The law clearly stipulates that relocated households have the right to move back and resettle on the spot. Generally speaking, due to the demolition caused by the transformation of the old city or planning adjustment, the lots in the demolition area will appreciate. Demolition parties will think that the appreciation of lots is a premium brought by planning adjustment or reconstruction, rather than the contribution of relocated households, so they often refuse.
Generally, in order to sign the agreement as soon as possible, although the demolition party verbally promises to move back, the word "move back" will be removed from the text of the demolition agreement drawn up by the demolition party, so the move back cannot be realized. If there is the word "relocation", the location, apartment type and red line map of the resettlement house shall be indicated in the annex to the contract.
Demolition refers to the legal act that the unit that has obtained the demolition permit demolishes the houses and their appendages within the scope of construction land according to the requirements of urban construction planning and the land use documents approved by the government, resettles the units and residents within the scope, and compensates their losses. Its purpose is to make the whole city unified or rationally use the increasingly tense state-owned land resources.
"Demolition" refers to the demolition of the original buildings or other things that must be demolished on the land; "Relocation" refers to the temporary or permanent relocation of the original land users. House demolition refers to the legal act that the units that have obtained the demolition permit demolish the houses and their appendages within the scope of construction land according to the requirements of urban construction planning and the land use documents approved by the government, resettle the units and residents within the scope, and compensate their losses.
All kinds of compensation paid by the demolition construction unit to the owner or user of the demolished house in accordance with the prescribed standards. Generally speaking, there are:
(1) Housing compensation fee, which is used to compensate the loss of the owner of the demolished house. According to the structure and depreciation degree of the demolished house, it is calculated at the unit price of square meters.
(2) The turnover compensation fee is used to compensate the residents of the demolished houses for the inconvenience of living in temporary housing or the cost of asking for temporary accommodation. Temporary living conditions are graded, and residents of demolished houses are subsidized monthly.
(3) Reward and compensation fees are used to encourage residents who have been demolished to actively assist in house demolition or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring demolition units to resettle houses. The compensation standard for house demolition shall be determined by the local people's government according to the local actual situation and relevant national laws and policies, and the demolition unit must strictly implement it and shall not change it at will.