With the acceleration of urbanization in recent years, there has been an increasing number of demolition projects, involving the interests of thousands of households. In this process, the impartiality and accuracy of the demolition assessment are the key links in determining the amount of compensation, and your vital interests are directly affected by its fairness and accuracy. However, in real life, demolition assessment is not always a pure land, and sometimes there are some "cats". Today, Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, will take you to uncover the "mysteries" in the demolition assessment, so that you can discern the truth and effectively protect your rights and interests in the face of demolition.
1. Common "cats" in demolition assessment
1. Undervaluing assets
This is one of the most common "cats". Some appraisal agencies or individuals may deliberately undermine the actual value of your assets, such as your house, land, and ancillary facilities, for a variety of reasons (e.g., pressure from the client, pursuit of low costs, etc.). For example, ignoring factors such as the special structure of the house, the quality of the decoration, and the advantages of the location lead to the appraisal result being much lower than the market price.
2. Ignoring intangible losses
Demolition and relocation involve not only compensation for tangible assets, but also intangible losses such as relocation expenses, temporary resettlement expenses, and losses from production and business suspension. Some assessment reports may undercalculate or simply ignore such losses, leaving your actual financial losses uncompensated.
3. Selective application of evaluation criteria
The assessment should follow a harmonized and open national standard or industry norm. However, in some cases, the assessor may selectively apply terms that are conducive to lowering the compensation standard, or interpret the policy too narrowly, to the detriment of your rights.
4. The process is not transparent and lacks communication
The evaluation process should be open and transparent, so that you are fully informed about the evaluation methodology, parameter selection, etc. However, in reality, some assessment agencies may deliberately simplify or even omit the communication with you, resulting in confusion about the assessment results and it is difficult to question them effectively.
2. How to see through and deal with these "greasy"?
After understanding the "catty" in the demolition assessment, you must want to know how to effectively protect your rights and interests. Here are a few suggestions:
1. Do your homework and know what to expect
At the beginning of the demolition, it is necessary to take the initiative to understand the relevant policies and regulations, and be familiar with the local demolition compensation standards and calculation methods. At the same time, you can sort out your property in detail, including the area, structure, decoration, ancillary facilities, etc., and even consult the market price by yourself, so that you know what to expect.
2. Choose an authoritative, independent assessment agency
As much as possible, choose a reputable, well-qualified, and experienced assessment agency for evaluation. If necessary, the government or the demolition party may be asked to provide a list of alternative assessment agencies from which to be selected.
3. Actively participate and supervise the whole process
You have the right to participate and supervise the entire process from the commissioning of assessments, site surveys, data collection to the issuance of reports. For any doubts, they should be raised and asked for explanations in a timely manner, and if necessary, they can entrust professionals to assist in reviewing the assessment report.
4. Use legal weapons to defend rights and interests
If there is any obvious unfairness in the assessment process, do not swallow it. You have the right to apply for a reassessment or even seek legal relief through administrative reconsideration, litigation, etc. Remember, the law is your back.
Demolition assessment is about your major property interests, so be sure to keep your eyes peeled and be wary of possible "cats". As long as you have the knowledge and respond positively, you are fully capable of seeing through the fog and ensuring that your legitimate rights and interests are not infringed. If you encounter any problems during the demolition process, please feel free to consult us, we will be happy to provide you with professional advice and assistance.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.