First, the replacement of property rights is also called "demolition", "demolition" and "compensation in kind". According to different evaluation methods, there are two alternative methods.
(A) the value standard of property rights replacement
Value standard property right replacement refers to the evaluation of the property right value of the demolished house according to legal procedures, and then the equivalent replacement of the value with the property right of the newly-built house.
(2) Standard property area
Area standard property right exchange refers to the exchange of property rights in different places based on the construction area and without settlement of the price difference within the resettlement area.
Two, the replacement of property rights is divided into two forms.
(1) Relocation: It means that because the developer's project does not involve housing or because of the plot ratio of this plot, it is impossible to relocate, so we can only choose to build resettlement houses on other plots, and then try our best to replace the equivalent property rights through the increase or decrease of property rights.
(2) Relocation and resettlement: refers to the relocation and reconstruction project of the developer, which can be completed through the proportion of property rights replacement.
What are the housing distribution processes for demolition and resettlement houses?
1. Announce the time sequence of delivery of vacant houses by resettlement households, the number of resettlement houses that can be allocated and the resettlement targets of poor households;
2, announced the allocation of resettlement housing time and place;
3, resettlement housing allocation selection notice;
4. The number of resettlement houses shall be selected by the relocated households according to the notice, and the allocation certificate of resettlement houses shall be filled in by the team leader, signed by the team leader and signed by the person in charge of the Development Zone Management Committee.
5. The relocated households shall go through the settlement formalities with the distribution certificate of resettlement houses in the Development Zone, and the relocation office shall issue a bank payment slip, and the relocated households shall pay the house purchase price at the designated bank.
6. The relocated households shall go to the Finance Bureau with the bank payment voucher to confirm the payment of the house price and issue a receipt.
7. The relocated households shall issue a delivery notice to the relocation office with the distribution certificate of resettlement houses and the receipt issued by the Finance Bureau to prove that the house payment has been paid.
8. The relocated households shall obtain the keys of resettlement houses from the residential property company with the distribution certificate of resettlement houses and the delivery notice.
legal ground
land management law
Article 47 Where land is expropriated, compensation shall be given according to the original use of the expropriated land. Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground. The land compensation fee for expropriation of cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation. Farmland resettlement subsidy is calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated according to the number of cultivated land expropriated divided by the average number of cultivated land occupied by each expropriated unit before land expropriation. The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years before expropriation. However, the resettlement subsidy for each hectare of cultivated land to be expropriated shall not exceed fifteen times the average annual output value of the three years before expropriation. The standards of land compensation fees and resettlement subsidies for the expropriation of other land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of land compensation fees and resettlement subsidies for the expropriation of cultivated land. The compensation standards for attachments and young crops on expropriated land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government. Requisition of vegetable fields in the suburbs of cities, land units shall pay the new vegetable field development and construction fund in accordance with the relevant provisions of the state. If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of the second paragraph of this article still fails to maintain the original living standards of farmers who need resettlement, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value of the land in the three years before expropriation. According to the level of social and economic development, under special circumstances, the State Council can raise the standards of cultivated land compensation and resettlement subsidies.