Compensation standard for retreat of Temple of Heaven

For such things as demolition, demolition is often accompanied by compensation, and the compensation for demolition is based on local standards. Generally speaking, the compensation for demolition will be related to the corresponding compensation conditions, and compensation can only be obtained if the compensation conditions are met. Next, I will bring you the detailed knowledge of the compensation standard of the Temple of Heaven, hoping to help you.

For such things as demolition, demolition is often accompanied by compensation, and the compensation for demolition is based on local standards. Generally speaking, the compensation for demolition will be related to the corresponding compensation conditions, and compensation can only be obtained if the compensation conditions are met. Next, I will bring you the detailed knowledge of the compensation standard of the Temple of Heaven, hoping to help you.

First, the compensation standard for the Temple of Heaven's retreat

1. Calculation standard of housing vacate compensation

(1) Monetary compensation for vacating the house = appraisal price of legally owned real estate+agreed compensation amount for house decoration (or compensation amount for house decoration determined by appraisal).

(2) Housing demolition compensation price difference = legally owned real estate appraisal price+agreed housing decoration compensation amount or housing decoration compensation amount determined by appraisal)-the appraisal price of the house in which the vacated person obtained the property right exchange.

2. Calculation standard of housing vacate resettlement fee

(vacated person or lessee) Housing demolition and resettlement fee = relocation subsidy+temporary resettlement subsidy that does not provide turnover housing+temporary resettlement subsidy that exceeds the transition period+compensation for losses caused by non-residential housing suspension.

Second, how to deal with compensation disputes for house demolition

1, administrative ruling

The Regulations on the Administration of Urban House Demolition issued by the State Council Decree stipulates that if the demolition and the demolition, the demolition and the lessee fail to reach an agreement on compensation and resettlement for demolition, the house demolition management department shall make a ruling according to the application of the parties concerned.

2. Administrative or judicial coercion

(1) Administrative compulsion: If the demolished person or lessee fails to move within the relocation period stipulated in the administrative ruling, the demolition management department shall request the public security department to forcibly move.

(2) Judicial compulsion: If the demolished person or lessee fails to move within the relocation period stipulated in the ruling, the house demolition management department shall apply to the people's court for compulsory demolition according to law. Before the implementation of compulsory demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house. You can only choose administrative coercion or judicial coercion. Housing demolition management departments must be very cautious when requesting or applying for compulsory demolition.

3. Civil arbitration or civil litigation

After the conclusion of the demolition compensation and resettlement agreement, if the demolished person or lessee refuses to move within the relocation period agreed in the agreement, the demolished person may apply to the Arbitration Commission for arbitration or bring a civil lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law.

3. What are the precautions for signing the compensation agreement for house demolition?

1. Check whether the subject of the contract is legal. Must sign a demolition agreement with the demolition person, and have legal personality, otherwise the signing of the contract will face the risk that the subject is unclear and unable to bear legal responsibility. For example, institutions such as demolition headquarters and demolition offices have no legal personality. As soon as the demolition is over, it can't be found, let alone the problem of future performance.

2. The main terms of the contract should be clear. Many people who have been demolished are experiencing demolition for the first time. They have no experience in how to agree on the details of the contract, and the contents of the frequently signed contracts are not clear, which leads to trouble in future performance. The more important and clear contents in the demolition agreement are:

(1) The total amount of compensation and the specific details of various compensation contents are particularly important if the factory building is leased, which involves the determination of the compensation share for future demolition.

(2) Payment time and compensation method.

(3) The area, specific location and land nature of resettlement houses and resettlement land determine the location value of land, and whether the land nature is residential, industrial or commercial also directly determines the value of land. If there is no clear agreement in the contract, it is easy to have disputes in actual performance.

(4) If a supplementary agreement is signed, the contents of the compensation agreement must be legal and not inconsistent with the terms of the main contract. If there are major changes in the main contract, it must be clearly agreed, and the compensation agreement shall prevail.

The above is the relevant knowledge about the compensation standard of the Temple of Heaven for everyone. You need to make compensation according to the compensation standard, and you can get compensation only if you meet the compensation standard.