20 19 Lianyungang city housing demolition management regulations and demolition compensation standard (full text)

Chapter II Demolition Management

Chapter III Compensation and Resettlement for Demolition

Chapter IV Demolition Assessment

Chapter V Punishment

Chapter VI Supplementary Provisions

County, District People's governments, municipal committees, offices, bureaus and directly affiliated units of the city:

The "Lianyungang city housing demolition management regulations" issued to you, please implement.

April 2003 1 day

Provisions of Lianyungang Municipality on the Administration of Urban House Demolition

Chapter I General Provisions

Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the demolition parties and ensure the smooth progress of construction projects, these Provisions are formulated in accordance with the relevant laws and regulations such as the Regulations on the Management of Urban House Demolition in the State Council (hereinafter referred to as the the State Council Regulations) and the Regulations on the Management of Urban House Demolition in Jiangsu Province (hereinafter referred to as the Provincial Regulations), and combined with the actual situation of this Municipality.

Article 2 These Provisions shall apply to the demolition of houses on state-owned land within the urban planning area of this Municipality, which requires compensation and resettlement for the people to be demolished.

Article 3 Urban house demolition must conform to urban planning, which is conducive to the transformation of old areas and the improvement of ecological environment, and the protection of cultural relics and historic sites.

Article 4 The demolisher shall, in accordance with these Provisions, compensate and resettle the demolished person; The person to be demolished shall complete the relocation within the relocation period.

The term "demolition" as mentioned in these Provisions refers to the unit that has obtained the permit for house demolition.

The term "demolition unit" as mentioned in these Provisions refers to the unit that specifically organizes and implements the demolition work.

The term "demolition" as mentioned in these Provisions refers to the owner of the house to be demolished.

Article 5 Lianyungang Housing Demolition and Resettlement Office is the administrative department of urban housing demolition of the Municipal People's Government (hereinafter referred to as the administrative department of urban housing demolition), and is responsible for the supervision and management of urban housing demolition.

The District People's Government and the relevant departments of city and district planning, construction, land, real estate, price, industry and commerce, taxation, public security, etc. shall cooperate with each other in accordance with relevant laws and regulations and these Provisions to ensure the smooth progress of the management of urban house demolition.

Chapter II Demolition Management

Sixth demolition of houses to implement the "housing demolition permit" system. Demolition of housing units to obtain the "housing demolition permit", before the implementation of demolition.

Seventh to apply for the "Housing Demolition Permit", the following materials shall be submitted to the municipal housing demolition management department:

(a) construction land planning permit (with red line map);

(two) the approval document of the right to use state-owned land;

(three) the demolition plan and demolition plan.

City housing demolition management department shall review within 05 days from the date of receiving the application; Upon examination, those who meet the requirements and deposit the compensation and resettlement funds for house demolition in full into the special bank account set up by the municipal house demolition management department and pay the demolition management fee according to the regulations will be issued with a house demolition permit.

Within 10 days after the issuance of the house demolition permit, the demolisher shall go through the formalities for cancellation of registration and filing of the ownership certificate of the demolished house with the house demolition permit to the municipal real estate management department.

Eighth housing demolition compensation and resettlement funds should be earmarked for demolition compensation and resettlement, and shall not be used for other purposes.

City housing demolition management department is responsible for the unified management and settlement of housing demolition compensation and resettlement funds, and accept the supervision of the municipal finance and auditing departments. The specific measures shall be formulated separately by the municipal housing demolition management department.

Ninth city housing demolition management department in the issuance of the "housing demolition permit" at the same time, it should be the "housing demolition permit" specified in the demolition, demolition scope, demolition period and other matters, in the form of housing demolition notice to be published.

City housing demolition management department, demolition and demolition units should do a good job in publicity and interpretation.

Tenth people should be taken in the "housing demolition permit" to determine the scope and duration of the implementation of housing demolition, demolition scope and duration shall not be changed without authorization.

Need to extend the demolition period, the demolition should be before the expiration of the demolition period, apply to the municipal housing demolition management department for an extension of the demolition; City housing demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition.

Eleventh residents can entrust a unit with the qualification to carry out the demolition; Those who meet the corresponding conditions can also be removed from the list.

City housing demolition management department shall not be taken as a demolition, nor shall it accept the entrustment of demolition.

Engaged in the demolition of the staff must go through the professional training of the municipal housing demolition management department, pass the examination, and obtain the "demolition certificate" before they can engage in the demolition work.

Commissioned by the demolition service fee standards formulated by the municipal price department.

Twelfth demolition commissioned by the demolition, it shall issue a power of attorney to the entrusted demolition unit, and conclude a demolition contract. The demolisher shall, within 05 days from the date when the demolition entrustment contract is concluded, report the demolition entrustment contract to the municipal housing demolition management department for the record.

The entrusted demolition unit shall not transfer the demolition business.

Thirteenth after the demolition scope is determined and announced, all units and individuals within the scope of demolition shall not carry out the following activities:

(a) new construction, expansion, renovation and decoration of houses;

(2) Changing the use of houses and land;

(3) renting a house.

City housing demolition management department shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension shall specify the suspension period. The longest suspension period shall not exceed 1 year; If the demolition needs to extend the suspension period, it must be approved by the municipal housing demolition management department, and the extension of the suspension period shall not exceed 1 year.

Fourteenth demolition and demolition should be carried out in accordance with the provisions of the demolition compensation agreement.

The demolition compensation and resettlement agreement shall contain the following items:

(a) the way and amount of compensation;

(two) the location and construction area of the property right exchange house;

(3) Time limit for relocation;

(four) the transition mode and the transition period;

(five) the amount and payment method of the house price difference of the property right exchange;

(6) Liability for breach of contract and dispute settlement methods;

(seven) other provisions that the parties consider necessary.

Demolition of rental housing, the demolition should be taken and the lessee signed a demolition compensation and resettlement agreement.

Fifteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolished person or lessee refuses to move within the relocation period, the demolished person may apply to an arbitration institution for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law.

Sixteenth demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the municipal housing demolition management department ruled. City housing demolition management department is the demolition, ruled by the Municipal People's government. The ruling shall be made within 30 days from the date of accepting the application.

If a party refuses to accept the award, it may bring a lawsuit to the people's court within 3 months from the date of service of the award. According to the demolition regulations, the demolition person shall give monetary compensation or provide resettlement houses or transitional houses, and the execution of demolition shall not be stopped during the litigation.

Article 17 If the demolished person or lessee fails to move within the relocation period stipulated in the ruling, the Municipal People's Government shall instruct the relevant departments to forcibly move, or the municipal house demolition management department shall apply to the people's court for compulsory relocation according to law.

Before the implementation of compulsory demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.

Eighteenth municipal construction projects need to remove houses, in accordance with the principle of removing land first and then handling disputes. The demolished person and the lessee shall, in accordance with the requirements of the demolition notice period, ensure the scheduled demolition.

The term "municipal construction projects" as mentioned in these Provisions refers to the municipal infrastructure construction projects such as urban roads, urban bridges and culverts, urban flood control and drainage facilities, urban green spaces, squares, gas, heat and water supply approved by the municipal government.

Nineteenth housing demolition construction must be undertaken by enterprises that have the conditions to ensure safety and have the qualification of construction enterprises. When undertaking the demolition business, the demolition construction enterprise must formulate the demolition plan and safety measures, pay the deposit according to the relevant provisions, and implement the demolition business only after being approved by the municipal housing demolition management department. The specific measures shall be formulated separately by the municipal housing demolition management department.

Twentieth has not yet completed the transfer of demolition compensation and resettlement construction projects, should be approved by the municipal housing demolition management department, the original demolition compensation and resettlement agreement stated in the relevant rights and obligations will be transferred to the project assignee. The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, notify the demolished person in writing and make an announcement.

Twenty-first people should be taken within 30 days after the demolition of the original housing ownership certificate to the city housing ownership registration authority for cancellation of registration.

City housing demolition management department should establish and improve the demolition file management system, strengthen the management of demolition files.

Chapter III Compensation and Resettlement for Demolition

Twenty-second people should be taken in accordance with the provisions of the demolition compensation.

Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; Demolition of temporary buildings that have not exceeded the approved period shall be appropriately compensated according to the replacement price of the construction area and the remaining period (unless otherwise stipulated by the planning department).

Twenty-third demolition compensation can be monetary compensation, but also the exchange of property rights equivalent to monetary compensation.

In addition to the provisions of the second paragraph of article twenty-ninth, the demolition can choose compensation.

Twenty-fourth monetary compensation amount is determined according to the location, use, construction area and other factors of the house to be demolished, and the demolisher shall compensate the demolished person. The specific measures shall be formulated separately by the municipal price and housing demolition management department according to the relevant provisions of the province.

The construction area of the house to be demolished shall be subject to the house ownership certificate. If the demolished person cannot provide the house ownership certificate, he may apply to the municipal real estate management department for ownership registration, and the municipal real estate management department shall, within 7 days from the date of receiving the application, make a decision on whether to approve or not to register, and notify the parties in writing. In line with the conditions for granting registration, the municipal real estate management department shall issue the house ownership certificate within 10 days from the date of accepting the application.

Article 25 Where the house property right exchange is implemented, the demolisher and the demolished person shall, in accordance with the provisions of the first paragraph of Article 24 of these Provisions, calculate the compensation amount of the house to be demolished and the price of the house to be exchanged (the price of the new house shall be approved by the competent price department), and settle the price difference of the property right exchange.

Demolition should provide houses that meet the national quality and safety standards for demolition and resettlement. Resettlement in different places shall be arranged at one time.

The transition period of demolition shall generally not exceed 18 months from the date when the demolished person or lessee vacates the house. Demolition, demolition or public housing tenant shall abide by the transitional period.

Due to the responsibility of the demolition to extend the transition period, from the overdue month onwards, unless otherwise agreed by the parties, the demolition should be in accordance with the following provisions to the demolition or public housing tenant to pay temporary resettlement subsidies:

(a) for the demolition or housing tenant to solve the transitional housing, the extension time is within 12 months, and the temporary resettlement subsidy is increased by 1 times; If the extension time exceeds 12 months, the temporary resettlement subsidy will be increased by 2 times from the month exceeding;

(two) provided by the demolition of transitional housing, the extension time in the relocation time+0.2 months, according to the standard to pay temporary resettlement subsidies; If the extension time exceeds 12 months, the temporary resettlement subsidy will be increased by 1 times from the second month after the extension.

If a legal residential house approved for construction is demolished within 5 years from the date of completion to the date of issuing the demolition permit, the demolisher will increase the housing compensation amount by 15%.

Twenty-sixth demolition of public housing, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation.

Demolition of primary and secondary school buildings or kindergartens shall be approved by the administrative department of education, and new school buildings and kindergartens shall be built in accordance with the planning requirements and the principle of first building and then demolition. The expenses required for expansion shall be borne by the demolished person. Due to the needs of national key construction projects, the demolished primary and secondary schools and kindergartens need to be demolished while building, and the municipal housing demolition management department shall, jointly with the education administrative department and the demolished person, properly arrange for students to enter school, and the demolished person shall be compensated according to the regulations.

Demolition of private primary and secondary school buildings or kindergartens, the demolition can also choose monetary resettlement.

Twenty-seventh demolition involves military facilities, churches, temples, cultural relics and other houses, in accordance with the provisions of relevant laws and regulations.

Twenty-eighth people who have only one house and the amount of monetary compensation is lower than the minimum compensation standard, the demolition should be monetary compensation in accordance with the minimum compensation standard.

If the demolished person cannot solve the housing after receiving monetary compensation in accordance with the provisions of the preceding paragraph of this article, the demolished person shall use its monetary compensation to purchase second-hand houses with a construction area of about 50 square meters in different places for resettlement. Resettlement of housing beyond the purchase area of monetary compensation, the demolition should pay the difference according to the market evaluation price.

The minimum compensation standard for demolition is: 40,000 yuan for the first-class area, 35,000 yuan for the second-class area and 30,000 yuan for the third-class area.

Twenty-ninth demolition of public rental housing to implement the rent standards set by the government, by the lessee to buy and terminate the lease relationship at 90% of the replacement price of the house to be demolished, by the demolition of the lessee for compensation and resettlement.

If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person. If the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee.

If the contents of the lease contract are changed due to demolition, it shall be changed according to the needs of urban construction.

Demolition of public houses directly managed by the real estate management department is changed from residential houses to non-residential houses. If the lessee of public houses chooses monetary compensation, the property owner will give monetary compensation according to 1.5 times the location compensation price of residential houses in similar areas.

Thirtieth because of the state's private housing reform policy to form a lease relationship, the implementation of monetary compensation. In addition to monetary compensation, the demolition should also pay location compensation to the lessee as a house purchase subsidy.

Thirty-first demolition of houses with unclear property rights or managed by the housing management department, the demolition should put forward a compensation and resettlement plan, and implement the demolition after reporting to the municipal housing demolition management department for approval. The compensation fee for demolition shall be paid by the demolition person to the municipal real estate department in accordance with the relevant provisions. Before the demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.

Thirty-second demolition of houses with mortgages or houses with mortgages on land shall be carried out in accordance with the relevant state laws on guarantees.

Thirty-third people should be taken to the demolition or public housing tenant to pay moving subsidies.

Monetary compensation, the demolition of a one-time payment of 6 months of temporary resettlement subsidies.

The implementation of property rights exchange, in the transition period, the demolition or housing tenant to arrange accommodation, the demolition should pay temporary resettlement subsidies; If the demolished person or lessee uses the transitional housing provided by the demolished person, the demolished person shall not pay the temporary resettlement subsidy.

The standards for moving subsidies and temporary resettlement subsidies shall be formulated separately by the municipal housing demolition management department and the price management department.

Thirty-fourth due to the demolition of non residential houses caused by the suspension of production and business, the demolition should be given a one-time comprehensive subsidy. The specific standards shall be formulated separately by the municipal housing demolition management department and the price management department.

Chapter IV Demolition Assessment

Thirty-fifth institutions engaged in housing demolition assessment should have the required real estate assessment qualifications.

City real estate, housing demolition and price management departments should publish the list of demolition assessment agencies to the public every year for the demolition and relocation of people to choose.

Thirty-sixth demolition assessment should comprehensively consider the following factors related to the demolished houses:

(1) Location: the location benchmark price of the house to be demolished, as well as the location adjustment factors such as the surrounding environment of the house, the convenience of transportation and commercial services, and the supporting conditions of public facilities. The location benchmark price shall be drawn up by the municipal price management department in conjunction with the municipal housing demolition management department, approved and promulgated by the Municipal People's government, and adjusted in a timely manner according to market conditions.

(II) Purpose: The purpose indicated in the house ownership certificate shall prevail. If the purpose of the house ownership certificate is not specified, the purpose recorded in the property right file shall prevail. However, for those who have obtained the industrial and commercial business license and have been operating for more than 1 year, they can refer to the business premises for evaluation.

The final evaluation price is the highest in comprehensive evaluation method and market comparison method.

Non-residential houses (subject to the purpose indicated in the house ownership certificate or the purpose recorded in the property right file) are evaluated by comprehensive evaluation method and market comparison method (or income method), and the average of the results of the two evaluation methods is taken as the final evaluation price. The comprehensive evaluation method is used to evaluate the transformation of residential houses into non-residential houses.

Residential housing has been changed into non-residential housing, which is actually legally operated. If the following conditions are met, 90% of the non-residential houses are evaluated by the comprehensive evaluation method, and the residential houses are evaluated by the comprehensive evaluation method 10%. 50% of the business premises with non-street pavement adopt the comprehensive evaluation method of non-residential premises, and 50% adopt the comprehensive evaluation method of residential premises.

1. Self-operated private residence

(1) It has the house ownership certificate and the state-owned land use right certificate, and its business location is within the legal building scope;

(two) in accordance with the law to pay more than 3 years of non residential housing property tax and annual land rent;

(3) The valid business license and tax registration certificate of the owner, owner or immediate family members who have lived together for more than 3 years.

2. Private leasing business

(1) has items 1 and 2 in the conditions of private houses and self-management mentioned in the preceding paragraph;

(2) A certificate of operating house lease and a certificate of other rights of land (lease permit for the right to use state-owned land);

(3) Having a valid business license and tax registration certificate consistent with the house lease contract.

If the residential houses that do not meet the above conditions have been changed into non-residential houses and are actually legally operated, the commercial houses along the street shall be assessed by 40% with reference to the comprehensive evaluation method of non-residential houses and 60% with reference to the comprehensive evaluation method of residential houses. 20% of non-street commercial buildings adopt the comprehensive evaluation method of non-residential buildings, and 80% adopt the comprehensive evaluation method of residential buildings.

(3) Construction area: the construction area specified in the house ownership certificate. If the construction area is less than the land use area, the location compensation area shall be calculated according to the land use area;

(4) Decoration: Decoration compensation should be calculated in combination with the grade, price and depreciation period of decoration materials;

(5) Other factors: building structure, maturity, floor, height, orientation, etc.

Thirty-seventh institutions to evaluate the real estate market price of the demolished houses shall be selected by both the demolished and the demolished; Demolition and demolition can not reach an agreement, by the city housing demolition management department in line with the conditions of the assessment agencies to determine the lottery, the city housing demolition management department should be in the lottery 3 days before the demolition site announced the time and place of the lottery.

The cost of the real estate market evaluation of the demolished houses by the evaluation institution shall be borne by the demolisher.

Thirty-eighth demolition or demolition of the assessment results have objections, you can ask the assessment agencies to explain and explain within 5 working days from the date of delivery of the assessment results. The evaluation institution shall make explanations and explanations within 5 working days. After explanation, there are still objections, and those who disagree with the demolition or relocation may entrust other assessment agencies that meet the requirements to re-evaluate.

If the re-evaluation result and the original evaluation result are within the allowable error range, the original evaluation result is valid, and the re-evaluation fee shall be borne by the client. If the re-evaluation results and the original evaluation results are beyond the allowable error range, the municipal housing demolition management department will draw lots from the expert database to select experts for identification. If the original appraisal result is adopted for appraisal, the expenses for re-appraisal and expert appraisal shall be borne by the re-appraisal client and re-appraisal institution. If the appraisal results are re-evaluated, the expenses of re-evaluation and expert appraisal shall be borne by the client and the relative person of the original appraisal institution.

The allowable error range mentioned in the preceding paragraph is 3% of the assessed amount of the demolished house.

The expert appraisal fee mentioned in the preceding paragraph shall be borne by the demolisher or the demolished person at the rate of 10% and the appraisal institution at the rate of 90%.

Assessment agencies charge assessment fees according to the standards set by the municipal price management department.

Thirty-ninth people should be taken in the assessment within 5 days after the end of the demolition site announced the assessment results.

Chapter V Punishment

Article 40 Whoever, in violation of the provisions of this Ordinance, carries out demolition without obtaining the permit for house demolition, shall be ordered by the municipal house demolition management department to stop the demolition according to the provisions of Article 34 of the State Council's Regulations, given a warning and imposed with a fine of more than 20 yuan and less than 50 yuan per square meter of the construction area of the house to be demolished.

Article 41 Where a demolition person, in violation of the provisions of these Regulations, obtains a house demolition permit by deception, the municipal house demolition management department shall revoke the house demolition permit according to the provisions of Article 35 of the Regulations of the State Council, and impose a fine of more than 3% of the compensation and resettlement funds and less than 65,438 yuan.

Forty-second demolition in violation of these provisions, one of the following acts, by the municipal housing demolition management department in accordance with the provisions of Article 36 of the "Regulations" of the State Council, shall be ordered to stop the demolition, given a warning, and may impose a fine of less than 3% of the demolition compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked:

(a) the implementation of house demolition is not in accordance with the scope of demolition determined by the house demolition permit;

(two) entrust a unit that does not have the qualification for demolition to carry out demolition;

(three) to extend the demolition period without authorization.

Article 43 If the entrusted demolition unit transfers the demolition business in violation of the provisions of these regulations, the municipal housing demolition management department shall order it to make corrections according to Article 37 of the Regulations of the State Council, confiscate the illegal income and impose a fine of more than 25% and less than 50% of the demolition service fee agreed in the contract.

Forty-fourth demolition parties in violation of these provisions, the assessment agencies do not meet the requirements of the demolition assessment, the housing demolition management department shall order it to make corrections.

Article 45 If the appraisal institution colludes with the parties involved in the demolition and deliberately lowers or raises the appraisal price of the demolished house real estate market, the appraisal result is invalid, and the municipal house demolition management department shall impose a fine of more than 5,000 yuan and less than 50,000 yuan according to the provisions of Article 25 of the Provincial Regulations; Illegal income, confiscate the illegal income; If the circumstances are serious, suspend or even cancel the assessment qualification; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law.

Article 46 If the staff of the house demolition management department and other relevant departments neglect their duties, exceed their powers or abuse their powers, engage in malpractices for selfish ends, extort bribes and infringe upon the legitimate rights and interests of the demolition parties, the directly responsible person in charge and the directly responsible personnel shall be given administrative sanctions by their departments or higher authorities; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Forty-seventh in the urban planning area of this Municipality, the implementation of housing demolition on foreign land, and the need for compensation and resettlement of the demolition, with reference to these provisions.

Forty-eighth county people's government may formulate specific management measures with reference to these regulations.

Forty-ninth these Provisions shall be interpreted by the municipal housing demolition management department.

Fiftieth these Provisions shall come into force as of April 5, 2003. On April 4, 2002, the municipal government issued the "Regulations on the Administration of Urban Housing Demolition in Lianyungang City" (No.56 [2002] of Lianfa) which shall be abolished at the same time.

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