Traditional Culture Encyclopedia - Hotel franchise - State-stipulated door head standard
State-stipulated door head standard
According to Article 68 of the Urban and Rural Planning Law of People's Republic of China (PRC), if the party concerned fails to stop the construction or demolish it within a time limit after the competent department of urban and rural planning makes a decision to order it to stop, the local people's government at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing up the construction site and forcibly demolishing it. In the demolition compensation of illegal buildings, we should pay attention to distinguish between demolition compensation and demolition subsidy. Although China's "Regulations on Urban Demolition Management" clearly stipulates that illegal buildings will not be compensated, it can only show that illegal builders will not be compensated for demolition, and the demolition people still have to pay demolition subsidies to illegal builders according to law. Demolition subsidies include relocation subsidies and temporary resettlement subsidies. Demolition shall not refuse to pay relocation subsidies and temporary resettlement subsidies to illegal builders because of illegal construction. Demolition compensation refers to the demolition according to law, and should be paid to the demolition and housing tenant compensation; Compensation for demolition refers to that in the process of demolition, when the demolition procedures and means are illegal and infringe upon the legitimate rights and interests of the demolished person and the lessee, the losses shall be compensated according to law. The demolition compensation in this paper is limited to discussing the demolition compensation for illegal builders. If illegal buildings have not been discovered and dealt with for more than two years, administrative organs can no longer deal with them according to illegal buildings. If it is to be demolished now, it should be compensated. Law: Article 19 of the Regulations on Compensation for House Expropriation and Demolition on State-owned Land shall not be lower than the market price of similar real estate on the day when the decision on house expropriation is announced. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method. If there is any objection to the value of the expropriated house determined by the assessment, it may apply to the real estate price assessment agency for review and assessment. If there is any objection to the review results, you may apply to the real estate price evaluation expert Committee for appraisal. Measures for the assessment of house expropriation shall be formulated by the competent department of housing and urban and rural construction in the State Council. In the process of formulation, it shall solicit opinions from the public. For illegal construction, but the land has legal right to use or property rights, appropriate compensation should be given. Due to the demolition of land use income losses, should be given appropriate compensation. In the compensation for demolition, we should pay attention to distinguish between illegal buildings and buildings within the scope of land use rights. Illegal buildings can be basically divided into two categories according to the standard of whether there is land use right or not: one is illegal buildings that have obtained land use right, and the other is illegal buildings that have not obtained land use right. If the illegal building has legal land use rights, then even if the illegal building itself is not compensated during the demolition, the property interests of the illegal building must be considered. If the land use right is obtained by allocation, the demolisher may not compensate the illegal builders who use the land; However, if the land use right is obtained through transfer, and the illegal builder has paid the land transfer fee in full, but the transfer period is not full, the demolition person shall compensate the illegal builder for the loss of land use income caused by the demolition of illegal buildings.
Legal basis: Regulations on the Administration of Adjoining Houses with Different Properties in Cities
Fifth owners and users must use and repair houses in accordance with the requirements of urban planning, real estate management, fire protection, environmental protection and other departments, and correctly handle adjacent relations in accordance with the principles of favorable use and fair negotiation.
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