the people's government of fuzhou
Article 1 These Provisions are formulated in accordance with the Measures for the Administration of Urban House Demolition in Fuzhou (hereinafter referred to as the Measures).
Second, the "measures" referred to in attachments, refers to the buildings and structures attached to the house, such as protective walls, wells, outdoor toilets, parking kiosks, sundry rooms, corral, etc.
Removal of attachments to non-public housing, no property rights exchange, the demolition of appropriate economic compensation.
Three, the "measures" referred to in the second paragraph of Article 3 of the custodian, including real estate management agencies in accordance with the law to escrow housing and housing owners entrusted by the legal person or citizen.
Four, the "measures" referred to in municipal construction projects, refers to the road traffic, river bridges and culverts, water supply and drainage, power supply and gas supply, post and telecommunications fire protection, public green space, sanitation facilities and other construction projects that directly serve the society.
Five, the demolition to the demolition authorities to apply for demolition, shall submit the following relevant documents and materials:
(a) the construction project plan;
(two) the construction land planning permit and planning red line map;
(three) land use documents and land use boundary map;
(four) the plan of the demolished house and the certificate of property right examination;
(five) the demolition plan and resettlement plan;
(six) other documents and materials that the demolition department deems necessary.
Six, housing demolition notice, issued by the demolition department. The announcement can be posted, published or other forms.
The items to be announced shall include the construction project, the demolition person, the demolition unit, the approved scope of demolition, the resettlement method and place, the transition period, the relocation and demolition period, etc.
The custodian or user of the demolished house has the obligation to inform the owner of the announcement truthfully and promptly.
Seven, after the demolition scope is determined, the demolition department shall notify the relevant departments to suspend the formalities of industrial and commercial registration, building approval, real estate transactions, property rights and use rights changes, household registration and other procedures within the scope of demolition; At the same time, notify the housing property management department to review the property rights of the houses within the scope of demolition. Housing property management department shall, within the time limit specified in the notice of the demolition department, issue relevant
Proof of house property right examination.
The time limit for suspending the relevant formalities is six months from the date of notification by the demolition authorities. If the notice is overdue, the suspension measures will be lifted by themselves. If the relevant formalities are handled without authorization during the suspension period, it will not be used as the basis for compensation and resettlement for demolition.
Eight, without the approval of the demolition department, no unit or individual may conduct a thorough investigation and registration of the housing conditions and living conditions within the scope of demolition.
Nine, commissioned by the demolition, the demolition and the entrusted implementation of the demolition unit shall sign a demolition agreement.
Ten, approved by the Municipal People's government special municipal construction projects set up temporary demolition institutions, its main function is to organize and coordinate the demolition of municipal construction, shall not exercise the demolition management authority or the power of administrative punishment.
Eleven, the implementation of the demolition unit shall, according to the demolition agreement printed by the demolition department, sign a house demolition agreement with the demolished person and send it to the demolition department for the record. Without written consent, the demolisher shall not demolish the house of the demolished person.
If the demolisher and the demolished cannot reach an agreement through consultation, they may apply to the competent department of demolition for a ruling according to law, and shall not be forcibly removed without a ruling.
Twelve, the house demolition agreement signed in accordance with the law, has legal effect. With the consent of the demolition and the demolition, the demolition agreement can be notarized by a notary office; If one party requests notarization, the other party shall cooperate, and the notarization fee shall be borne by the party requesting notarization.
According to the law, the demolition agreement must be notarized by a notary office or notarized by evidence preservation. If the documents and materials required for notarization are complete, the notary office shall issue a notarial certificate or go through relevant formalities within 15 days from the date of acceptance, and the notarization fee or evidence preservation fee shall be borne by the demolition.
Thirteen, the resettlement should be based on the demolition of housing property certificate or legal lease, loan certificate.
Fourteen, the "measures" seventeenth in the first paragraph of the original living area, refers to the original design function of the demolished house is a bedroom or suitable for use as a bedroom, but the actual indoor net area used for living.
Fifteen, housing demolition can take the form of compensation and resettlement. Pricing compensation should be determined according to the different locations and positions of the demolished houses, as well as the structure and development of the houses.
The calculation formula of pricing compensation is: pricing compensation = basic price of ordinary commercial housing in different locations of the demolished lot × building area of the demolished house-the price difference that the demolished person should pay.
The difference that residents should pay refers to the difference between the original construction area and the same area of the resettlement house.
Sixteen, one of the following circumstances, does not apply to the pricing compensation and resettlement:
1, private house demolition * * * Some people can't agree on the choice of resettlement methods;
2, housing property disputes, ownership is unclear or the whereabouts of property owners are unknown;
3, the demolition of private housing property owners and users can not reach an agreement on pricing compensation and resettlement.
17. The resettlement houses mentioned in the first paragraph of Article 17 of the Measures mean that each resettlement house should be equipped with a single bedroom, hall, kitchen, bathroom and balcony (the usable area is not less than 4.5 square meters for the kitchen, not less than 2 square meters for the bathroom, not less than 8 square meters for the hall and not less than 3 square meters for the balcony).
The standard building areas of resettlement houses are 45, 60, 75, 90 and 105 square meters respectively. If the construction area of resettlement houses exceeds 105 square meters, they can be placed in different houses.
Utility rooms and collective parking kiosks are not included in the property rights exchange area.
Eighteen, the "measures" referred to in situ resettlement, refers to the resettlement in the same demolition area approved; Nearby resettlement refers to the resettlement with the same land level as the demolition area and adjacent areas within the municipal area; Relocation refers to the relocation and resettlement from high-grade plots to low-grade plots.
The term "new development zones" as mentioned in the Measures refers to lots with land grades of five or six.
Nineteen, local resettlement, and the original housing area according to the resettlement housing construction and installation costs settlement.
In order to increase the living area, the second item of the first paragraph of Article 17 of the Measures shall be resettled, and the resettlement shall be carried out according to the standard room type according to the resettlement area range of level modulation in different lots. If the per capita living area of the resettlement house is less than 6.5 square meters, it will be placed according to 6.5 square meters. The original housing construction area and the construction area increased due to different levels of resettlement lots shall be settled according to the construction and installation costs of resettlement houses.
Count.
In the process of demolition and resettlement, if the part that exceeds the original construction area and the construction area that should be increased due to relocation is within 10 square meter, it shall be settled according to 140% of the construction and installation cost of resettlement house; 10 to 20 square meters, settled at cost price; The excess part shall be settled according to the commodity price.
Twenty, enterprises and institutions of the factory and storage of non residential housing relocation.
Twenty-one, according to the second paragraph of Article 17 of the "Measures" to calculate the per capita living area, people who have no permanent residence or actual permanent residence are not included in the population calculation, but those who have the following circumstances when resettling in the marginal new development zone should be included in the population calculation:
(1) Servicemen (excluding those who have married and settled down);
(two) one of the husband and wife is an agricultural population or working in other places (including Mawei and outer suburbs) to build houses without land;
(three) the household registration in the city has a work unit of collective households, there is no allocation of housing personnel and crew, field exploration personnel;
(4) College students;
(five) children, primary and secondary school students who have moved out of their own accounts because of nurseries and school accounts;
(6) Persons who have not left the country to settle down or leave the country within the approved period;
(7) Criminals who are undergoing reform through labor or reeducation through labor.
Twenty-two, housing management departments and units directly from the housing tenant in any of the following circumstances, not placement;
(a) there is another set of housing in this city and the per capita living area reaches 6.5 square meters;
(two) no fixed residence for more than three months without justifiable reasons (including only placing daily necessities in the room without actual residence);
(three) although there is a permanent residence, but it is linked to the mouth, linked to the household.
23. The special housing construction projects mentioned in the first paragraph of Article 18 of the Measures refer to residential construction projects built by senior United Front workers and retired cadres at or above the corps level, which can be relocated easily with the approval of the demolition authorities.
Twenty-four, demolition, rental, lending private houses or units from the housing, property rights exchange or not, should be based on the original rental, lending all (including the pro-rated allocation of the construction area) to implement property rights exchange or not to implement property rights exchange.
The original lease and loan relationship of the property rights exchange shall be maintained. Demolition and the owner signed a house demolition agreement, the agreement must clearly maintain the original lease, borrowing relationship related matters; This agreement shall be copied to the lessee, the borrower, the lessee and the borrower at the same time. If they think that the agreement has violated their legitimate rights and interests, they can ask both parties to correct it or apply to the demolition authorities for a ruling.
If the property right exchange is not implemented, the demolisher shall sign a house demolition agreement with the original lessee and borrower in accordance with the regulations.
Twenty-five, according to the law to continue to maintain the original lease, loan housing, the owner and the lessee, the borrower should re-sign the lease, loan agreement, any party shall not refuse to sign; If both parties reach an agreement, it shall be handled in accordance with the provisions of Article 20 of the Measures.
If the original lease loan contract stipulates that the lease loan relationship is terminated when the house is demolished, the lessee and the borrower shall move out of the house on time and shall not make an excuse.
Twenty-six, the demolition court decided to close the house within a time limit and the demolition period has not yet arrived. After the owners provide temporary resettlement houses or give appropriate economic subsidies according to the standards of temporary resettlement subsidies, the users shall move in time according to the time limit specified in the demolition notice.
Twenty-seven, the "measures" stipulated in the second paragraph of article nineteenth of the rental, lending houses, refers to the private houses, units from the housing rental, lending for personal business places.
Without the approval of the planning department and the confirmation of the housing management department, the non-operating housing reform will be used as the operating room without permission, and the owner has property rights and holds a valid industrial and commercial business license, and the demolition will be handled separately according to the following different situations:
1. 1984 before the "Regulations on Urban Planning" of the State Council came into effect on June 5, the first natural room on the street floor was transformed into a business room without the approval of the planning department and the confirmation of the housing management department. Those who hold a valid business license can be resettled and compensated according to the business room. In-situ and nearby resettlement, the resettlement price is settled at 2000 yuan/square meter; Relocation,
According to 1200 yuan/m2. Other parts of the housing area, according to the residential housing to give resettlement and compensation.
2. Before the "Measures for Implementing the Urban Planning Law in Fujian Province" came into effect1June 5, 9841965438+July 3, without the approval of the planning department and the confirmation of the housing management department, the first natural room on the street floor was transformed into a business room and held effective industrial and commercial business.
80% of the commodity price of business premises shall be settled; Other parts of the housing area, according to the residential housing to give resettlement and compensation.
3. After July 199 13 of the Measures for the Implementation of the Urban Planning Law in Fujian Province, those who transform non-operating houses into operating houses without the approval of the planning department and the confirmation of the housing management department, regardless of whether they hold the industrial and commercial business license, will be compensated according to the residential houses, but they can give priority to buying operating houses and operate according to the demolition regulations.
Twenty-eight, the demolition of houses with mortgage and pawning right, the mortgagee and pawning right shall notify the owner or custodian of the demolition notice. The whereabouts of the owner is unknown, and the mortgagee or pawnshop can't obtain the ownership of the house according to law, and requires the exchange of property rights. The mortgagee or pawnshop can pay the price difference of the resettlement house on their behalf, but the civil relationship of mortgage and pawn should be maintained, and the original ownership remains unchanged.
People don't change; If the low mortgagee or pawnshop does not require property rights exchange, the demolition shall handle the mortgagee and pawnshop according to the provisions on private housing lease, and the demolished house shall be notarized by the demolition to the notary office.
Twenty-nine, the "measures" stipulated in Article 26 of the state organs, refers to the party, political organs, organs of state power, judicial organs, military organs, CPPCC, workers, youth and women's organizations (excluding foreign institutions in banyan) have their own property rights.
State-owned businesses and service industries refer to the operating houses owned by state-owned businesses and service industries under the commercial system of this Municipality.
The purpose and area of the original house refers to the original use nature and original construction area of the demolished house. The original housing area of state-owned houses (residential houses) in the housing management department includes the construction area that should be increased due to relocation.
The provisions of the preceding paragraph shall not apply to houses leased to other units or individuals by state organs, state-owned businesses and service industries, or houses leased or lent by state organs, state-owned businesses and service industries or operated by other units or individuals (except those contracted by employees of this unit).
Thirty, the demolition of public houses directly managed by the housing management department, the demolition should sign the relevant property rights exchange agreement with the housing management department, and sign the house demolition agreement with the lessee.
Resettlement houses returned by residents to the housing management department must be accepted by the housing management department before resettlement. At the time of resettlement, the lessee of public housing should hold the Notice of Resettlement House to the local housing management office for lease procedures, and the demolisher can hand over the resettlement house to the lessee for use.
Thirty-one, the demolition of illegal buildings, no compensation, in principle, no placement, but it is indeed difficult to live and actually used as a bedroom for self-occupation, should be given appropriate placement.
Thirty-two, the demolition of temporary buildings that have not exceeded the approved service life, after the evaluation of their structure, grade and new development, will be given economic compensation according to the remaining service life, and will not be resettled in principle; Temporary buildings exceeding the approved use period shall not be compensated and resettled, and shall be demolished within a time limit.
Compensation and resettlement shall be given to residential buildings that have been approved for construction but have not yet been arranged.
Thirty-three, temporary turnover transitional resettlement period, calculated from the last day of the demolition period stipulated in the housing demolition notice, except for national policy adjustment and force majeure, the transitional period of local resettlement and demolition shall not exceed two years. Relocation is generally a one-time resettlement; If one-time resettlement is difficult, the transition period shall not exceed one year at the longest.
Thirty-four, due to the demolition of houses caused by the suspension of production or business, during the demolition of production or business, economic subsidies shall be given according to the monthly average standard of basic wages and price subsidies for registered employees (including retirees) six months before the announcement of demolition. The competent department shall deduct the production task index or change or terminate the contract. The reduced profits and income during the period of suspension of production and business shall not be compensated.
Registered employees (including retirees) can not be identified, approved by the demolition department, according to the following standards of compensation:
State-owned, collective production and management, employees are calculated according to the construction area of business premises of 20 square meters per person, and 300 yuan is issued to each person for monthly suspension of production and business. Industrial and commercial registration of individual employees, the number of employees is calculated according to the construction area of the business premises per 10 square meter, and each person is given a monthly subsidy of 300 yuan for suspension of production and business.
Thirty-five, the demolition and resettlement should be based on the principle of first relocation and first house selection. After the relocation is completed within the relocation period specified in the demolition notice, the house is vacated. After the acceptance, the priority housing serial number of the demolished person will be issued, and the houses will be selected in turn according to the serial number. If it is recognized as an overseas Chinese residence, appropriate care should be given under the same conditions.
Relocation on schedule, according to the legal construction area of the original house to give a bonus per square meter 10 yuan. The moving subsidy for each household with less than four people is 300 yuan, and the moving subsidy for more than five people is 400 yuan; Belong to the second relocation, relocation subsidies doubled. Business premises construction area of 50 square meters or less, a one-time subsidy relocation costs in 400 yuan; 50 square meters
Meters above, a one-time subsidy to 800 yuan.
Thirty-six, the demolition should pay the relevant management fees to the demolition department, and the specific standards shall be formulated by the municipal demolition department in conjunction with the price management department and submitted for approval before implementation.
Thirty-seven, fine standards: fines in violation of the provisions of Article 37 and Article 39 of the Measures shall be implemented in accordance with the provisions of Article 14 and Article 42 of the Measures for the Administration of Urban Housing Demolition in Fujian Province. Not specified, a fine of 500- 1000 yuan.
Thirty-eight, belonging to dangerous buildings, lack of supporting living facilities, urban infrastructure is not perfect, and has not been transformed into shanty towns for a long time. The scope of shanty towns shall be determined by the Municipal People's Government. Preferential policies for shantytown renovation shall be formulated separately by the Municipal People's Government.
Thirty-nine, these Provisions shall be interpreted by the Fuzhou Municipal Real Estate Administration.
Forty, these Provisions shall come into force as of the date of promulgation. Document Rong 1992 1 15 of Fuzhou Municipal People's Government shall be abolished at the same time.