Chapter I General Principles
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 Measures are formulated in accordance with the Regulations on the Administration of Urban House Demolition in the State Council, the Regulations on the Administration of Urban House Demolition in Jiangsu Province and the Regulations on the Administration of Urban House Demolition in Suzhou, and in combination with the actual situation of this Municipality.
Article 2 These Measures shall apply to the activities of house demolition on the state-owned land in the urban planning area of this Municipality that require compensation and resettlement for the demolished people.
Article 3 Urban house demolition must conform to the urban construction plan, which is conducive to the development of urban construction, the transformation of old areas and the improvement of ecological environment, and to the protection of cultural relics and historic sites.
Fourth people should be taken in accordance with these measures, the demolition of compensation and resettlement; The person to be demolished shall complete the relocation within the relocation period. The term "demolition" as mentioned in these Measures refers to the unit that has obtained the permit for house demolition. The term "demolition" as mentioned in these Measures refers to the owner of the house to be demolished.
Article 5 The administrative department in charge of construction in Wujiang City is the administrative department in charge of urban house demolition in this city. The demolition office of Wujiang Municipal People's Government (hereinafter referred to as the demolition office) is entrusted by the administrative department in charge of demolition in Wujiang City and is responsible for the daily management of urban house demolition.
The management department of house demolition in Wujiang Economic Development Zone is entrusted by the administrative department of house demolition in Wujiang City, and is responsible for the daily management of house demolition in this area.
The town people's government and the relevant departments shall cooperate in accordance with these measures to ensure the smooth progress of the house demolition work. Wujiang Municipal Bureau of Land and Resources is responsible for land management related to urban house demolition in accordance with relevant laws and regulations.
Chapter II Demolition Management
Article 6 Units that need to demolish houses shall submit a written application to the Municipal Relocation Office and submit the following materials: (1) approval documents for construction projects;
(two) the construction project site selection opinions (including the red line map of the planning point) (three) the construction land planning permit;
(four) the approval document of the right to use state-owned land;
(five) the demolition plan, demolition plan and compensation and resettlement plan; (six) the certificate of deposit of compensation and resettlement funds issued by the bank of this Municipality;
(seven) if the demolition is entrusted by the demolition, the entrustment contract shall be provided;
(8) Other materials deemed necessary by the relocation office. City relocation office shall, within 30 days from the date of receipt of the application and the above materials, review the application matters. Eligible, issued a permit for house demolition; If it cannot be handled, it shall give a written reply to the applicant.
Only after obtaining the demolition permit can the demolition be carried out. After obtaining the house demolition permit, the demolisher shall pay the demolition management fee according to the regulations.
Seventh city demolition office shall, within 7 days from the date of issuance of the house demolition permit, announce the demolition, demolition scope, demolition period and other matters specified in the house demolition permit in the form of a newspaper.
After receiving the planning permit for construction land submitted by the applicant, the Municipal Relocation Office shall promptly notify the relevant departments of industry and commerce, urban construction planning, real estate, land and so on to suspend their business licenses within the scope of demolition, and go through the formalities of building, expanding, rebuilding houses, trading, transferring, leasing, mortgage of houses, and changing the use of houses and land.
The suspension period is generally not more than one year, and it will be naturally thawed after the expiration. Under special circumstances, the demolition needs to extend the suspension period, which shall be approved by the municipal relocation office, but the extension period shall not exceed one year.
The municipal demolition office shall send a notice of house demolition to the demolished person within 7 days from the date of announcement. City demolition office and demolition should be taken to do a good job in the demolition policy, demolition compensation and resettlement program publicity and interpretation.
Article 8 The demolisher shall carry out the demolition within the scope of demolition determined by the house demolition permit, and shall not expand or shrink it without authorization. If it is really necessary to expand or narrow the scope, it shall, after going through the examination and approval procedures for planning and land change in accordance with the provisions, apply to the Municipal Relocation Office for changing the scope. If the city demolition office agrees to change, the city demolition office shall announce the corresponding contents of the changed house demolition permit.
Demolition shall be carried out within the time limit determined by the demolition permit. If it is necessary to postpone the demolition due to special circumstances, it shall apply to the Municipal Demolition Office for an extension of the demolition before the expiration of the original demolition period 15. The municipal demolition office shall give a reply within 10 days from the date of receiving the application, and the relevant contents of the changed house demolition permit shall be announced after approval. If the transfer of the demolition compensation and resettlement construction project has not been completed, it shall be reported to the Municipal Demolition Office for the license change procedures, and the relevant rights and obligations in the original demolition compensation and resettlement agreement shall be transferred to the transferee, and the Municipal Demolition Office shall announce the contents of the demolition permit change.
Ninth people can take their own demolition, can also be entrusted with the provincial housing units issued by the competent department of housing units qualification certificate for the implementation of the demolition.
If the demolisher entrusts the demolition, he shall issue a power of attorney to the entrusted demolition unit, conclude a demolition entrustment contract, and report the demolition entrustment contract to the municipal demolition office for the record within 15 days from the date of conclusion of the contract. The entrusted unit shall collect the demolition service fee from the entrusted demolition person in accordance with the standards approved by the Municipal Price Bureau and the Municipal Construction Bureau.
The entrusted unit shall not transfer the demolition business. The staff of the demolition implementation unit must hold the "Demolition Work Permit" issued by the Municipal Relocation Office before taking up their posts.
Tenth in the housing demolition notice within the time limit, the demolition should be in accordance with the provisions of these measures and the demolition of a written compensation and resettlement agreement. The agreement shall specify the form of compensation, the amount of compensation, the area and location of resettlement housing, the relocation period, the relocation transition mode and transition period, the liability for breach of contract and other provisions that the parties think need to be clarified. The demolition agreement shall be submitted to the Municipal Demolition Office for examination and filing.
Article 11 If the house to be demolished is an escrow house, the custodian shall submit the entrustment documents and relevant certification materials. If the trustee is the house demolition management department, the compensation and resettlement agreement must be notarized by a notary office and the evidence must be preserved.
If the house to be demolished is owned by * * *, the * * person shall elect a representative in writing or entrust an agent to sign a house demolition agreement with the demolished person. If the owner of the demolished house has died, the successor or the representative entrusted by the successor shall issue a written statement and sign a compensation and resettlement agreement with the demolished person.
Twelfth in the housing demolition notice period, one of the following circumstances, the demolition can put forward compensation and resettlement plan, approved by the municipal housing demolition management department, the first implementation of the demolition. Before the demolition, the city demolition office shall organize the demolition of houses to carry out survey records, and go to the notary office for evidence preservation:
(a) after receiving the written notice of demolition, the demolition person fails to entrust an agent to handle it within the time limit;
(two) the owner of the house to be demolished is unknown or the ownership of the house is controversial, which is difficult to solve at the moment;
(three) the demolition of people can not be notified because of their whereabouts, although there is no interest in the newspaper announcement.
Thirteenth housing demolition assessment work by the demolition of people entrusted by the administrative department of construction.
Institutions with corresponding real estate appraisal qualifications recognized by departments shall not conduct self-assessment. If the person who is taken has any objection to the evaluation result, he may apply to the housing evaluation agency for review within 3 days from the date of receiving the evaluation report, and the housing evaluation agency shall issue a written review result within 3 days from the date of receiving the application. If the parties still have objections to the review, they may apply to the municipal real estate management department for appraisal within 3 days from the date of receiving the review results. After the residents move, they should go to the real estate management department in time to go through the registration formalities for the change of house ownership and land use right. The part equal to the original demolished house area shall be exempted from the real estate deed tax and the registration fee for the change of house land ownership. In case of monetary compensation for the demolished, the demolished shall compensate the demolished for the house purchase deed tax and the registration fee of the house land ownership according to the amount of monetary compensation or the housing area, and the demolished shall pay the taxes and fees required for their own house purchase.
Fourteenth after the signing 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 the Arbitration Commission 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.
Article 15 If the demolisher and the demolished person or the demolished person, the demolished person and the house lessee fail to reach an agreement on compensation and resettlement for demolition, the municipal house demolition management department shall make a ruling according to the application of the parties concerned, and if the demolished person is the house demolition management department, the municipal people's government shall make a ruling. The ruling shall be made within 30 days from the date of accepting the application. If a party refuses to accept the ruling, it may apply for administrative reconsideration or bring a lawsuit to the people's court according to law.
Article 16 If the demolished person or lessee fails to complete the relocation within the relocation period stipulated in the ruling, the municipal house demolition management department shall draw the Municipal People's Government to instruct the relevant departments to carry out compulsory relocation, 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.
Seventeenth military facilities, religious sites, cultural relics, ancient and famous trees and returned overseas Chinese, their relatives, overseas Chinese, foreigners and other private houses and other provisions, from its provisions. During the period of demolition, it shall be handled in accordance with the provisions of relevant laws and regulations.
Eighteenth city demolition office shall supervise and inspect the house demolition activities, establish and improve the management system of demolition files. Demolition should be within 30 days after the end of the demolition project, the demolition documents and materials will be submitted to the city demolition office.
Chapter III Compensation and Resettlement for Demolition
Nineteenth people should be taken in accordance with the provisions of laws, regulations and these measures, to be taken compensation. Demolition of illegal buildings and temporary buildings exceeding the approved use period will not be compensated; Demolition of temporary buildings that have not exceeded the approved period shall be appropriately compensated according to the salvage value and remaining service life.
Twentieth demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange. Demolition of attachments to non-public housing, monetary compensation by the demolition. Demolition of residential houses, in addition to the provisions of article twenty-fifth, the demolition can choose the demolition compensation.
Twenty-first monetary compensation amount, according to the demolition of housing location, use, construction area and other factors, determined by the housing assessment agencies, and paid directly to the demolition in cash.
Monetary compensation consists of two parts: housing compensation and location compensation;
Housing compensation = basic replacement unit price ×( 1+ height increase or decrease rate )× construction area+residual value of accessories+decoration evaluation value.
Location compensation = location unit price × location adjustment coefficient × construction area (if the construction area is less than the land use area, it shall be calculated according to the land use area).
The location compensation for industrial, warehousing and office buildings that have acquired land by allocation shall be discounted at a discount rate of 50%. The discount amount belongs to the government land revenue, and the land management department is responsible for collecting it from residents.
If a residential house is demolished within five years from the date of completion to the date of issuing the demolition permit, the demolisher shall increase the compensation fee for the demolished person, and the proportion of the increase in compensation shall be 15% of the original compensation fee.
The basic replacement unit price of the house is published regularly by the Municipal Price Bureau and the Construction Bureau. Demolition location, location unit price and location adjustment coefficient are determined according to the following provisions:
(a) Songling City is determined by the Municipal Price Bureau, Construction Bureau and Land Bureau according to the location and different uses of houses, and published regularly;
(2) Shengze city and town are determined by the people's government of the town where they are located, and announced after being examined and approved by the Municipal Price Bureau, Construction Bureau and Land Bureau.
Twenty-second private housing, housing ownership certificate as a unit, indicating the owner and construction area; Directly managed public houses are determined by the information provided by the housing management department to determine the lessee and the construction area; The land use area shall be subject to the state-owned land use right certificate. If rural houses have not obtained the ownership certificate, the owner and construction area shall be determined in the reply of the people's government of the original township (town) or the planning permit for rural construction projects. If the actual construction area is less than the approved area, the actual construction area shall be calculated by the approved area, and the land use area shall be determined by the homestead certificate or the original approved land area.
If the house to be demolished is a residential house or a non-residential house, the use of the house ownership or the use function recorded in the construction project permit shall be determined. The demolished non-residential houses are production, commercial houses or non-production and commercial houses, which shall be determined by the business scope and mode recorded in the business license.
Twenty-third the implementation of housing property rights exchange, the demolition and relocation of people according to the amount of monetary compensation for the demolition of housing and housing exchange market price, settlement of property rights exchange price difference.
Twenty-fourth demolition of public housing, the demolition should be rebuilt or given monetary compensation in accordance with the provisions of laws and regulations and the requirements of urban planning.
Twenty-fifth demolition of rental housing, the demolition of housing tenant to terminate the lease relationship, or the demolition of housing tenant resettlement, the demolition can give monetary compensation to the demolition; If the demolition and the lessee fail to reach a termination of the lease relationship, the demolition shall exchange the property rights of the demolition, and the exchanged house shall be leased by the original lessee, and the demolition shall re-conclude the house lease contract with the original lessee. The demolition is rented to state-owned collective units or urban households directly under public houses and units' own houses at the standard rent stipulated by the government. If both the demolished person and the lessee choose monetary compensation, the compensation for house demolition assessment shall be paid to the demolished person, the compensation for house decoration shall be paid to the original decoration investor, and the rest shall be paid to the lessee.
Article 26. If the demolished person or the urban resident lessee who directly manages public houses or units' own houses is really unable to purchase houses, he may apply to the demolished person, and the demolished person shall arrange a house not less than the original housing area, and the demolished person or lessee shall rent it according to the standard rent stipulated by the government. The demolisher will pay the monetary compensation of the house after deducting 50% location compensation to the demolished person, and the lessee does not enjoy the monetary compensation stipulated in the second paragraph of Article 25.
Twenty-seventh demolition of housing with mortgage, the mortgagor and the mortgagee shall, in accordance with the relevant provisions of the mortgage, negotiate on the mortgagor and the secured creditor's rights, and submit the relevant written agreement to the demolition before obtaining compensation or resettlement. If the mortgagor and mortgagee fail to reach an agreement within the time limit stipulated by the Municipal Demolition Office, the demolisher shall deposit the monetary compensation for the demolished person in the notary office.
Twenty-eighth original non-production and operation of the housing converted into production and operation of the housing, according to the following circumstances:
(1) The property owner starts his own business: the business location is within the legal construction area recorded in the property ownership certificate, and the property and land use change procedures have been handled by the housing management department and the land management department, and there are valid industrial and commercial registration licenses and tax registration records of the property owner, property owner or relatives;
(2) Lease private or unit-owned houses for business operation: the business location is within the legal construction area recorded in the house ownership certificate, and the housing management department and the land management department have gone through the formalities for changing the nature and land use of the house, and they have valid approval documents such as a house lease business license, a business license consistent with the name of the house lease contract, and tax registration; (
3) If the public housing directly managed by the lessee starts to operate, it shall have valid approval documents such as the original housing lease certificate, operating housing lease certificate, business license with the same account name as the lessee or his parents, children and spouse, and tax registration.
Twenty-ninth for the transfer of property rights of the resettlement housing delivery, the demolition must provide the demolition of housing ownership certificate and the relevant documents required for the use of state-owned land. Demolition of pre-sale housing for property rights exchange, in accordance with the relevant provisions of the national commercial housing sales management.
Thirtieth the demolition or housing tenant moved ahead of schedule within the prescribed time limit, the demolition should pay appropriate incentive fees to the demolition. The reward standard shall be determined by the residents and announced after the approval of the municipal relocation office.
Thirty-first demolition of the demolition or housing tenant should give appropriate relocation subsidies. If the demolisher arranges the demolished person or lessee by auction, if the resettlement person solves the temporary resettlement house by himself, the demolisher shall give the temporary resettlement subsidy, and the calculation period shall be from the time when the resettlement person moves out of the demolition house to the time when the resettlement house is delivered.
Where monetary compensation is implemented, the demolished person or the lessee of the house must make a transition by himself, and the demolished person shall pay the temporary resettlement subsidy for 6 months in one lump sum. The compensation standards for relocation subsidies, temporary resettlement subsidies and telephone relocation fees shall be approved and published by the Price Bureau and the Construction Bureau.
Thirty-second demolition of residential houses, according to the following methods: (1) own private houses, with housing ownership certificates as households;
(two) private rental households with the lease certificate and residence booklet; (three) rental of public houses directly under the municipal government, issued by the public housing lease certificate;
(four) the owner-occupied housing of the rental unit is calculated by the housing lease certificate or the rental unit certificate. The demolition of non residential houses shall be carried out in the following ways:
(a) personal use of non residential housing, with the housing ownership certificate and business license; (two) the rental of non residential housing, with operating housing rental permit and business license.
Thirty-third due to the demolition of commercial housing production, resulting in the demolition or housing tenant production, business, demolition should be given a one-time subsidy, the specific subsidy standards approved by the Municipal Price Bureau, Construction Bureau and announced.
Thirty-fourth housing demolition involves the relocation of power supply, water supply, gas supply, radio and television, telecommunications and other facilities, the property unit or management unit shall be responsible for the relocation in accordance with the planning requirements, and the demolition person shall compensate the demolition expenses.
Article 35 If it is necessary to dismantle public facilities such as traffic kiosks, guardrails, mailboxes, waste bins, vehicle stations, fire fighting and civil air defense, public greening, etc. due to house demolition, the demolition person shall inform the property right unit or management unit in advance, and the demolition person shall rebuild or compensate the price according to the requirements of urban planning.
Thirty-sixth demolition of houses involves trees and other plants of urban residents, which shall be handled by the growers themselves during the demolition period. If the grower fails to handle it within the time limit, the residents shall report it to the Municipal Relocation Office for approval, and no economic compensation shall be given. Trees and other plants involving rural residents shall be disposed of by the growers themselves, or after compensation for demolition. If the house demolition involves a grave, the owner of the grave shall move within the demolition period, and the demolisher shall give appropriate compensation. The compensation standard is determined by the municipal relocation office. Fails to move, according to the main grave.
Article 37 The applicable time of the price standards involved in these Measures shall be the date when the house demolition permit is issued.
Chapter IV Legal Liability
Thirty-eighth in violation of the provisions of these measures, without obtaining the permit for house demolition, the municipal housing demolition management department shall order it to stop the demolition, give it a warning and impose a fine of more than 20 yuan and less than 50 yuan per square meter of the building area to be demolished; If a house demolition permit is obtained by deception, the house demolition permit shall be revoked by the municipal house demolition management department, and a fine of 1% or more and 0% or less shall be imposed.
Thirty-ninth demolition in violation of the provisions of these measures, one of the following acts, the municipal housing demolition management department shall order it to stop the demolition, give a warning, and may impose a fine of less than 3% of the compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked:
(a) to expand the scope of house demolition permit without authorization;
(two) entrust a unit that does not have the qualification for demolition to carry out demolition;
(three) to extend the demolition period without authorization.
Fortieth entrusted demolition units transfer demolition business, the municipal housing demolition management department shall order it to make corrections, confiscate the illegal income, and impose a fine of more than 25% and less than 50% of the demolition service fee stipulated in the contract.
Forty-first in violation of the provisions of these measures, the parties have one of the following acts, resulting in property losses of the demolished person or lessee, and shall bear civil liability:
(a) the implementation of the demolition without obtaining the permit for house demolition;
(2) Obtaining a house demolition permit by deception to carry out demolition;
(three) the demolition is not carried out in accordance with the scope of demolition specified in the house demolition permit.
Article 42 If a house demolition assessment institution colludes with one party and deliberately lowers or raises the real estate assessment price of the house to be demolished, thus causing losses to the other party, the house demolition assessment institution shall be liable for compensation according to law, and the administrative department at a higher level shall impose administrative penalties on the house demolition assessment institution and the relevant responsible persons according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-third demolition units and their staff who resort to deceit and abuse of power, the directly responsible person in charge and the directly responsible personnel shall be given administrative sanctions by their units or the competent department at a higher level; If the circumstances are serious, the demolition permit shall be revoked by the municipal housing demolition management department according to law, and a fine of 1000 yuan or more 1000 yuan or less may be imposed.
Forty-fourth coercion, insult, assault housing demolition staff, hinder the housing demolition work in accordance with the law, the public security organs shall be punished in accordance with the provisions of public security management. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 45 if the house demolition management department and its staff violate the provisions of these measures, neglect their duties, abuse their powers, engage in malpractices for selfish ends, the unit to which they belong or the higher management department shall give administrative sanctions to the directly responsible person in charge and the directly responsible personnel; If damage is caused to the parties concerned, they shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 46 If a party subject to administrative punishment refuses to accept the administrative punishment, he may apply for administrative reconsideration or bring a lawsuit to the people's court in accordance with relevant laws and regulations. If the party concerned fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the house demolition management department shall apply to the people's court for compulsory execution.