Re: new demolition Ordinance redraft opinions to abolish administrative demolitions
the value of the levied house is determined by the appraisal institution of the real estate price that has the corresponding qualification, according to the evaluation method of the housing expropriation. If
disagrees with the value of the assessment, it may apply to the real estate price appraisal institution for revaluation. If there is any objection to the result of the review, the expert committee of the real estate price appraisal may apply for appraisal.
the real estate price appraisal institution is selected by the expropriated person. The specific measures for selecting the real estate price appraisal institutions by the expropriated persons shall be stipulated by the people's governments at the municipal and county levels.
the real estate price appraisal institution shall carry out the housing levy assessment independently, objectively and impartially, and no unit or individual may interfere.
[expert interpretation]
Gao Xishan (Chairman of Beijing's first good real estate evaluation Co., Ltd.): how much money can be compensated by the levied house in the compensation, and the evaluation institution plays a vital role in it. According to the new regulations, the assessment agencies are selected by the expropriated persons, which is conducive to the protection of the rights and interests of the expropriated persons. If the price is not satisfied with the assessment, the levied person can make a review, the review is not satisfied and the appraisal is not satisfactory. The person who is not satisfied will not move. In accordance with the solicitation draft, the government can not be dismantled. Finally, the court must decide that the law is fair. The current situation of
is that some assessment companies are also subject to a lot of interference. The relocated people hire an appraisal company, but he hopes to make up less money and dismantle quickly, which may cause interference to the appraisal company.
if you avoid evaluating the company's violation? It is suggested that the construction department should introduce the demonstration text of the demolition evaluation contract to match the rights and obligations. If the company evaluates the company, it can take various measures to manage, such as the revocation of the business license, and the assessor may be disqualified.
recommends that
valuation of
should consider rental income
experts believe that, if the assessment price is deliberately or negligently lowered, the assessment agency shall assume the responsibility of
in accordance with the request of the solicitation draft, the compensation for the value of the housing is "not lower than the market price", which implies that, The value of the house being collected can be higher than the market price. But in operation, the value of the house may be relatively easy to assess, and how is the value of the shop defined?
Gao Xishan believes that the expropriation of the expropriated is passive, since it is levied, it should not be lower than the normal sale and market removal compensation, and can not allow the interests of the person to be levied to be lost. "I want to fully reflect the value of the houses being levied in the assessment."
for private houses, in practice, the company has a market comparison method, and the same houses have to compare their similar properties. But Gao Xi Shan emphasizes that there are many reference values for evaluation, such as lots, area, and decoration, so it is impossible to produce two houses of exactly the same price.
for shops, they should also consider their benefits when assessing, and consider the rents of similar properties around. For example, Gao Xishan said, for example, to buy a shop, a year's rent is 50 thousand, and the same surrounding residential property is 800 thousand. In this way, it is necessary to consider this, such as the remainder of the remainder of the land, the rent is increasing or diminishing, which all need evaluation judgment, and perhaps the evaluation price of the shop is 10 after evaluation. 0 million.
director Li Xiaobin of Beijing Li Xiaobin law firm also believes that the independence of evaluation institutions and the scientific nature of evaluation methods should be promoted, and their legal responsibilities should be strengthened, and the principles and mechanisms to ensure their independence, fairness, justice and science should be formulated, and judicial supervision should be properly carried out to allow these institutions to be independent. Bear civil liability. For example, if an evaluation institution intentionally or negligently lower the valuation price, it should be held responsible. There are many cases referenced by big cities in Shanghai, Beijing, but the errors can not be large.
evaluation agency can vote to determine
experts say that if the person expropriated to give up the selection evaluation agency, it is necessary to have a more detailed approach to
according to the request of the solicitation draft, "housing evaluation method, made by the Department of housing and urban construction of the State Council," said, but this is expropriated, but this is levied There are certain problems that need to be clarified in practice.
Hi, for example, for example, in some big projects, for example, to repair the railway, there are several scattered households along the line. They are neither in the same country nor in the same city.
for example, it is relatively easy to draw lots and shake numbers for qualified institutions, but if you want to vote, how many people will be available to guarantee the validity of the vote?
Gao Xishan believes that it is unlikely that each household will choose their own satisfactory evaluation institutions, with unified standards and specifications, and more likely to determine the evaluation of the company by voting, shaking, or drawing lots.
in addition, the assessment agency is determined by the levied person, if it is not to be dismantled, all the people who are levied are not selected to evaluate the organization. What about that? Therefore, it is necessary for the government to make all kinds of circumstances. Under what circumstances the demolition people choose to give up their right to choose their own evaluation institutions, which requires a more detailed approach.