Joke Collection Website - News headlines - In the transformation of the old city, the demolition only pays for the house, not the land. How to pay the state-owned land ownership certificate and real estate license?

In the transformation of the old city, the demolition only pays for the house, not the land. How to pay the state-owned land ownership certificate and real estate license?

State-owned land ownership certificate, real estate certificate, look at the Regulations on Expropriation and Compensation of Houses on State-owned Land.

If negotiation fails, you can sue.

Chapter III Compensation

Seventeenth people's governments at the city and county level that have made the decision on house expropriation shall pay compensation to the expropriated person, including:

1. Compensation for the value of the expropriated house;

Compensation for relocation and temporary resettlement caused by expropriation of houses;

(3) Compensation for losses caused by expropriation of houses.

The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.

Eighteenth expropriation of individual housing, the expropriated person meets the housing security conditions, the municipal and county people's governments shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Nineteenth the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision. The value of the expropriated house is assessed and determined by the real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method.

If there is any objection to the value of the expropriated house determined by the assessment, it may apply to the real estate price assessment agency for review and assessment. If there is any objection to the review results, you can apply to the real estate price evaluation expert Committee for appraisal.

Measures for the assessment of housing expropriation shall be formulated by the competent department of housing and urban construction in the State Council, and opinions shall be solicited from the public during the formulation process.

Twentieth real estate price assessment agencies are selected by the expropriated person through consultation; If negotiation fails, it shall be determined by majority decision and random selection, and the specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and no unit or individual may interfere.

Twenty-first expropriated people can choose monetary compensation, but also choose the exchange of housing property rights.

If the expropriated person chooses to exchange property rights, the people's government at the city or county level shall provide houses with property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the houses with property rights exchange with the expropriated person.

Because of the expropriation of individual houses in the old city, if the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, the people's government at the city or county level that made the decision on house expropriation shall provide the houses in the reconstruction area or nearby areas.

Twenty-second relocation caused by the expropriation of houses, the house expropriation department shall pay the relocation fee to the expropriated person; If the house property right exchange is selected, before the house property right exchange is delivered, the house expropriation department shall pay the temporary resettlement fee to the expropriated person or provide the revolving house.

Twenty-third compensation for losses caused by the expropriation of houses shall be determined according to the benefits before the expropriation of houses and the period of suspension of production and business. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Twenty-fourth city and county people's governments and their relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with violations of urban and rural planning.

Before the people's government at the city or county level makes a decision on house expropriation, it shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. If it is recognized as a legal building and a temporary building that does not exceed the approved period, it shall be compensated; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.

Article 25 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Regulations, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house for property rights exchange, relocation expenses, temporary resettlement expenses or revolving houses, losses due to suspension of production or business, relocation period, transition mode and transition period.

After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.

Article 26 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unclear, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of this Ordinance, and make an announcement within the scope of house expropriation.

The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 25 of these Regulations.

If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Twenty-seventh the implementation of housing expropriation should be compensated first, and then moved.

After the people's government at the city or county level that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision.

No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.

Article 28 If the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the people's government at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.

The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house.

Twenty-ninth house expropriation departments shall establish compensation files for house expropriation according to law, and announce the household compensation to the expropriated person within the scope of house expropriation.

Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.

Measures for the Assessment of House Expropriation on State-owned Land (full text)

Housing and Urban-Rural Development Departments of all provinces and autonomous regions, Housing and Urban-Rural Development Committees of municipalities directly under the Central Government (Premises Bureau), Construction Bureau of Xinjiang Production and Construction Corps:

According to the Regulations on Expropriation and Compensation of Houses on State-owned Land, the Ministry has formulated the Measures for Expropriation and Evaluation of Houses on State-owned Land. It is issued to you, please follow it.

Annex: Measures for Assessment of House Expropriation on State-owned Land

Ministry of housing and urban-rural development of the people's Republic of China

20 1 1 Jun. 3, 2008

Attachment:

Measures for expropriation and evaluation of houses on state-owned land

Article 1 These Measures are formulated in accordance with the Regulations on the Expropriation and Compensation of Houses on State-owned Land in order to standardize the activities of expropriation and evaluation of houses on state-owned land and ensure the objective and fair results of expropriation and evaluation of houses.

Article 2 These Measures shall apply to the valuation of houses expropriated on state-owned land and houses used for property rights exchange, the calculation of similar real estate market prices of expropriated houses, and the review, evaluation and appraisal of relevant evaluation results.

Article 3 Real estate appraisal institutions, real estate appraisers and members of the real estate appraisal expert committee (hereinafter referred to as the appraisal expert committee) shall independently, objectively and impartially evaluate and appraise the house expropriation, and be responsible for the appraisal and appraisal opinions issued.

No unit or individual may interfere in the assessment and valuation activities of house expropriation. If there is an interest in the parties involved in the house expropriation, it should be avoided.

Article 4 The real estate price appraisal institution shall be selected by the expropriated person through consultation within the specified time; If negotiation fails within the specified time, the house expropriation department shall organize the expropriated person to vote on the decision according to the principle that the minority is subordinate to the majority, or decide by random means such as drawing lots and shaking numbers. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Real estate price assessment agencies shall not take improper means such as catering to the improper requirements of the parties involved in the expropriation, false propaganda, malicious low fees and so on to undertake the house expropriation assessment business.

Article 5 The house expropriation evaluation of the same expropriation project shall, in principle, be undertaken by the real estate price evaluation institution. If the scope of house expropriation is large, it can be shared by more than two real estate price assessment agencies.

Where more than two real estate price assessment agencies undertake the project, one real estate price assessment agency shall be determined as the lead unit through negotiation; The lead unit shall organize relevant real estate price appraisal institutions to communicate on the appraisal object, appraisal time, value connotation, appraisal basis, appraisal hypothesis, appraisal principle, appraisal technical route, appraisal method, selection of important parameters, and determination method of appraisal results, and unify the standards.

Article 6 After a real estate appraisal institution is selected or confirmed, the house expropriation department will generally act as the client, issue a power of attorney for house expropriation appraisal to the real estate appraisal institution, and sign an entrustment contract for house expropriation appraisal with it.

The power of attorney for house expropriation evaluation shall specify the name of the client, the name of the entrusted real estate price evaluation institution, the purpose of evaluation, the scope of the evaluation object, the evaluation requirements and the date of entrustment.

The entrustment contract for house expropriation evaluation shall contain the following items:

The basic information of the client and the real estate price appraisal institution;

(2) Certified real estate appraiser in charge of this appraisal project;

(three) the evaluation purpose, evaluation object, evaluation time and other basic matters;

The information required for the evaluation that the client should provide;

(five) the rights and obligations of both parties in the evaluation process;

(six) assessment fees and collection methods;

The delivery time and method of the evaluation report;

VIII. Liability for breach of contract.

(9) Methods for resolving disputes;

(ten) other matters that need to be stipulated.

Article 7 A real estate appraisal institution shall assign a sufficient number of registered real estate appraisers to carry out the appraisal work in accordance with the workload of the house expropriation appraisal project.

Real estate appraisal institutions shall not transfer or transfer the entrusted house expropriation and appraisal business in disguised form.

Article 8 The purpose of the evaluation of the value of the expropriated house is expressed as "to provide a basis for the house expropriation department and the expropriated person to determine the compensation of the value of the expropriated house and evaluate the value of the expropriated house".

The purpose of evaluating the value of property rights exchange houses should be expressed as "to provide a basis for the house expropriation department and the expropriated person to calculate the difference between the value of the expropriated house and the value of the property rights exchange house, and to evaluate the value of the property rights exchange house".

Ninth before the house expropriation evaluation, the house expropriation department shall organize the relevant units to investigate the situation of the house to be expropriated, and make clear the evaluation object. The evaluation object shall be comprehensive and objective, and shall not be omitted or fictional.

The house expropriation department shall provide the housing information within the scope of expropriation to the entrusted real estate price appraisal institution, including the identification and processing results of registered housing information and unregistered buildings. The survey results shall be announced to the expropriated person within the scope of house expropriation.

The nature, use and construction area of registered houses are generally subject to the records in the house ownership certificate and the house registration book; If the records of the house ownership certificate are inconsistent with the records of the house register, the house register shall prevail, unless there is evidence to prove that the house register is indeed wrong. For unregistered buildings, it should be evaluated according to the identification and treatment results of the people's governments at the city and county levels.

Article 10 The time point for evaluating the value of the house to be expropriated is the date when the decision on house expropriation is announced.

The appraisal time of the property right exchange house value should be consistent with the appraisal time of the expropriated house value.

Article 11 The value of the expropriated house refers to the land use right of the expropriated house and the amount of its occupied area, which are voluntarily traded by both parties who are familiar with the situation in a fair way at the time of evaluation, without considering the influence of factors such as lease, mortgage and seizure of the expropriated house.

The term "not considering the influence of lease factors" as mentioned in the preceding paragraph refers to the evaluation of the value of the expropriated house without lease restrictions; Regardless of the influence of mortgage and seizure factors, it means that the amount of creditor's rights secured by the mortgaged house, the construction project price in arrears and other statutory priority payments are not deducted from the assessed value.

Article 12 A real estate appraisal institution shall arrange a registered real estate appraiser to conduct on-the-spot investigation on the expropriated house, investigate the condition of the expropriated house, take photos and other video materials reflecting the internal and external conditions of the expropriated house, make on-the-spot investigation records and keep them properly.

The expropriated person shall assist the registered real estate appraiser to conduct on-the-spot investigation on the expropriated house, and provide or assist in collecting the information and materials needed for the value evaluation of the expropriated house.

The house expropriation department, the expropriated person and the registered real estate appraiser shall sign or seal the field survey records for confirmation. If the expropriated person refuses to sign or seal the field survey record, it shall be witnessed by the house expropriation department, the registered real estate appraiser and the third party who has no interest, and the relevant information shall be explained in the evaluation report.

Article 13 A certified real estate appraiser shall, according to the appraisal object and the local real estate market, analyze the applicability of the appraisal methods such as market method, income method, cost method and hypothetical development method, and select one or more of them to evaluate the value of the expropriated house.

If there is a transaction in the similar real estate of the expropriated house, the market method should be adopted to evaluate it; If the expropriated house or its similar real estate has economic benefits, the income method shall be adopted for evaluation; If the expropriated house is under construction, the hypothetical development method should be adopted for evaluation.

If more than two evaluation methods can be used for evaluation at the same time, more than two evaluation methods should be used for evaluation, and the evaluation results should be reasonably determined after checking and comparing the calculation results of various evaluation methods.

Fourteenth the evaluation of the value of the expropriated house should consider the location, use, building structure, old and new degree, building area, land use rights and other factors that affect the value of the expropriated house.

The interior decoration value of the expropriated house, the relocation expenses of machinery, equipment and materials, and the compensation for the loss of production and business suspension shall be determined by the expropriated parties through consultation; If negotiation fails, you can entrust a real estate price assessment agency for assessment.

Fifteenth housing levy evaluation value should be in RMB as the monetary unit, accurate to yuan.

Sixteenth real estate price assessment agencies shall, in accordance with the provisions of the housing levy assessment power of attorney or entrustment contract, provide the preliminary assessment results of households to the housing levy department. The results of preliminary household assessment shall include the composition, basic situation and evaluation value of the assessment object. The house expropriation department shall publicize the preliminary assessment results of households within the scope of expropriation.

During the publicity period, the real estate appraisal institution shall arrange a registered real estate appraiser to explain the preliminary appraisal results of the household on the spot. There are mistakes, real estate price assessment agencies should be corrected.

Seventeenth household preliminary assessment results after the expiration of the publicity, the real estate price assessment agencies shall provide the housing expropriation departments with the overall assessment report and household assessment report of the houses to be expropriated within the scope of entrusted assessment. The house expropriation department shall forward the household assessment report to the expropriated person.

The overall assessment report and the household assessment report shall be signed by two or more registered real estate appraisers responsible for the house expropriation assessment project, and stamped with the official seal of the real estate price assessment agency. Seal shall not be used instead of signature.

Eighteenth real estate price assessment agencies to complete the housing levy assessment business, it should be the assessment report and related information archiving.

Article 19 If the expropriated person or the house expropriation department has doubts about the assessment report, the real estate price assessment agency that issued the assessment report shall explain and explain it to him.

Article 20 If the expropriated person or the house expropriation department has any objection to the evaluation result, it shall apply to the real estate price appraisal institution for review and evaluation within 10 days from the date of receiving the evaluation report.

To apply for review and evaluation, a written application for review and evaluation shall be submitted to the original real estate price evaluation institution, and the problems existing in the evaluation report shall be pointed out.

Article 21 The original real estate appraisal institution shall re-examine the appraisal results within 10 days from the date of receiving the written application for re-appraisal. After the review, if the original evaluation results change, an evaluation report shall be issued again; If the evaluation results have not changed, it shall inform the applicant for review and evaluation in writing.

Article 22 If the expropriated person or the house expropriation department has any objection to the review result of the original real estate price appraisal institution, it shall apply to the expert committee of the place where the expropriated house is located within 10 days from the date of receiving the review result. If the expropriated person still has any objection to the compensation, it shall be handled in accordance with the provisions of Article 26 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

Twenty-third provinces, autonomous regions, urban and rural housing construction departments and districts of the city real estate management departments shall organize the establishment of evaluation expert committees to identify the results of the review of real estate price assessment agencies.

The appraisal expert committee consists of real estate appraisers and experts in price, real estate, land, urban planning and law.

Twenty-fourth evaluation expert committee shall select members to form an expert group to identify the evaluation results. The members of the expert group shall be an odd number of more than 3 people, of which the real estate appraisers shall not be less than half.

Article 25 The appraisal expert committee shall, within 65,438+00 days from the date of receiving the appraisal application, review the appraisal procedure, appraisal basis, appraisal hypothesis, appraisal technical route, selection of appraisal methods, selection of parameters and determination of appraisal results, and issue written appraisal opinions.

Appraised by the evaluation expert committee, if there are no technical problems in the evaluation report, the evaluation report shall be maintained; If there are technical problems in the assessment report, the real estate price assessment agency that issued the assessment report shall correct the mistakes and re-issue the assessment report.

Twenty-sixth housing expropriation evaluation process, the real estate price assessment agencies shall, in accordance with the requirements of the evaluation expert committee, explain the evaluation related matters. Where it is necessary to conduct on-the-spot survey and investigation on the houses to be expropriated, the relevant units and individuals shall provide assistance.

Twenty-seventh because of the housing expropriation evaluation, review evaluation, appraisal work needs to query the expropriated houses and the relevant real estate transaction information used by the owners of houses for property rights exchange, the real estate management department and other relevant departments shall provide convenience.

Twenty-eighth in the process of housing expropriation evaluation, the housing expropriation department or the expropriated person does not cooperate or provide relevant information, and the real estate price appraisal institution shall explain the relevant situation in the evaluation report.

Twenty-ninth unless the government has special provisions on the price of houses for property rights exchange, the market value of houses for property rights exchange should be determined through evaluation.

Article 30 The similar real estate of the house to be expropriated refers to the real estate that is the same as or similar to the location, use, nature of rights, grade, old and new degree, scale and building structure of the house to be expropriated.

The market price of the expropriated house similar to real estate refers to the average transaction price of the expropriated house similar to real estate at the evaluation time. To determine the market price of expropriated houses similar to real estate, accidental and abnormal factors should be excluded.

Thirty-first housing levy appraisal fees shall be borne by the client. However, if the evaluation changes the original evaluation result, the evaluation fee shall be borne by the original real estate price evaluation institution. The cost of review and assessment shall be borne by the original real estate price assessment agency. The appraisal fee for house expropriation shall be implemented in accordance with the charging standard stipulated by the government price department.

Article 32 In the house expropriation and evaluation activities, the illegal acts of real estate appraisal institutions and real estate appraisers shall be punished in accordance with the Regulations on House Expropriation and Compensation on State-owned Land, the Measures for the Administration of Real Estate Appraisal Institutions and the Measures for the Administration of Registered Real Estate Appraisers. In violation of the provisions of the charges, the competent price department of the government shall be punished in accordance with the provisions of the People's Republic of China (PRC) Price Law.

Article 33 These Measures shall come into force as of the date of promulgation. June 5438+February 2003 1 The Guiding Opinions on Urban Housing Demolition and Valuation issued by the former Ministry of Construction shall be abolished at the same time. However, before the implementation of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the original provisions will still be used for projects that have obtained the house demolition permit according to law.