1. Rural demolition residents with non-agricultural household registration generally cannot receive compensation.

2. Those who are members of the collective economic organization when the demolition plan is determined can claim for demolition resettlement items and demolition compensation. Those who are not members of the collective economic organization cannot enjoy the corresponding compensation. However, non-agricultural residents Rural house property owners with registered residence can request compensation for the value of the house, but they are not allowed to claim property rights exchange.

3. Generally speaking, farmers have homestead resettlement, while non-farmers do not. As far as demolition is concerned, the compensation for household registration issues depends on the resettlement compensation method of the project. If the demolition compensation is based on the area of ​​the house and homestead, then the household registration and household registration number are meaningless; if the compensation is based on the number of household registrations, then the compensation will be based on the number of household registrations. It directly affects the amount of compensation. Generally speaking, the first situation is the most common.

4. In addition, the household registration population also plays a role during demolition. That is, if your family has a large number of people and a small area, then when the resettlement compensation is paid and the house is relocated, the total resettlement area should be greater than the household registration population* If the area is less than the local minimum housing security standard, some discounts will generally be given to increase the resettlement area.

5. If land acquisition (cultivated land) is involved, it depends on whether there is contracted land allocated by the village collective before the rural household registration is converted to a non-rural household registration. When the land is returned to farmland, the land rights are still in the name or in the name of the family. If not, then you will not be compensated when the land is acquired.

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2. How to compensate for the demolition of rural homesteads and houses

1. Rural homesteads and houses Demolition will be compensated separately.

"Separate compensation" refers to the separation of land compensation and ground attachment compensation. The property rights of rural homesteads are owned by the village collective, which is allocated to villagers for use. The villagers build houses on the homesteads and live in them. When encountering homestead demolition, there are two types of compensation. One is homestead compensation, and the other is house compensation.

Since the property rights of the homestead belong to the village collective, this part of the compensation belongs to the village collective and will not be given directly to the homestead users. The property rights of the houses belong to the villagers privately, so the house compensation belongs to the villagers. After a villager's homestead is expropriated, if there is no other homestead, the village collective must redistribute the homestead to the villagers and let them build houses on the new homestead.

2. The subject of land compensation is land use rights, which is generally divided into two forms:

One is monetary compensation,

The other is replacement compensation.

Currency compensation refers to paying you directly how much per square meter of your homestead is based on relevant compensation standards; replacement compensation refers to how many square meters are converted into different low prices in the planned resettlement area. Place you.

3. Compensation methods for demolition

1. Compensation and resettlement for the village whose land was expropriated or the villager group organization has been cancelled

(1) You can choose monetary compensation or Choose a property-rights house exchange with the same value as the monetary compensation amount.

(2) The formula for calculating the amount of monetary compensation is: (the unit price of the demolished house’s construction and replacement is combined into a new one + the base price of land use rights per square meter of construction area for newly built multi-story commercial housing in the same area + price subsidy) ×The construction area of ​​the demolished house.

(3) If the replacement method is selected for the evaluation of the demolished houses, they will be combined into new ones according to the replacement unit price, and the land acquisition unit will entrust a real estate appraisal agency with house demolition evaluation qualifications to evaluate; new multi-story commodities will be built in the same area The base price of land use rights and price subsidy standards for each square meter of housing construction area shall be formulated and announced by the people's government of the city or county where the demolished house is located based on the actual situation of the land market.

2. Compensation and resettlement for the land-expropriated village or villager group that is not revoked:

(1) The demolished persons who have not transferred to urban household registration shall be compensated and resettled according to the following provisions :

(2) In areas that meet the conditions for relocating housing, you can apply for new housing on homestead sites within the central village or residential area determined by the township (town) land use master plan, and obtain the corresponding currency. Compensation;

(3) The calculation formula for the amount of monetary compensation is: (the construction and replacement unit price of the demolished house is combined into a new one + price subsidy) × the construction area of ​​the demolished house [2]; the demolished people use the new house The fees required for the base shall be paid by the construction unit to the village or villager group whose land is expropriated. The approval process for demolished persons to apply for new houses on homestead sites shall be implemented in accordance with relevant national and local regulations on rural housing construction.

(4) In areas that do not have the conditions for relocation of houses, you can choose monetary compensation or exchange property rights houses with the same value as the monetary compensation amount. The demolished persons may no longer apply for new housing on the homestead site. The principle should be to ensure that the living standards of the demolished people will not be reduced due to demolition.

3. Other compensation items for demolished houses:

Lawyers should understand and inform the parties that they should also compensate the demolished persons for moving subsidies, equipment relocation fees, and temporary resettlement subsidies during the transition period. fees, and the temporary resettlement subsidy will be increased from the date of expiration of the transition period.

Compensation for the demolition of non-residential houses

1. The demolition of enterprises owned by rural collective economic organizations in the form of land use rights as shares, joint ventures, etc. with other units and individuals For non-residential houses, the calculation formula of the monetary compensation amount is: the replacement price of the demolished house + the corresponding land use right acquisition fee.

2. The replacement price of the demolished house and the corresponding land use right acquisition fee shall be assessed by the real estate valuation agency.