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 of the State Council on the Management of Urban House Demolition (hereinafter referred to as the Regulations) and in combination with the actual situation in our province.
Article 2 The Regulations and these Measures shall apply to the implementation of house demolition on the state-owned land in the urban planning area of our province and the need for compensation and resettlement for the people to be demolished.
Article 3 Urban house demolition must conform to urban planning, which is conducive to the transformation of old areas and the improvement of ecological environment, and the protection of cultural relics and historic sites.
Fourth provincial construction administrative departments and counties (including county-level cities, the same below) are responsible for the management of housing demolition work (hereinafter referred to as the housing demolition management department) to supervise and manage the urban housing demolition work within their respective administrative areas.
Land administrative departments shall be responsible for land management related to urban house demolition in accordance with relevant laws, regulations and rules.
The relevant government departments shall, in accordance with the provisions of these measures, cooperate with each other to ensure the smooth progress of house demolition work.
Chapter II Demolition Management
Fifth units that demolish houses can only implement demolition after obtaining the permit for house demolition.
Article 6 The demolisher shall submit an application to the administrative department of house demolition in the city or county where the house is located with the following documents:
(a) the approval document of the construction project;
(two) the construction land planning permit;
(three) the approval document of the right to use state-owned land;
(four) the demolition plan and demolition plan;
(five) the deposit certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business;
(six) other information as prescribed by laws, regulations and rules.
The house demolition management department shall, within 30 days from the date of receiving the application, review the application matters; Eligible, issued a permit for house demolition.
Article 7 It is forbidden for any unit or individual to alter, forge, lend or buy or sell the house demolition permit.
Article 8 The demolisher shall carry out house demolition within the scope and time limit specified in the house demolition permit.
Demolition shall not expand or narrow the scope of demolition without authorization; If it is really necessary to expand or shrink, it shall re-apply for the house demolition permit according to law.
If the demolisher fails to complete the demolition within the specified demolition period and needs to postpone the demolition, the demolisher shall apply to the house demolition management department that issued the house demolition permit for an extension of the demolition before the expiration of the demolition period 15; The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition.
The demolition period is determined by the house demolition management department according to the demolition scale and the nature of the demolition project.
Ninth people can take their own demolition, demolition can also be entrusted with the qualification of units to carry out the demolition. The entrusted demolition unit shall not entrust the demolition business.
The demolition unit shall meet the following conditions:
(a) a clear name, organization and fixed office space;
(2) Having the qualification of an enterprise legal person;
(three) funds and technical, economic and financial management personnel that are suitable for the demolition business undertaken;
(four) other conditions stipulated by laws, regulations and rules.
Tenth demolition and demolition shall, in accordance with the provisions of these measures, reach a written agreement on compensation and resettlement for demolition. Where monetary compensation is implemented, the amount of demolition compensation, payment method, payment period, relocation period, liability for breach of contract and other contents that need to be agreed upon shall be stipulated in the agreement; Where property rights exchange is implemented, the agreement shall stipulate the location of the house to be exchanged, the housing area, the payment period of the difference in property rights exchange, the amount and payment period of relocation subsidies and temporary resettlement subsidies, the resettlement of the original lessee and other contents that need to be agreed.
Demolition of rental housing, the demolition should be taken and the lessee signed a demolition compensation and resettlement agreement.
The demonstration text of the demolition compensation and resettlement agreement shall be formulated by the provincial housing demolition management department in conjunction with the provincial administrative department for industry and commerce.
Eleventh housing demolition management department escrow housing needs to be demolished, demolition compensation and resettlement agreement must be notarized by a notary public. The house demolition management department shall handle matters related to house demolition, and handle evidence preservation with the notary office.
Twelfth after the conclusion of the demolition compensation and resettlement agreement, the demolition shall, within 30 days, go through the formalities for the cancellation of registration of the property rights of the demolished houses according to law.
Thirteenth demolition and demolition, or demolition and demolition, housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the housing demolition management department ruled. Housing demolition management department is the demolition, managed by the people's government at the same level. 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 reconsideration or bring a lawsuit to the people's court according to law. If the demolisher has given monetary compensation to the demolished person in accordance with the provisions of these Measures, or ruled to maintain the demolition compensation and resettlement agreement, or provided the demolition resettlement house and revolving house, the execution of the demolition will not be stopped during the litigation.
Article 14 If the demolished person or lessee fails to move within the relocation period stipulated in the ruling, the people's government of the city or county where the house is located 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.
City and county people's government instructed the relevant departments of compulsory demolition, housing demolition management department shall notify the demolition 00 days in advance.
Before the implementation of compulsory demolition, the demolition should be related to the demolition of houses, to the notary public for evidence preservation.
Fifteenth in the demolition period, the transfer of housing demolition rights according to law, should be approved by the housing demolition management department, for housing demolition permit change procedures. The house demolition management department shall announce the relevant contents of the changed house demolition permit.
If the transferor of the house demolition right fails to perform the relevant obligations stipulated in the demolition compensation and resettlement agreement or award, the transferee shall continue to perform it. The transferor and the transferee shall notify the demolished person in writing of the transfer.
Sixteenth housing demolition compensation and resettlement funds should be used for housing demolition compensation and resettlement, and shall not be used for other purposes.
Demolition compensation and resettlement funds shall be deposited in the account opened by the demolition person in a financial institution.
The house demolition management department shall sign a supervision agreement on the use of demolition compensation and resettlement funds with the demolition person and the financial institution that issues the deposit certificate of demolition compensation and resettlement funds; Clarify the procedures for the use of compensation and resettlement funds for demolition and the legal liability for violating the agreement.
Seventeenth housing demolition management departments should establish and improve the demolition archives management system, in accordance with the "People's Republic of China (PRC) Archives Law" and the relevant provisions of urban construction archives management, sorting and keeping the demolition archives. And provide services to the society.
The demolisher shall organize and keep the demolition files in time, and hand over the demolition files to the house demolition management department within 30 days after the demolition.
Chapter III Compensation and Resettlement for Demolition
Eighteenth 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.
Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; Demolition of temporary buildings that have not exceeded the approved period shall be compensated according to the replacement price of the demolished houses combined with the remaining service life.
Nineteenth demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange. Unless otherwise stipulated in these measures, the person being taken has the right to choose the compensation method for the demolition.
When the leased house is demolished, the folded person and the lessee terminate the lease relationship. Or resettle the lessee of the house to be demolished, and the demolisher shall compensate the demolished person; If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person. Where the house with property right exchange is leased by the original lessee, the person to be demolished shall re-sign the house lease agreement with the original lessee.
Twentieth monetary compensation, commodity compensation amount according to the location, use, construction area, degree of innovation, building structure and other factors, to determine the real estate market evaluation price. Among them, the city and county real estate appraisal expert committee (hereinafter referred to as the appraisal committee) determines the price per square meter of different lots, different structures and different types of residential houses according to the transaction price of the residential housing real estate market in the previous year, combined with factors such as supply and demand and environmental changes, and regularly announces it to the public.
The real estate appraisal institution (hereinafter referred to as the appraisal institution) shall determine the unit price of compensation area of the demolished residential house according to the appraisal results of the appraisal committee and the factors such as the newness, floor, orientation, environment and utilization rate of the demolished residential house.
The monetary compensation amount of the demolished residential house is equal to the unit price of the compensation area multiplied by the construction area of the demolished residential house.
The appraisal committee consists of more than three national registered real estate appraisers.
Twenty-first demolition should entrust an assessment agency with corresponding qualifications to assess the houses to be demolished.
If the demolisher or the demolished person disagrees with the evaluation result, it shall be ruled by the evaluation committee.
The evaluation committee shall review the evaluation basis, evaluation method and calculation process adopted by the evaluation institution, and make a ruling.
The assessment fee shall be borne by the demolisher. If the review committee decides that the original review result is valid, the ruling fee shall be borne by the dissenting party; If the original evaluation result is invalid, the award fee shall be borne by the evaluation institution.
Twenty-second the implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of Article 20 of these measures, calculate the amount of compensation for the demolition of housing and the price of housing exchange, and settle the price difference of property rights exchange.
Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition.
Twenty-third the purpose of the house to be demolished is determined according to the design purpose recorded in the house ownership certificate; If there is any objection, the design purpose recorded in the real estate registration card shall prevail.
Before the house demolition, the property right of the house has been transferred, but the change registration has not been handled, or the recorded area of the house ownership certificate does not match the actual area, the real estate registration department shall issue a confirmation letter within 5 working days after receiving the application from the party concerned.
Twenty-fourth the implementation of housing property rights exchange, the demolition should give priority to the demolition of local resettlement in line with national design norms and quality and safety standards of housing; Due to special reasons, can not be placed in situ, the implementation of ex situ resettlement, but should obtain the consent of the housing demolition management department.
The demolition of rental housing to implement property rights exchange, the demolition of property rights exchange housing is not less than the original housing value and the use area is not less than the original housing area, the demolition, housing tenant should accept the demolition arrangements.
Twenty-fifth demolition of public housing, determine the property rights, compensation and resettlement in accordance with the following provisions:
(a) the lessee obtains property rights after purchasing public housing;
(two) the lessee did not buy public housing, the demolition of property rights exchange price difference, the demolition and the lessee to re-establish the lease relationship, property rights to the demolition.
Article 26 In the case of demolition of houses with unclear property rights, the demolition person shall put forward a compensation and resettlement plan, make measurement records of the houses to be demolished, go through the formalities of notarization of compensation deposit and evidence preservation at the notary office, and implement the demolition after reporting to the house demolition management department for examination and approval.
Twenty-seventh demolition of houses with mortgages, the mortgagor and the mortgagee to re-set the mortgage or reach a debt settlement agreement, the demolition should be in accordance with the agreement to give monetary compensation or property rights exchange; If the mortgagor and the mortgagee cannot re-establish the mortgage right or reach a debt settlement agreement, the demolisher shall make monetary compensation to the demolished person and deposit the compensation in the notary office.
Twenty-eighth people should be taken to the demolition or housing tenant to pay relocation subsidies.
The demolition of residential housing property rights exchange, the demolition should be taken to arrange their own accommodation or pay temporary resettlement subsidies to the lessee; The demolished person or lessee uses the turnover house provided by the demolished person. Demolition does not pay temporary resettlement subsidies.
Demolition of non-residential housing property rights exchange, the demolition of people in addition to pay the relocation allowance for the demolition or housing tenant, but also pay the equipment disassembly fee, equipment replacement fee can not be restored; Due to the demolition caused by the suspension of production or business, the demolition should pay temporary resettlement subsidies.
Relocation allowance shall be determined with reference to the transportation market price. Temporary resettlement subsidies, according to the housing construction area, transition period, to participate in the basic old-age insurance social pooling registration and other factors to determine. The equipment removal fee and the replacement fee of the equipment that cannot be restored to use shall be determined according to the market price.
The specific standards for relocation subsidies, temporary resettlement subsidies, equipment removal fees and equipment replacement fees that cannot be restored to use shall be formulated by the Municipal People's Government.
Twenty-ninth due to house demolition caused by gas, communications, cable TV, electricity meters, water meters and other equipment relocation costs, should be paid to the demolition according to the market price.
Chapter IV Legal Liability
Thirtieth in violation of the provisions of these measures, without obtaining the permit for house demolition, unauthorized demolition, the house 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 demolished house construction area.
Thirty-first in violation of the provisions of these measures, by altering, forging, lending, buying and selling, etc. to obtain the permit for house demolition. , the house demolition management department shall revoke the house demolition permit, and impose a fine of 1% to 3% of the compensation and resettlement funds.
Thirty-second demolition in violation of the provisions of these measures, one of the following acts, the house demolition management department shall order it to stop the demolition, give a warning, and may impose a fine of 0% to 3% of the total compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked:
(a) not in accordance with the scope of the demolition of housing demolition permit to determine the implementation of housing demolition;
(two) entrust a unit that does not have the qualification for demolition to carry out demolition;
(three) to extend the demolition period without authorization.
Thirty-third entrusted demolition units in violation of the provisions of these measures, the transfer of demolition business, the 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 agreed in the contract.
Thirty-fourth hinder the housing demolition management staff to perform their duties according to law, in violation of the provisions of public security management, the public security organs shall be punished in accordance with the "Regulations of the people's Republic of China on administrative penalties for public security"; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-fifth housing demolition management departments in violation of the provisions of these measures, one of the following acts, the person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the circumstances are serious, causing heavy losses to public property, the interests of the state and the people, which constitutes a crime, criminal responsibility shall be investigated according to law:
(a) in violation of the provisions of the issuance or refusal to issue housing demolition permits and other approval documents;
(two) after issuing the house demolition permit and other approval documents, failing to perform the duties of supervision and management according to law;
(three) failing to investigate and deal with illegal acts according to law or imposing administrative penalties in violation of regulations;
(four) in violation of the provisions of the demolition commission;
(five) there are other acts in violation of regulations.
Article 36 Administrative punishment shall be implemented in accordance with the relevant provisions of the Administrative Punishment Law of the People's Republic of China. Fines and fines collected shall be implemented in accordance with the Detailed Rules for the Implementation of the Separation of Fine Decision and Fine Collection in Jilin Province.
Chapter V Supplementary Provisions
Article 37 The meanings of the following terms in these Measures are:
(a) the relocation period refers to the time limit for the demolition to complete the relocation agreed or decided by the demolition and relocation people in the demolition compensation and resettlement agreement;
(two) the scope of demolition refers to the scope of house demolition determined by the house demolition management department according to the construction land planning permit and the approval document of the state-owned land use right;
(three) the demolition period refers to the demolition permit specified in the demolition work completion date;
(four) illegal construction, refers to the construction in the urban planning area, without obtaining the construction project planning permit or in violation of the provisions of the construction project planning permit;
(five) temporary buildings, refers to the approval of the competent department of city planning administration, the provisions of the term of use, the expiration of the building must be demolished;
(six) property rights exchange, refers to the demolition of their own construction or purchase of housing and the demolition of housing, according to the demolition of housing evaluation price and the replacement of housing market price settlement difference;
(seven) the transition period refers to the starting and ending dates from the completion of the relocation to the relocation agreed by the demolition parties in the demolition compensation and resettlement agreement or determined by the house demolition management department in the demolition announcement.
Thirty-eighth in the urban planning area of foreign land for housing demolition, and the need for compensation and resettlement, with reference to these measures.
Article 39 These Measures shall come into force as of June 5, 2002. 1994 1.7 the detailed rules for the implementation of the management of urban house demolition in Jilin province promulgated by the people's government of Jilin province shall be abolished at the same time.