What policies does Luoyang City, Henan Province have regarding house demolition?

Although it was passed more than 10 years ago, there should be no major changes

Luoyang Urban Construction and Demolition Management Measures

(Luoyang on June 18, 1993 Adopted at the 28th meeting of the Standing Committee of the Ninth Municipal People's Congress and approved at the fourth meeting of the Standing Committee of the Eighth People's Congress of Henan Province on October 22, 1993)

Contents

Chapter 1 General Provisions

Chapter 2 Demolition Management

Chapter 3 Resettlement Compensation for Residential Houses

Chapter 4 Resettlement Compensation for Non-Residential Houses

Chapter 5 Rewards and Punishments

Chapter 6 Supplementary Provisions

Chapter 1 General Provisions

Article 1 is to ensure smooth urban construction To carry out, strengthen the management of urban construction and demolition, and protect the legitimate rights and interests of the demolition parties. These measures are formulated in accordance with the "Regulations on the Management of Urban House Demolition" of the State Council and relevant national laws and regulations, and in combination with the actual situation of this city.

Article 2: Where houses and other objects that need to be demolished due to urban construction are to be demolished on state-owned land in the urban planning areas of this city, these measures shall apply.

Article 3 The demolisher referred to in these Measures refers to the construction unit or individual who has obtained the demolition permit in accordance with the law.

The persons to be demolished as mentioned in these measures refer to the owners (including managers, state-authorized managers of state-owned houses and other objects that should be demolished) and users of the demolished houses and other objects that should be demolished. .

Article 4 Urban construction and demolition must comply with urban planning and be conducive to the reconstruction of old urban areas.

Article 5 The demolition party must compensate or resettle the demolished people in accordance with the relevant national laws, regulations and these measures, and must not damage the legitimate rights and interests of the demolished people; the demolished people must obey the needs of urban construction and follow the needs of urban construction. Complete the relocation within the specified time limit.

Article 6 Urban construction and demolition work shall be under unified management under the leadership of the Municipal People's Government.

The municipal construction administrative department is the department in charge of urban construction and demolition work of the Municipal People's Government. Its main responsibilities are;

(1) Responsible for publicizing and implementing relevant national laws and regulations;

(2) Supervise, guide and coordinate the city’s urban construction and demolition work;

(3) Manage the qualifications of units implementing demolition and issue demolition qualification certificates;

(4) Examine demolition applications in accordance with the law, issue demolition permits, and issue demolition announcements;

(5) Mediate and adjudicate demolition, resettlement and compensation disputes;

(6) Respond to violations of these Measures Conduct investigation and punishment.

The Municipal Urban Construction and Demolition Management Office is specifically responsible for the daily work of demolition management.

Article 7 Urban planning, planning, land, housing management, public security, industry and commerce and other departments as well as urban district people's governments and relevant units should actively cooperate to jointly ensure the implementation of these measures.

Chapter 2 Demolition Management

Article 8 If any unit or individual needs to demolish houses and other objects that should be demolished, they must provide planning and positioning plans, construction land approval documents, and demolition and resettlement compensation. Plans and other approval documents in accordance with regulations must be submitted to the municipal urban construction and demolition authorities. Demolition can only be carried out after approval and a demolition permit. If the land use rights need to be changed, the land use rights must be obtained in accordance with the law.

For demolition applications, the municipal urban construction and demolition administrative department shall make a decision on approval or disapproval within 15 days.

Units or individuals that obtain a demolition permit shall pay demolition management fees in accordance with relevant national and provincial regulations.

Article 9 Urban construction and demolition may be uniformly organized and implemented by the Municipal People's Government, or may be carried out by the demolishers themselves or entrusted with the demolition.

If the demolisher entrusts the demolition, the entrusted party shall be the unit that has obtained the demolition qualification certificate. The demolisher shall pay the entrusted demolition fee to the entrusted party in accordance with regulations.

The municipal urban construction and demolition authorities shall not accept demolition entrustment.

Article 10 Once the demolition permit is issued, the municipal urban construction and demolition department shall promptly announce the demolishers, the scope of demolition, the relocation period, etc. in an announcement or other form, and publicize it to the demolished persons. , explain the work.

Article 11 When issuing a demolition announcement, the municipal urban construction and demolition authority shall notify the relevant departments to suspend the procedures for industrial and commercial registration, property rights change, household registration transfer and household division within the scope of demolition. If it is really necessary to enter or split a household due to birth, military transfer, marriage, etc., the public security agency can only handle it after verification and certification by the municipal urban construction and demolition department.

From the date of the demolition announcement, all houses and other objects that should be demolished within the demolition scope shall not be rebuilt, expanded or decorated by the demolished persons, nor shall they change their original use nature.

Article 12 Within the period specified in the demolition announcement, the demolisher shall sign a written agreement with the demolished persons on resettlement, compensation and other issues in accordance with these Measures, and report it to the municipal urban construction and demolition authority for record. The agreement should stipulate the form and amount of compensation, the area and location of resettlement housing, the relocation transition method and transition period, liability for breach of contract and other terms that the parties deem necessary.

Article 13 The ownership and area of ??the demolished house shall be determined based on the house ownership certificate issued by the Municipal People's Government.

For houses whose ownership has not been confirmed within the demolition period, the demolisher shall propose a resettlement and compensation plan, and demolition will be implemented after approval by the municipal urban construction and demolition authority. Before demolition, the municipal urban construction and demolition authorities shall make survey records of the demolished houses, which shall be notarized by the notary authority and shall handle evidence preservation. The original house users will be temporarily resettled by the demolishers. After the real estate arbitration department or the people's court confirms the rights, the resettlement and compensation procedures will be handled.

During the demolition period, if the whereabouts of the demolished persons are unknown and they have no legal agent, their houses and other objects that should be demolished can be demolished first, and the compensation money will be temporarily kept by the municipal urban construction and demolition authorities without interest.

Protective measures should be taken for unowned property and cultural relics discovered during demolition, and relevant units should be notified for disposal.

Article 14 The demolition of military facilities, foreign-related projects, churches, temples, cultural relics and historic sites, houses of overseas Chinese, returned overseas Chinese, and relatives of overseas Chinese and other objects that need to be demolished shall be handled in accordance with the relevant provisions if laws and regulations provide otherwise. .

Article 15. If the demolisher and the demolished cannot reach an agreement through consultation on the form and amount of compensation, area and location of resettlement housing, relocation transition method and transition period, etc., the municipal urban construction and demolition agency shall The competent authority adjudicates. If the person being demolished belongs to the municipal urban construction and demolition department, the decision shall be made by the Municipal People's Government.

If the party concerned is dissatisfied with the ruling, he or she may bring a lawsuit to the People's Court within 15 days from the date of receipt of the ruling. If the demolisher has resettled or provided transitional housing for the demolished persons during the litigation period, the execution of the demolition will not be stopped unless otherwise provided by national laws and regulations.

Article 16 If within the demolition period stipulated in the demolition announcement or the ruling stipulated in Article 15, Paragraph 1 of these Measures, the demolished person refuses to be demolished without justifiable reasons, the municipal urban construction and demolition supervisor shall The department may request the Municipal People's Government to make a decision to order demolition within a time limit. If the demolition is not carried out within the time limit or a lawsuit is filed, the Municipal People's Government shall instruct the relevant departments to compel demolition or the municipal urban construction and demolition department shall apply to the People's Court for compulsory demolition. The resulting losses and expenses shall be borne by the demolished persons.

Article 17 The demolisher shall not change the approved scope of demolition and the nature of the construction project without authorization, and shall not make design changes that damage the legitimate rights and interests of the people being demolished.

If the demolition party changes the construction plan and interrupts the demolition, it shall repair or compensate the demolished houses and other demolished objects; if it causes economic losses to the demolished persons, compensation shall be provided.

Article 18: No compensation or resettlement will be provided for the demolition of illegal buildings and temporary buildings that have exceeded the approved period of use; demolition of temporary buildings that have not exceeded the approved period of use (private residential houses without legal property rights certificates), Providing appropriate compensation

Article 19 The right to dispose of compensated houses and other objects that should be demolished belongs to the demolisher.

Article 20 All compensation payments shall be paid within five days after the relocation of the relocated persons is completed.

Article 21 The municipal department in charge of urban construction and demolition shall inspect and accept all demolition activities. The person being inspected shall truthfully provide relevant information and information, and the municipal urban construction and demolition administrative department shall have the responsibility to keep the technical and business secrets of the person being inspected.

The municipal urban construction and demolition authorities should establish and improve demolition archives and strengthen the management of demolition archives.

Chapter 3 Resettlement Compensation for Residential Houses

Article 22 The demolisher shall, in accordance with these Measures, provide resettlement or compensation to the demolished persons who have house ownership certificates within the scope of demolition. compensate. If two or more houses of the same demolished person are to be demolished at the same time, the resettlement houses shall be calculated together.

Article 23 Demolition compensation shall be in the form of property rights exchange, price compensation or a combination of property rights exchange and price compensation.

The area of ??property rights exchange is calculated based on the construction area of ??the house to be demolished.

The amount of price compensation is combined into a new settlement based on the replacement price of the construction area of ??the demolished house.

Article 24 If a public residential building is demolished and the user is resettled by the person being demolished, the compensation shall belong to the person being demolished. If the demolished persons find it difficult to resettle, the demolishers shall provide resettlement houses according to the construction area of ??the demolished houses. If the demolished person requests to exchange the property rights, the property rights will belong to the demolished person after the price difference is compensated; if the demolished person does not request to exchange the property rights, after compensation, the rent of the new resettlement house will be borne by the user in accordance with the housing reform regulations.

Article 25: If a house whose property rights have been returned to the owner when the private housing policy is implemented is demolished, non-property rights users will be resettled by the unit where they work or the demolisher.

Article 26 The resettlement location of the demolished persons shall be determined based on the nature of the new construction within the demolition scope. In principle, on-site resettlement for residential construction projects; relocation of non-residential construction projects; and comprehensive construction projects with two floors or less of non-residential buildings and other residential buildings.

For relocation, move from a good location to a poor location. For each different category, the resettlement area will be increased by 5%.

Article 27 If it is really difficult for the demolished people to be resettled in one place, transitional resettlement can be made first. The transitional resettlement period shall be subject to the agreement.

The transitional resettlement houses for the demolished persons can be provided by the demolishers, or they can be provided by the demolished persons themselves. If the demolisher provides a transitional resettlement house, no transitional resettlement fee will be paid; if the demolished person solves the problem by himself, the demolisher will pay the transitional resettlement fee based on the original building area and transition period of the demolished person. If the transitional period is exceeded, the transitional resettlement fee will be increased by 50% on a monthly basis from the date of overdue.

Article 28 If the demolished people are resettled and resettled once, the demolishers shall pay a one-time moving subsidy based on their permanent population; if the demolished people are transitioned first and then settled and resettled, the demolishers will be paid two moving subsidy fees.

If the distance to school for the primary and secondary school students of the demolished person increases by more than two stops (including two stops), the demolished person will provide a one-time transportation subsidy based on the number of students.

Article 29: If the demolished person purchases a house for resettlement and the area does not exceed the area of ??the demolished house, the house transaction management fee that should be paid shall be borne by the demolisher according to the commercial housing transaction management fee standard. Transaction management fees exceeding the area of ??the demolished house shall be borne by the demolished person.

Article 30: The relevant departments shall handle matters such as the transfer of household grain relations of the demolished persons and the transfer of students to other schools in a timely manner based on the certificates issued by the municipal urban construction and demolition authorities.

The work (production) time occupied by the demolished persons due to relocation will be treated as public leave by the unit where they work based on a certificate issued by the municipal urban construction and demolition authority. If it cannot be treated as a public holiday, the demolisher will provide 3 to 5 days of work loss allowance.

Chapter 4 Resettlement Compensation for Non-residential Houses

Article 31 The determination of the use nature of non-residential houses shall be based on the construction project planning permit and the house ownership certificate.

Article 32 When non-residential houses are demolished, resettlement or compensation shall be based on the construction area of ??the demolished houses.

The resettlement of non-residential houses should be subject to the overall urban planning. Units that pollute the environment and harm residents' lives will be relocated; in principle, public welfare houses, municipal public facilities, commercial service facilities and units subject to geographical restrictions will be resettled nearby.

If the demolished people resettle on their own, the demolisher shall compensate them based on the replacement price of the demolished houses.

Article 33 If a production or business unit ceases production or business due to demolition, the demolisher shall pay the demolisher the basic wages and subsidies of the registered employees (including divorced and retired employees) one month before the relocated person moves. (Referring to the subsidies stipulated by the state, province, and city) 80% of the compensation will be provided, and the compensation period shall be subject to the agreement.

Article 34 When private business houses are demolished, resettlement should be provided if conditions permit; if resettlement is indeed difficult, a one-time compensation of 30% to 50% will be increased according to the compensation standard of the original house.

Chapter 5 Rewards and Punishments

Article 35 For units or individuals that have made outstanding contributions to urban construction and demolition work, the Municipal People’s Government or the Municipal Urban Construction and Demolition Competent Department shall Give rewards.

Article 36 If the demolished persons complete the relocation ahead of schedule within the prescribed time limit, the demolisher may reward them.

Article 37 Anyone who violates these regulations and commits any of the following acts shall be punished by the municipal urban construction and demolition department in accordance with the following provisions:

(1) Failure to obtain a demolition permit Or entrust a unit that has not obtained the demolition qualification certificate to demolish without authorization, it will be given a warning, ordered to stop the demolition, and a fine of 5% of the replacement value of the demolished building area may be imposed;

(2) The demolisher Anyone who changes the scope of demolition without authorization shall be ordered to make corrections within a time limit, and a fine of 3% to 5% of the replacement value of the additional building area shall be imposed;

(3) The demolisher raises or lowers the compensation standard without authorization, If the scope of compensation and resettlement is expanded or reduced, the affected person shall be ordered to make corrections within a time limit, and shall be fined an equal amount according to the actual amount of the increase or decrease;

(4) If the demolished person exceeds the prescribed relocation period, he or she shall be liable for overdue relocation. From the date of demolition, a fine of 0.5 yuan per square meter per day will be imposed based on the construction area of ??the demolished house until the relocation is completed; (5) The demolished person fails to vacate and transition within the time limit stipulated in the agreement. If the transitional house is built, it will be given a warning and ordered to vacate within a time limit. From the date of overdue, a fine of 1 yuan per square meter per day will be imposed based on the construction area of ??the transitional house.

Article 38 If the party concerned is dissatisfied with the penalty decision made by the municipal urban construction and demolition competent department, he may, within 15 days from the date of receiving the penalty notice, submit a complaint to the superior authority of the authority that made the penalty decision. The agency applied for reconsideration. If a party is dissatisfied with the reconsideration decision, he or she may file a lawsuit with the People's Court within fifteen days from the date of receipt of the reconsideration decision. The party may also file a lawsuit directly with the People's Court. If the party concerned fails to apply for reconsideration within the time limit, does not file a lawsuit with the People's Court, and fails to implement the penalty decision, the municipal urban construction and demolition administrative department may apply to the People's Court for compulsory execution.

Article 39 All fines shall be handed over to the municipal finance, and no unit or individual may withhold, misappropriate or share them.

Article 40 Anyone who disrupts the order of demolition work, incites troubles, damages or robs property, seizes houses, or hinders urban construction and demolition workers from performing official duties in accordance with the law shall be punished by the public security organs in accordance with the regulations on public security management and penalties. ; If it constitutes a crime, criminal responsibility shall be investigated by the judicial organs in accordance with the law.

Article 41 If the staff of the municipal urban construction and demolition administrative department and the municipal urban construction and demolition management office neglect their duties, abuse their power, or practice favoritism, they shall be given administrative sanctions by their unit or the superior administrative department; If a crime is constituted, criminal liability shall be investigated by judicial organs in accordance with the law.

Chapter 6 Supplementary Provisions

Article 42 In addition to national and provincial regulations, other fee standards shall be formulated by the Municipal People's Government and submitted to the Provincial People's Government for approval before implementation.

Article 43 Demolitions on state-owned land in towns where the county people’s government is located, other organized towns and residential areas in industrial and mining areas shall be implemented with reference to these regulations.

Article 44: The municipal construction administrative department shall be responsible for interpretation of problems arising from the specific application of these Measures.

Article 45 These Measures shall come into effect from the date of promulgation. The "Interim Regulations on Urban Construction and Demolition Management of Luoyang City" promulgated by the Municipal People's Government on August 13, 1990 were abolished at the same time.