others, which not only violates the relevant laws and regulations, but also infringes on the legitimate rights and interests of the expropriated person. In practice, if the majority of the assessee encounters such a situation, then it must be reported to the relevant departments in a timely manner, and if the appraisal report received can be rejected, then try not to accept it, or immediately apply to the real estate appraisal agency for review of the appraisal report, and if there is still any objection to the review result, it can apply to the expert committee for appraisal.
The third is whether the assessment method is beneficial to the assessee
Article 13 of the Measures for the Appraisal of Expropriation of Houses on State-owned Land stipulates that the appraiser of the appraisal agency shall, after analyzing the applicability of the market method, the income method, the cost method, the hypothetical development method and other valuation methods according to the appraisal object and the local real estate market conditions, select one or more of the methods to evaluate the value of the expropriated house.
If there is a transaction of similar real estate of the expropriated house, the market method shall be used for appraisal, if the expropriated house or its similar real estate has economic benefits, the income method shall be used for valuation, and if the expropriated house is under construction, the hypothetical development method shall be used for evaluation.
In other words, in general, there are four main methods of housing evaluation, namely the market comparison method, the income method, the cost method and the hypothetical development method. Logically speaking, if the expropriated house is residential, then it is usually more beneficial to the expropriated person to adopt the market comparison method, and if the house is a business house, then it is more advantageous to use the income method to evaluate the expropriated house.
However, in the process of practice, we find that some expropriators often choose a way that is unfavorable to the expropriated person when appraising the house, such as when appraising the residential house, some will use the cost method to assess the value of the expropriated house, which will naturally reduce the interests due to the expropriated person, especially in the rural housing demolition. Then we must stop their behavior in a timely manner, and we can report it to the relevant departments as soon as possible, and we can also protect our legitimate rights and interests through legal channels as soon as possible.