A compensation standard for rural demolition in Chuzhou City
1. Housing value compensation standard. The housing compensation here refers to the compensation for the value of the buildings on the expropriated state-owned land, which is not lower than the similar market price of the expropriated houses on the date of the announcement of the housing expropriation decision, and is assessed and determined by an assessment agency with assessment qualifications. The market price here, the prefecture-level city government departments will formulate the corresponding housing market price list according to the annual residential housing market price law for local residents' reference. For example, the Shijiazhuang Municipal People's Government publishes the price list of residential housing market in Shijiazhuang demolition area every year in response to the three-year policy of great change. If you don't know the price of the demolished houses in your area, you can consult the local government construction department or ask for materials. If there is any objection to the evaluation of determining the value of the house, the evaluation can be reviewed. If there is any objection to the evaluation results, it may apply to the evaluation expert committee for re-evaluation.
2. Relocation expenses and temporary resettlement expenses (commonly known as transition expenses). For relocation expenses and temporary resettlement expenses, cities generally determine the specific amount and calculation method. For details, please refer to the standards issued by various places. The compensation standards listed by the author here are calculated according to the way that the demolished people move and transition by themselves. If the demolisher provides the revolving house, there is no need to pay the temporary resettlement fee. Take Shijiazhuang as an example (self-relocation): 20 12 relocation fee 20 yuan /m2, calculated twice; The temporary resettlement fee (transition fee) is calculated according to 25 yuan /m2, and it will be increased by 50% every month if it is overdue within 12 months, by 75% from 13 months if it is expected to be less than 24 months, and by 100% from the 25th month if it is overdue for more than 24 months.
3. Compensation for losses caused by suspension of production or business. This fee is the compensation for non-residential buildings and business buildings. Because it is a case, the compensation standard cannot be unified. Generally determined by the relevant parties through consultation. If negotiation fails, it can be entrusted to a real estate price assessment agency for assessment and determination.
4. Subsidies and incentives. Subsidies include hardship subsidies and joint venture subsidies. Hardship allowance is a subsidy for the poor, which is determined according to the standards issued by the local government; Pooled subsidies will provide additional subsidies to all the houses that have been demolished, and pool subsidy standards will also be issued. For example, Shijiazhuang released the benchmark subsidy coefficient of the houses expropriated in Shijiazhuang urban area. Reward refers to the extra compensation paid to the demolished person to encourage the demolished person to move in time. The specific standards vary from place to place, but the fee is not mandatory, and it depends on local policies.
4. Compensation for house decoration and household appliances relocation. Housing decoration compensation is also negotiated by both parties first, and negotiation cannot be decided by the evaluation agency. The relocation of household appliances is also implemented with reference to the above measures. However, in order to be unified and convenient, counties and cities will issue specific compensation standards according to market prices, and the specific amount will be subject to the compensation standards issued at the time of release.
Two, "Chuzhou city housing demolition management measures"
Chapter I General Provisions
Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the demolition parties and ensure the smooth implementation of urban construction projects, these Measures are formulated in accordance with the provisions of the Regulations on the Management of Urban House Demolition in the State Council (Order No.305 of the State Council) and the Measures for the Management of Urban House Demolition in Anhui Province (Order No.0/53 of the provincial government) and in combination with the actual situation of this Municipality.
Article 2 These Measures shall apply to the demolition of houses on state-owned land within the urban planning area of this Municipality and the need for compensation and resettlement for the demolished people.
Article 3 Urban house demolition must conform to urban planning, be conducive to urban transformation and improvement of ecological environment, and protect cultural relics and historic sites.
Fourth people should be taken in accordance with the provisions of these measures, to be taken to give 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.
Fifth Chuzhou Municipal Construction Committee is the competent department of housing demolition within the administrative area of this Municipality, and is responsible for the supervision and management of housing demolition in the whole city. City Housing Demolition Management Office specifically undertakes the daily management of urban housing demolition.
Land, planning, urban management administrative law enforcement, justice, civil affairs, public security, culture, environmental protection and other relevant departments and the district people's governments and sub-district offices where the demolished people are located shall, according to their respective functions and duties, cooperate with the housing demolition management department to do a good job in demolition work and ensure the smooth progress of urban housing demolition.
Chapter II Demolition Management
Sixth demolition of houses shall apply to the housing demolition management department, and the demolition shall be carried out only after obtaining the permit for house demolition. To apply for a house demolition permit, the following materials shall be submitted to the house demolition management department in accordance with the regulations:
(a) the approval documents of the construction project as stipulated by laws and regulations;
(two) the construction land planning permit;
(three) the certificate of state-owned land use right or the approval of construction land;
(four) the demolition plan and demolition plan;
(five) the certificate of demolition compensation and resettlement funds and the fund supervision agreement issued by the financial institution that handles the deposit business.
Seventh demolition plan and demolition plan shall include the following contents:
(a) the scope, manner and duration of the demolition;
(two) the basic information of the structure, use, completion date, construction area and property registration of the house within the scope of demolition;
(three) the estimated cost of compensation and subsidies for demolition;
(four) the resettlement standard of the property right exchange house, the graphic design and location of the new resettlement house;
(five) the temporary transition mode and specific measures;
(six) other matters that need to be explained.
Article 8 The house demolition management department shall, at the same time of issuing the house demolition permit, promptly publish the name of the construction project, the demolition person, the demolition scope, the demolition period and other matters specified in the house demolition permit in the form of a house demolition announcement.
The house demolition management department shall, within 30 days from the date of receiving the application, review the application matters, and issue the house demolition permit to those who meet the requirements; Do not meet the conditions, return the application and explain the reasons in writing.
Article 9 The scope of demolition approved by the house demolition permit shall not exceed the scope of land approved by the planning permit for construction land, but it shall include the scope of demolition required by roads, greening and other concessions outside the construction land approved by the planning administrative department.
Construction projects without changing the nature of the original land use, the housing demolition management department shall, when reviewing the scope of demolition, verify the scope of demolition according to the approval documents of the construction project, the construction project planning permit, the approval documents of the state-owned land use right, and the planning and design conditions put forward by the planning administrative department.
Tenth people should be taken in the demolition permit to determine the scope and duration of the demolition, the implementation of housing demolition.
Need to change the scope of demolition or extend the period of demolition, demolition should be before the expiration of the period of demolition, apply to the house demolition management department, the house demolition management department shall review within 65 days from the date of receiving the application, and go through the extension formalities for those who meet the requirements; Do not meet the conditions, return the application and explain the reasons in writing.
Eleventh people can take their own demolition, can also entrust a qualified unit to carry out the demolition. Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
The implementation of house demolition shall comply with the provisions of laws and regulations such as city appearance, environmental protection and construction safety, implement civilized and safe construction, and keep the environment clean and tidy.
Twelfth demolition, demolition should be included in the demolition plan.
If the demolisher entrusts the demolition, he shall issue a power of attorney to the entrusted demolition unit and conclude a demolition entrustment contract. The entrusted demolition unit shall not transfer the demolition business.
Thirteenth after the demolition scope is determined, the units and individuals within the demolition scope shall not carry out the following activities from the date of the announcement of the demolition:
(1) Building, expanding and rebuilding houses;
(2) Changing the use of houses and land;
(three) registration of change of ownership, mortgage and lease of houses.
The house demolition management department shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension shall specify the suspension period. The suspension period shall not exceed 1 year; If the demolition needs to extend the suspension period, it must be approved by the house demolition management department, and the extension of the suspension period shall not exceed 1 year.
The relevant departments shall go through the relevant formalities for the matters listed in the first paragraph of this article within the suspension period specified in the written notice of the house demolition management department, and the suspension period shall not be used as the basis for compensation and resettlement for demolition.
Fourteenth demolition and demolition should be in accordance with the provisions of these measures, signed a written demolition compensation and resettlement agreement, demolition compensation and resettlement agreement shall include the following contents:
(a) the way of compensation, compensation amount and payment period;
(2) the area and location of resettlement houses;
(three) the payment method and time limit for the price difference of the property right exchange house;
(four) the relocation time, relocation transition mode and transition period;
(five) relocation subsidies and temporary resettlement subsidies;
(six) the liability for breach of contract and the solution of the agreement dispute;
(seven) other terms that both parties think need to be concluded.
Fifteenth houses to be demolished in any of the following circumstances, the demolition compensation and resettlement plan, submitted to the housing demolition management department for examination and approval, before the implementation of the demolition:
(a) there is a property right dispute;
(two) the whereabouts of the property owner is unknown;
(three) some people in the house can not reach an agreement on the compensation method for demolition.
Before a house under any of the circumstances listed in the preceding paragraph is demolished, the demolisher shall apply to the notary office for evidence preservation on matters related to the demolished house.
Sixteenth rental housing demolition, demolition should be taken and the lessee signed a demolition compensation and resettlement agreement.
Seventeenth demolition compensation and resettlement agreement, the demolition and demolition, housing tenant should be strictly enforced. If the demolished person or lessee refuses to move or other disputes occur within the agreed time limit, the demolished person may apply for arbitration or bring a lawsuit to the people's court according to the demolition agreement. If a lawsuit is filed for refusing to move, during the lawsuit, the demolition person may apply to the people's court for execution in accordance with the law.
Eighteenth demolition parties can not reach a demolition compensation and resettlement agreement, the application of the parties, approved by the demolition management department. Housing demolition management department is the demolition, managed by the people's government at the same level. The specific procedure of the ruling is based on the Working Rules for Administrative Ruling of Urban House Demolition.
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. In accordance with the provisions of these measures, if the demolition person gives monetary compensation to the demolition person or provides resettlement housing or revolving housing, the execution of the demolition shall not be stopped during the reconsideration and litigation, except in cases where the execution is stopped according to law.
Article 19 If the demolished person or lessee fails to move within the relocation period stipulated in the ruling, the people's government at the same level shall instruct the relevant departments to forcibly move, or the 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.
Article 20 If the municipal or county people's governments instruct the relevant departments to demolish buildings by force, they shall do so in accordance with the procedures stipulated in Article 17 of the Measures for the Administration of Urban Housing Demolition in Anhui Province.
Twenty-first residents in the relocation period stipulated in the demolition compensation and resettlement agreement or ruling, shall not be taken to stop water supply, power supply, gas supply and other acts that affect production and life. The person to be demolished shall not damage the demolition facilities of the house to be demolished.
Twenty-second has not yet completed the transfer of demolition compensation and resettlement construction projects, the assignee shall report to the housing demolition management department for approval, and go through the formalities for the change of housing demolition permit. The relevant rights and obligations in the original demolition compensation and resettlement agreement are then transferred to the transferee. The transfer contract shall be announced by the transferor and the transferee within 30 days from the date of signing, and the demolished person shall be notified in writing to change the demolished person in the signed agreement in time.
Twenty-third housing units to implement a special fund system. The demolisher shall deposit the compensation and resettlement funds into the special bank account designated by the demolition management department, and the house demolition management department shall sign a fund supervision agreement with the demolisher and the fund storage bank.
The deposit amount of compensation and resettlement funds for demolition specified in the preceding paragraph shall not be less than the total construction area of the house to be demolished multiplied by the benchmark price of monetary compensation for houses of the same location and nature in the previous year, and the house to be demolished for property right exchange can be included at a discount.
Twenty-fourth people who use the demolition compensation and resettlement funds shall apply to the housing demolition management department. Without the approval of the housing demolition management department, the demolition compensation and resettlement funds shall not be used for other purposes. Housing demolition management department shall, within 3 days from the date of receiving the application, review the use of funds and make an audit decision.
Twenty-fifth housing demolition management department shall collect the following information of housing demolition, strengthen the management of demolition files, and establish and improve the management system of demolition files:
(a) the relevant approval documents for house demolition and construction;
(two) the demolition plan and demolition plan and its adjustment data;
(three) a copy of the entrusted demolition contract;
(four) administrative law enforcement documents in the process of demolition;
(five) other files related to the demolition.
Chapter III Compensation and Resettlement for Demolition
Twenty-sixth the use and construction area of the house to be demolished shall be subject to the use and construction area marked by the real estate license of the house to be demolished and other effective housing property certificate.
1 April 9901The Urban Planning Law of People's Republic of China (PRC) was changed before its implementation, and it will continue to be used according to the changed purpose. After the application of the owner of the house, if the registration is changed by the house property registration management department, it shall be deemed as a change of use.
Twenty-seventh illegal buildings within the scope of demolition and temporary buildings exceeding the approved period, all people should dismantle themselves within the demolition period specified in the house demolition permit. Demolition of illegal buildings and temporary buildings exceeding the approved period, without compensation or resettlement; Demolition of temporary buildings that have not exceeded the approved period shall be compensated according to 30%-50% of the original actual cost of the construction project, and no resettlement shall be given.
Twenty-eighth demolition compensation can be monetary compensation, but also the way of housing property rights exchange.
Unless otherwise provided by laws and regulations and the provisions of the second paragraph of Article 35 and the second paragraph of Article 36 of this Ordinance, the demolished person may choose the compensation method for demolition.
Twenty-ninth the amount of monetary compensation for the demolished houses is determined according to the assessed price of the real estate market. The appraisal price of the real estate market is determined by a legally qualified real estate appraisal agency based on the benchmark price of monetary compensation announced by the municipal government, combined with the location, use, construction area, building structure, development and other factors of the house to be demolished.
City housing demolition management department in conjunction with the price, land and other departments to determine the benchmark price of monetary compensation (including counties and cities), after the approval of the municipal government, published before June 65438+ 10/3 1 every year.
Thirtieth houses to be demolished to implement the real estate market evaluation price publicity system. The real estate appraisal institution shall publish the main information such as the name of the demolished person, the house number of the demolished house, the evaluation factors, the evaluation basis, etc. in the demolished area, and the publication time shall not be less than 10 day.
Article 31 If the demolition party disagrees with the evaluation results, it may apply to the local house demolition management department for evaluation within 10 days from the date of receiving the evaluation results, and the house demolition management department shall set up a real estate appraisal committee for evaluation within 10 days from the date of receiving the evaluation application.
The experts specified in the preceding paragraph shall be randomly selected by the house demolition management department from the roster of experts established by the construction administrative department of the provincial people's government.
If the demolition party applies for appraisal, the appraisal conclusion shall be used as the basis for the ruling of the ruling authority; Did not apply for identification, identification results as the basis of the ruling authority; The appraisal fee shall be borne by the appraisal applicant.
Thirty-second people who are demolished belong to families with special difficulties in life. If the per capita construction area of the demolished residential houses is lower than that of the local cities and counties, when the property rights are exchanged, the demolished people shall provide houses with per capita construction area not lower than that of the local cities and counties as resettlement houses. If the price of the resettlement house is higher than the price of the demolished house, the price difference between the demolished house and the resettlement house will not be settled.
The poverty-stricken households mentioned in the preceding paragraph refer to urban residents who enjoy the minimum living allowance in accordance with the relevant provisions of the state and the province.
Article 33 Where the house property right exchange is implemented, the demolisher shall provide the demolished person with a resettlement house not less than the original construction area of the demolished house, and the demolisher and the demolished person shall calculate the compensation amount of the demolished house and the price of the exchanged house in accordance with the provisions of Article 29 of these Measures, and settle the price difference of the property right exchange.
Thirty-fourth people should be taken to provide houses that meet the national quality and safety standards for the people being taken and resettled. Newly built resettlement houses shall meet the requirements of design specifications and pass the acceptance. Do not meet the above requirements, the demolition shall not be arbitrarily placed, and shall not stop issuing temporary resettlement subsidies.
Thirty-fifth demolition of public housing, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation.
Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition.
Thirty-sixth demolition of rental housing, the demolition and housing tenant to terminate the lease relationship, or the demolition of housing tenant resettlement, the demolition of compensation to the demolition.
If the demolished person and the lessee fail to reach an agreement on terminating the lease relationship, the demolished person shall exchange the property rights of the demolished person, and the house with the property rights exchange shall be leased by the original lessee.
Thirty-seventh people should be taken to the demolition or housing tenant to pay relocation subsidies. The implementation of housing property rights exchange, the demolition or housing tenant from the demolition of housing turnover to resettlement housing, the demolition should pay relocation subsidies again.
Thirty-eighth in the transition period, the demolition or housing tenant to solve the housing turnover, the demolition shall pay temporary resettlement subsidies within 4 months from the month of relocation; The lessee of the house to be demolished arranges the transitional house by himself, and the demolition