What is the compensation standard for new rural construction?
New rural construction refers to the construction of rural areas in economic, political, cultural and social respects under the socialist system and in accordance with the requirements of the new era. Because economic development varies from place to place, the compensation standards for homesteads differ among different regions. Let us take a look below at the compensation standards for new rural construction!
Is there compensation for homesteads in new rural construction?
1. See whether you have signed an agreement with the village. If there is an agreement, handle it according to the agreement.
2. See whether your local government has issued relevant policies, and whether the homestead is provided free of charge or subsidised according to the building area.
How is compensation handled for the demolition of homesteads and houses?
1. The demolition of rural homesteads and houses is compensated separately. “Separate compensation” means the separation of land compensation and compensation for attachments on the land. The property right of a rural homestead belongs to the village collective, which allocates it to villagers for use, and villagers build houses on the homestead to live in. When homestead demolition occurs, there are two kinds of compensation. One is homestead compensation, and the other is house compensation. Because the property right of the homestead belongs to the village collective, this part of the compensation belongs to the village collective and will not be given directly to the homestead user. The property right of the house, however, belongs to the villager privately, so the house compensation belongs to the villager. After a villager's homestead is expropriated, if there is no other homestead, the village collective must redistribute a homestead to the villager so that the villager can build a house on the new homestead.
2. The object of land compensation is the land use right, and it is generally divided into 2 forms: one is monetary compensation, and the other is replacement compensation. Monetary compensation means paying you directly according to the relevant compensation standard at a certain amount per square meter for your homestead. Replacement compensation means resettling you in a planned resettlement area by converting it at different low prices into a certain number of square meters. There is also compensation for houses and attachments on the land. The object of this compensation is ownership of the property, including all your houses, structures, related facilities, trees, vegetables and fruits, and so on. In the compensation standard implementation plan, it should be listed item by item, very detailed and very clear. You can ask the expropriating party to let you see it. This compensation generally has only one form, namely monetary compensation.
3. Article 47 of the current Land Administration Law provides that when land is requisitioned, compensation shall be given according to the original use of the requisitioned land. The compensation fees for requisitioning cultivated land include land compensation fees, resettlement subsidy fees, and compensation fees for attachments on the land and young crops. The land compensation fee for requisitioning cultivated land shall be six to ten times the average annual output value of that cultivated land in the three years preceding the requisition. The resettlement subsidy fee for requisitioning cultivated land shall be calculated according to the number of agricultural people needing resettlement. The number of agricultural people needing resettlement shall be calculated by dividing the quantity of requisitioned cultivated land by the average quantity of cultivated land per person held by the requisitioned unit before the land requisition. The standard for the resettlement subsidy fee for each agricultural person needing resettlement shall be four to six times the average annual output value of that cultivated land in the three years preceding the requisition. However, the resettlement subsidy fee for each hectare of requisitioned cultivated land shall not exceed fifteen times the average annual output value in the three years preceding the requisition.
4. The compensation price for house demolition consists of the location compensation price of the homestead and the replacement cost new price of the demolished house. The calculation formula is: house demolition compensation = homestead location compensation price * homestead area + replacement cost new price of the demolished house. The homestead location compensation price refers to the local guided price for ordinary residential housing, and is comprehensively determined by the district or county people's government with reference to the average price of ordinary commercial residential housing in a certain period and a certain area, urban planning, and so on. The homestead area recognised in demolition shall have been lawfully approved and shall not exceed the control standard. The average replacement cost new price of houses means the average replacement cost new price of demolished homestead houses within a certain period and a certain area. The specific standard shall be determined by the district or county government within the range of 400 to 700 yuan per square meter according to the rural house construction conditions in the aforementioned area. The average resettlement area per household shall be controlled at 100 to 150 square meters, and the specific standard shall be determined by the district or county government according to the local rural economic level and farmers' living conditions.