On March 5th, the website of the People's Government of Guangxi Zhuang Autonomous Region published the Notice of the People's Government of Guangxi Zhuang Autonomous Region on Printing and Distributing the Interim Measures for the Renovation of Dangerous Old Houses in Guangxi Zhuang Autonomous Region (Gui [2009]16, hereinafter referred to as the Interim Measures). Since the promulgation and implementation of the Interim Measures, all parts of the region have actively carried out the renovation of dilapidated houses. It has played a positive role in eliminating housing security risks, improving residents' housing conditions, solving workers' housing difficulties and promoting social and economic development, but the Interim Measures also encountered some problems that need to be clarified and solved in the specific implementation process.
In order to further strengthen and standardize the renovation of dilapidated houses in our region, the General Office of the People's Government of the Autonomous Region issued the Supplementary Provisions on the Renovation of Dangerous Old Houses, hereinafter referred to as the Supplementary Provisions.
? First, speed up the renovation of dangerous houses.
(a) the renovation of dilapidated houses meets one of the following circumstances. Upon the application of the construction unit, the housing system reform committees at all levels may approve the transformation in accordance with the provisions of Article 10 of the Interim Measures:
1. More than two-thirds of the owners of large-scale houses agree to decorate;
2. More than two-thirds of the prefabricated hollow floor houses with brick-concrete structure identified as dangerous houses agree to be rebuilt;
3.95% and above house owners agree to the renovation of other dangerous houses other than the above two situations.
(two) approved the implementation of the renovation project of dilapidated houses, the construction unit shall sign a compensation and resettlement agreement with the property owner. If the individual housing property owner has not signed an agreement on compensation and resettlement for renovation, he can promote the renovation work by taking the easy first and then the difficult, phased or piecemeal implementation. Where individual property owners make unreasonable demands, refuse to relocate, infringe upon the housing safety rights and interests of the vast majority of households, and affect the project transformation, the construction unit may reflect the relevant situation to its unit and relevant departments, study and solve measures, and the relevant units shall actively cooperate.
Second, rational planning and utilization of land.
(a) the renovation project of dilapidated houses should strictly implement the relevant provisions of detailed planning and urban design. In order to save intensive land use, when compiling regulatory detailed planning and urban design, all localities should focus on strengthening the planning and research on the renovation area of dilapidated houses, fully consider the main problems involved in the renovation of dilapidated houses, increase support for renovation projects of dilapidated houses, and scientifically and reasonably determine the relevant planning control indicators and control requirements for the renovation area of dilapidated houses.
(II) For the construction land used for the renovation of dilapidated houses, if the land use right certificate registers the land use as residential land and other land (including office, scientific research, education, storage and other land), or the registered land use is other land, but there are employee houses approved for construction within the land use range, the planning department may divide the residential land for the renovation of dilapidated houses according to the land supply materials, planning files, house ownership certificates or the current use certificates of buildings on the ground. And in the original land within the scope of the division, an independent red line will be issued for the transfer and retention of allocated land, and the procedures for transferring land and retaining allocated land will be handled separately. If the parcel cannot be divided into residential land, you can choose the following ways to solve it:
1. If public houses such as offices and scientific research are still under construction, the original housing and land properties will remain unchanged, and there is no need to pay the land transfer price. If the allocated land area of public housing under construction is reduced, the reduced allocated land area shall be paid in full according to law and included in the construction cost. The land transfer price of residential land shall be implemented in accordance with the provisions of the Interim Measures.
2. On the premise of conforming to urban and rural planning, with the consent of the competent department and the approval of the people's government at the same level, the construction unit may change part or all of the other land in the same parcel into urban residential land, and compensate and repay the land transfer price according to law.
(3) With the consent of the higher authorities, the land use right units in adjacent communities can jointly implement the transformation of dilapidated houses into houses after land consolidation.
(four) under the premise of urban and rural planning, with the consent of the competent department and the approval of the people's government at the same level, the construction unit may replace the residential land with other land in accordance with the principle of equivalence.
Third, strict land transfer management.
(a) the construction unit can hold the original land "land use right certificate" and the approval of the housing reform department, the general plan and other materials, and go through the construction planning permit, construction permit and other related construction procedures in advance; Reconstruction projects involving planning conditions, planning purposes, planning scope adjustment and the disposal of state-owned land assets shall go through the corresponding examination and approval procedures. The construction unit shall go through the formalities for completing the land transfer agreement before the completion of the project planning verification. If the procedures for completing the land transfer agreement are not completed and the land transfer price is not paid, the planning verification, completion acceptance and house ownership certificate shall not be handled. At the same time, it is forbidden for construction units to deliver new houses.
In order to properly solve the problems left over from history, if the land transfer contract has been signed before the promulgation of this Supplementary Provisions, but the contract has not been fulfilled, the construction unit may apply for cancellation of the originally signed land transfer contract according to law, and the paid part of the land transfer price will be automatically converted into the transfer price when the project land re-applies for land transfer procedures.
(2) For the renovation project of dilapidated houses that has been approved by the housing reform department before the promulgation of this Supplementary Provisions, the time when the planning department approves the general plan is taken as the land price evaluation time. After the promulgation of the Supplementary Provisions, for the renovation project of dilapidated houses approved by the housing reform department, the time when the competent department of natural resources accepts the application for paying the land price according to law shall be taken as the land price evaluation time. When approving the general plan, the competent planning department needs to make clear the planning conditions before the transformation of the project land.
(3) When the project is completed, if the planned completion conditions exceed the scale previously approved by the housing reform department, the land transfer price will be paid in full for the excess.
(4) The land transfer fee payable for the renovation project of dilapidated houses can be paid in two ways: one is to sign a land transfer contract within 30 days and pay all the land price in one lump sum; The second is installment payment, that is, 50% of the land price is paid in the first phase within 30 days after signing the land transfer contract, and the balance must be paid within one year from the date of signing the land transfer contract.
Fourth, clarify the relevant support policies.
(a) the construction unit or the agent construction unit shall entrust a real estate appraisal institution with corresponding qualifications to evaluate the price of the dilapidated houses to be rebuilt, and deposit the funds into the bank account designated by the office of the local housing system reform commission within 7 days before the demolition of the dilapidated houses, as a third-party supervision fund. Third-party supervision funds will be transferred back to the office of the local housing system reform Committee for project construction according to schedule before the project subject is capped.
With the consent of all the property owners who intend to transform dilapidated houses into houses, the construction unit or the agent construction unit may be exempted from paying third-party supervision funds; If it is necessary to deposit third-party supervision funds, a bank guarantee can be used instead. Dangerous old houses involved in renovation may be exempted from the third-party supervision fund deposit with the consent of the housing property unit.
(two) approved the implementation of the renovation project of dilapidated houses, can apply for inclusion in the annual plan of the local shantytown renovation, and enjoy the * * urban shantytown renovation policy.
(3) On the premise of conforming to the urban planning, commercial facilities can be allocated in the renovation project of dilapidated houses according to the proportion of about 5% of the total construction area of newly-built houses, and the proportion can be appropriately increased if conditions permit, but the maximum is not more than 10%. The construction unit may publicly sell the commercial facilities allocated for construction to individuals or units, and may give priority to the construction agent at the same price. After paying the land transfer price and related taxes in accordance with the law, you can apply for the certificate of real estate ownership with reference to the non-construction housing by the supply contract (agreement) and the confirmation letter of the supply list of commercial facilities issued by the local housing reform department. The proceeds from the disposal of commercial facilities are used to offset the cost of renovation projects.
(four) the demolition of dilapidated houses to be transformed to implement property rights replacement, the replacement of new housing construction area shall not exceed 0.3 times the original housing construction area. Building houses also adhere to the principle of "demolishing one and returning another", that is, demolishing an old house, building a new house and handling a property right certificate for a house.
(five) the construction cost of parking spaces or garages shall be included in the project construction cost in principle, and the sales income shall be used to offset the project cost, and the rental income shall be enjoyed by all owners.
(six) reconstruction project funds raised by employees. The construction unit can decide whether to choose the agent construction unit through bidding, or it can decide to choose the agent construction unit through public bidding or invitation bidding.
(VII) Before the implementation of the "Interim Measures", the housing that has been built and delivered by the original land use right unit, but has not yet handled the house ownership certificate, and the expanded area measured by qualified real estate surveying and mapping institutions, is included in the replacement housing reform housing construction area and housing files, and is regarded as the housing construction area that the household has enjoyed; At the same time, the property owner of the housing reform should pay off the expanded construction area.
The fifth is to strengthen the supervision of the supply of non-construction housing.
(a) the renovation project of dilapidated houses is not equipped with housing. In order to meet the purchase demand of eligible workers' families (referring to the workers themselves and their spouses), the construction unit can give priority to the supply of surplus housing to eligible workers' families at the same level in the same city (the same city, that is, the city level includes the urban areas under its jurisdiction, and the county level includes the towns under its jurisdiction; At this level, it is divided into districts, cities and counties; This system, that is, other units belonging to the same administrative department, including the competent department), the rest of the houses are adjusted by the local housing reform department in the following order: 1 Family members of employees of other government units at the same level who meet the requirements; 2. Family members of employees who meet the requirements of other units in local towns; 3. There are no property owners in local towns. Housing reform departments at all levels should formulate detailed rules for the implementation of the transfer of non-allocated housing in light of local conditions to ensure the openness, fairness and impartiality of the transfer of non-allocated housing.
Eligible families can only buy a set of non-allocated housing. Families who have purchased non-construction housing are deemed to have enjoyed policy-oriented housing, and may not purchase public housing, raise funds to build houses or build houses in a market-oriented operation.
(two) after examination and publicity, eligible workers' families and the construction unit signed a contract (agreement) for the supply of non-rebuilt housing. The contract (agreement) was uniformly printed by the Office of the Housing System Reform Committee of the autonomous region and issued by the local housing reform department. For employees who have not obtained the "quasi-purchase certificate", the construction unit shall not handle the handover procedures for them, and the relevant departments shall not handle the non-construction housing supply confirmation and real estate registration procedures for them.
(3) If an employee who meets the conditions for purchasing non-reconstruction housing dies after paying the purchase price or obtaining the quasi-purchase certificate, his legal heir may go through the formalities for purchasing non-reconstruction housing.
(4) Housing reform departments at all levels should guide and urge the construction unit to summarize the unit information, project information and supply object information, and input them into the information management system of dilapidated buildings in Guangxi. Housing reform departments at all levels must review the input control information when confirming the project, and the list of renovation projects and non-built housing supply that have not been input into the information management system will not be confirmed.
(5) After the reconstruction project is completed, the construction unit shall go to the local housing reform department to review the list of new houses, and then go to the housing reform department at the next higher level to handle the confirmation letter of the reconstruction project, and handle the property right certificate with the project confirmation letter.
In principle, the confirmation of the reconstruction project shall be handled at one time, and the same project shall not be confirmed in batches (times). However, projects with large construction scale and started by stages can be confirmed by stages. Projects with illegal construction and illegal supply of unbuilt housing will not be confirmed.
(6) If the purchaser conceals the housing situation and provides false materials to defraud the non-reconstruction housing, the local housing reform department will cancel its qualification for quasi-purchase, and the construction unit will recover the purchased non-reconstruction housing according to the original purchase price.
? Six, do a good job in non-built housing area price audit.
(a) after the completion of the renovation project of dangerous buildings, the construction unit shall entrust a qualified accounting firm to conduct an audit to determine the total project cost and the price of non-dangerous buildings. The audit results shall be publicized by the construction unit for 7 working days. If there is any objection, the construction unit shall be responsible for the interpretation.
(II) Workers' families whose original housing reform (including purchasing public housing, participating in raising funds to build houses and purchasing affordable housing) whose construction area is not up to standard and who have not participated in the housing construction in the market operation mode can buy a set of non-reconstruction housing if they meet the relevant policies and regulations. However, in the process of substandard housing reform, in principle, monetary compensation will be given to the housing to be demolished. The implementation of housing property rights replacement, the construction area of the house to be built exceeds the replacement area of property rights, and the price of ordinary commercial housing in similar areas is charged according to the "Building Construction Permit" obtained by the renovation project of dilapidated houses. The difference beyond the price of non-to-be-built houses shall be collected by the local housing reform department and deposited in the state treasury at the same level. The price of ordinary commercial housing in similar lots can be implemented with reference to the average transaction price of new commercial housing with different land levels announced locally.
Seven, standardize the management of the sale of public housing.
For the renovation of unsold public housing in dilapidated houses with reference to the Interim Measures, the built public housing can be sold to employees who meet the conditions of purchasing public housing at the price of non-built housing area with the consent of the competent department and the approval of the financial department or the state-owned assets management department, and the sold public housing can be managed and treated as non-built housing. The sales income from the construction of public housing and office or other houses by administrative institutions shall be turned over to the finance at the same level, and shall be managed by enterprises according to relevant regulations.
Eight, adjust the transformation of dilapidated houses into housing transformation methods.
Since the date of promulgation of this supplementary provision, dilapidated houses in the whole region have been transformed into housing, and only the projects transformed by price-limited houses have been approved, and the projects transformed by full fund-raising houses and affordable housing have been stopped.
These supplementary provisions shall come into force as of the date of promulgation. If the supplementary provisions are not clearly adjusted, they shall be implemented in accordance with the provisions of the Interim Measures.
? Source: Portal of People's Government of Guangxi Zhuang Autonomous Region