Chapter 1 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 progress of urban construction, according to The "Regulations on the Management of Urban House Demolition" of the State Council has been formulated based on the actual conditions of this province.
2. Where house demolition is carried out on state-owned land in urban planning areas within the administrative region of this province and it is necessary to compensate and resettle the demolished persons, these regulations shall apply.
Article 3 House demolition must comply with urban planning, be conducive to the transformation of old cities and the improvement of the ecological environment, and be conducive to the protection of cultural relics and historic sites.
Article 4 The demolisher shall provide compensation and resettlement to the demolished persons in accordance with the provisions of these Regulations. The demolished persons shall complete the relocation within the agreed relocation period.
The demolisher referred to in these regulations refers to the unit that has obtained the house demolition permit.
The person to be demolished as mentioned in these regulations refers to the owner of the house to be demolished.
Article 5 The provincial construction administrative department shall supervise and manage the demolition of urban houses in the province.
The departments responsible for managing house demolition work (hereinafter referred to as the house demolition management department) of the municipal (prefecture) and county (city) people's governments shall supervise and manage urban house demolition work within their respective administrative regions.
Relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in urban house demolition management.
Chapter 2 Demolition Management
Article 6 The demolition permit system shall be implemented for house demolition. Demolition shall not be carried out without obtaining the "House Demolition Permit".
Article 7 To apply for a "House Demolition Permit", an application should be made to the housing demolition management department of the people's government at or above the county level where the house to be demolished is located, and the following information should be submitted:
(1) ) Demolition plan and demolition plan;
(2) Construction project approval documents;
(3) Construction land planning permit;
(4) State-owned land Approval documents for land use rights;
(5) Approval documents for land use rights for construction;
(6) Approval documents for land use rights for construction. (4) Approval document for state-owned land use rights;
(5) Certificate of deposit in a special account for demolition compensation and resettlement funds issued by a financial institution that handles deposit business.
Article 8 The demolition and resettlement plan shall include: the scope and method of demolition, the period of demolition, the start and completion time of the project, etc.
Article 9 The demolition and resettlement plan shall include:
(1) The current status of the house to be demolished (the nature of use of the house, the age of use, the property area, floors, orientation, location, Structural form, etc.);
(2) Estimation of various compensation and subsidy costs;
(3) Resettlement standards and locations of property rights exchange houses;
(4) Temporary transition methods and specific measures.
Article 10 The amount of the deposit for demolition compensation and resettlement funds shall not be less than the total construction area of ??the demolished houses multiplied by the real estate market assessment guide price of houses of the same nature in the same location in the previous year, and shall be used by the demolishers for property rights exchange. houses can be discounted.
Article 11 All house demolition compensation and resettlement funds shall be used for house demolition compensation and resettlement and shall not be used for other purposes.
The housing demolition management department of the people's government at or above the county level shall strengthen supervision of the use of housing demolition compensation and resettlement funds.
Article 12 The local house demolition management department shall issue a "House Demolition Permit" to those who meet the conditions within thirty days from the date of receipt of the application for house demolition; to those who do not meet the conditions, they shall not If approved, the applicant will be notified in writing and the reasons will be stated.
The scope of demolition approved by the "House Demolition Permit" shall not exceed the scope of land approved by the Construction Land Planning Permit.
Article 13 When issuing the "House Demolition Permit", the house demolition management department shall transfer the demolition person, demolition scope, demolition period and other matters stated in the "House Demolition Permit" to the house. The demolition notice will be announced in the form of a demolition announcement. The demolisher shall promptly inform the demolished persons of the contents of the announcement.
Article 14 The demolisher may entrust a unit with house demolition qualifications to carry out the demolition; if the demolisher has house demolition qualifications, he may also carry out the demolition on his own.
Housing demolition management departments are not allowed to act as agents for demolition, nor are they allowed to accept demolition entrustments.
Article 15 House demolition workers should be familiar with house demolition laws, regulations and demolition policies, and have corresponding professional knowledge of house demolition work.
Article 16 When issuing a house demolition announcement, the local house demolition management department shall provide the demolishers with more than two real estate appraisal agencies with evaluation qualifications for the demolishers to choose. The demolishers and the demolished persons shall make their choice within five days from the date of the house demolition announcement.
If the demolisher and the demolished choose the same evaluation agency, they must sign an entrustment agreement together, and the evaluation fee will be paid by the demolisher. If the demolisher or the person being demolished has any objection to the evaluation result, he or she can entrust another evaluation agency with evaluation qualifications to re-evaluate the evaluation, and the evaluation fee will be paid by the entrusting party. If the two evaluation results are within the error range specified by the province, the original evaluation results will be implemented. If the evaluation results exceed the error range stipulated by the province, the demolition parties can negotiate to resolve the issue; if the negotiation cannot resolve the issue, upon application by the parties, the housing demolition management department will organize evaluation experts to make a ruling on the evaluation results.
If the demolishers and the demolished persons select appraisal agencies respectively, the demolishers and the demolished persons shall sign an entrustment agreement with the selected appraisal agency, and the appraisal fees shall be paid by the entrusting party respectively. If the two evaluation results are within the error range specified by the province, the evaluation results of the evaluation agency entrusted by the demolisher will be implemented. If the two evaluation results exceed the error range stipulated by the province, the demolition parties can negotiate a settlement; if the negotiation fails, upon the application of the parties, the housing demolition management department will organize evaluation experts to make a ruling on the evaluation results.
If the demolisher and the person being demolished reach an agreement on the compensation amount of the demolished house, the demolished house shall not be evaluated.
Article 17 Within the demolition period announced by the house demolition management department, the demolisher and the demolished shall sign a demolition compensation and resettlement agreement regarding the compensation amount in accordance with the provisions of these regulations.
The demolished persons shall, in accordance with the provisions of these regulations, sign a contract for demolition compensation regarding the compensation amount, payment method, payment period, resettlement area, resettlement location, relocation period, resettlement transition method, transition period, liability for breach of contract and other matters that the parties deem need to be clarified Settlement Agreement.
The sample text of the demolition compensation and resettlement agreement shall be uniformly printed by the provincial construction administrative department.
Article 18 If the demolisher and the person being demolished or the demolisher, the person being demolished and the lessee fail to reach an agreement on compensation and resettlement for demolition, the decision shall be made by the house demolition management department upon application by the parties concerned. The house demolition management department belongs to the people being demolished and shall be adjudicated by the people's government at the same level. The ruling shall be made within thirty days from the date of receipt of the application.
If the party concerned is dissatisfied with the award, he may file a lawsuit with the People's Court within three months from the date of delivery of the award. If the demolisher provides monetary compensation or provides resettlement housing or turnover housing to the demolished persons in accordance with the provisions of these Regulations, the implementation of the demolition shall not be suspended during the litigation period.
Article 19: During the demolition period announced by the house demolition management department, the demolisher shall not stop the water supply, power supply, heat supply, gas supply, or otherwise affect the production of the demolished persons or the tenants of the houses that have not been relocated. , the behavior of life.
Article 20 The demolisher and the demolished shall not damage or dismantle the public facilities of the demolished house.
Article 21 After the demolition compensation and resettlement agreement is signed, the demolisher shall return the land use right certificate and house ownership certificate of the demolished house to the relevant department for cancellation and registration. For public housing, the owner of the house must hand over the rental certificate and handle the cancellation registration.
Article 22 The demolisher shall organize the demolition in a timely manner during the demolition, properly keep the demolition files and materials, and transfer the demolition files and materials to the housing demolition management department at the location of the demolition within thirty days after the demolition is completed.
Article 23: Implement a statistical reporting system for house demolition. The demolishers shall regularly fill in and submit house demolition statistical statements to the house demolition management department.
Chapter 3 Compensation and Resettlement
Article 24 Monetary compensation or property rights exchange can be implemented for house demolition.
House demolition shall not implement different compensation and resettlement standards for the demolished and resettled persons due to different construction projects.
Unless otherwise stipulated by the state, the demolished persons have the right to choose the compensation method.
If the demolished lot is used to build similar commercial housing, the demolished people who choose monetary compensation have the priority to purchase similar commercial housing in the original lot.
Article 25 The amount of monetary compensation shall be determined by the real estate appraisal agency in accordance with the real estate market appraisal guide price announced by the local people's government when the "House Demolition Permit" is issued, taking into account the location, purpose, and construction area of ??the demolished house. , floor, orientation, decoration, environment, ancillary facilities and other factors are determined.
Article 26 The municipal (state) and county (city) people's governments shall follow the principles and methods for formulating the real estate market assessment guide prices determined by the price department of the provincial people's government in conjunction with the provincial construction administrative department. The local real estate market assessment guide price is formulated and published once a year. Before the real estate market assessment guide price is formulated, the price department of the local people's government shall hold a hearing.
Article 27 The construction area and purpose of the demolished house shall be determined based on the area and purpose indicated on the house ownership certificate issued by the housing management department; if the house ownership certificate does not indicate this, the area and purpose shall be determined based on the house ownership certificate. The area and purpose indicated on the registration card shall prevail.
Article 28 If the demolition party chooses to exchange property rights, it has the right to require that the building area of ??the resettlement house provided by the demolition party shall not be less than the building area of ??the house to be demolished. The demolisher and the person being demolished shall settle the property rights exchange difference according to the compensation amount of the demolished house and the price of the resettlement house provided.
Article 29 House demolition and resettlement must comply with relevant laws and regulations and relevant technical and quality standards.
Article 30: When reviewing the construction drawing design documents, if the administrative department finds that the layout and facility design of the demolished and resettled houses are unreasonable and harms the interests of the people being demolished, they shall submit written opinions and the house demolition management department shall Department supervision and modification. The demolisher shall not change the revised design plan without authorization.
Article 31 During the demolition period stipulated in the demolition announcement, if any of the following circumstances occurs, the demolisher shall propose a compensation and resettlement plan, submit it to the housing demolition management department for approval, and obtain evidence preservation by the notary authority. Implementation of demolition:
(1) Disputes over property rights and use rights have not yet been resolved;
(2) The whereabouts of the property owner are unknown;
p>(3) House ****, some people cannot reach a consensus after consultation.
Article 32: If a demolished person purchases or builds a house that enjoys subsidies from the state or an employer, the demolisher shall compensate the demolished person according to the respective investment ratio of the parties involved.
Article 33 The demolishers must properly resettle the demolished persons who are particularly difficult in life and unable to solve their housing problems on their own. Specific standards and methods shall be formulated by the local people's government.
Article 34 If a house is rented, the demolished person and the house lessee terminate the lease relationship, or when the demolished person resettles the house lessee, the demolisher shall compensate the demolished person, and the demolished person shall If an agreement cannot be reached with the house lessee to terminate the lease relationship, the demolisher shall exchange the property rights of the house with the demolisher. The house whose property rights are exchanged shall be leased by the original lessee, and the demolisher shall enter into a new house leasing contract with the demolished person.
If the demolished residential houses are directly managed houses or unit-owned houses (including non-complete units), the lessees shall have the right to purchase houses under the housing reform policy. After the lessee pays the property owner the purchase price calculated according to the housing reform policy, the demolisher shall compensate and resettle the lessee in accordance with the provisions of these regulations.
Article 35 The demolisher shall pay relocation subsidies to the demolished persons or house lessees.
During the transition period, if the demolished person or the house lessee arranges their own accommodation, the demolisher shall pay the temporary resettlement subsidy, and if it is necessary to survive the winter, he shall also pay the heating subsidy; the demolished person agrees to use the demolisher If the demolition house is provided with a turnover house, the demolisher will not pay the temporary resettlement subsidy. If the demolisher has provided heating conditions for the demolished people, the demolisher will not pay the heating subsidy.
The standards for relocation subsidies, heating subsidies and temporary resettlement subsidies shall be formulated by the local people's government.
Article 36 The demolishers and the demolished shall abide by the agreement on the transition period. The demolisher shall not extend the transition period without authorization; if the demolisher provides a turnover house, the user of the turnover house shall return the turnover house on time.
Article 37 If the transition period is extended due to the responsibility of the demolisher, in addition to assuming liability for breach of contract, the demolisher shall also pay an additional temporary resettlement subsidy starting from the month of extension; if it is necessary to survive the winter, the demolisher shall also Pay heating subsidy.
Article 38 If the demolition of non-residential houses causes economic losses due to the suspension of production and business, the demolisher shall provide appropriate compensation to the demolished persons.
Article 39 No compensation will be given for the demolition of illegal buildings and temporary buildings that have exceeded the approved period; appropriate compensation should be given to temporary buildings that have not exceeded the approved period.
Chapter 4 Legal Responsibilities
Article 40 Anyone who violates the provisions of these regulations and commits any of the following acts shall be ordered by the house demolition management department to stop demolition and given a warning, and may be punished concurrently: A fine of not less than 1% but not more than 3% of the demolition compensation and resettlement funds will be imposed; if the circumstances are serious, the "House Demolition Permit" will be revoked:
(1) Demolition not determined in accordance with the "House Demolition Permit" Carrying out house demolition within the scope of the project;
(2) Entrusting units without demolition qualifications to carry out demolition;
(3) Extending the demolition period without authorization.
Article 41 Anyone who violates the provisions of these regulations and commits any of the following acts shall be punished by the house demolition management department:
(1) Failure to obtain a "House Demolition Permit" Anyone who carries out demolition without authorization shall be ordered to stop the demolition, given a warning, and fined not less than 20 yuan but not more than 50 yuan per square meter of the construction area of ??the demolished house;
(2) Obtaining the "House Demolition" by deceptive means "Permit", the "House Demolition Permit" will be revoked, and a fine of not less than 1% but not more than 3% of the demolition compensation and resettlement funds shall be imposed;
(3) The entrusted demolition unit transfers the demolition without authorization If the demolition service contract is violated, it shall be ordered to make corrections, the illegal gains shall be confiscated, and a fine of not less than 25% but not more than 50% of the service fee stipulated in the demolition service contract shall be imposed.
Article 42 If a real estate valuation agency fails to value the demolished houses in accordance with the real estate valuation regulations, the provincial construction administrative department shall give a warning or lower the qualification level; if the circumstances are serious, the real estate valuation agency may be cancelled. Qualifications of the valuation agency.
Article 43 If administrative penalties should be imposed on illegal activities in house demolition in accordance with the law, but the local house demolition management department does not impose punishment, the superior house demolition management department may order it to impose penalties; no administrative penalty has been imposed yet If the decision is made, the superior house demolition management department may directly make an administrative penalty decision on the illegal behavior.
Article 44 If the house demolition management department and its staff violate the provisions of these regulations and commit any of the following acts, the unit or superior department shall punish the directly responsible person in charge or other responsible personnel Administrative sanctions shall be imposed; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) Issuance of a "House Demolition Permit" and other approval documents in violation of regulations
(2) Issuance of a "House Demolition Permit" and other approval documents in violation of regulations
(2) Issuance of a "House Demolition License" Failure to perform supervision and management responsibilities according to the "House Demolition Permit" and other approval documents;
(3) Failure to investigate and punish illegal activities in house demolition;
(4) Abuse of power and illegal intervention House demolition activities involve malpractice for personal gain.
Chapter 5 Supplementary Provisions
Article 45 If house demolition is carried out on foreign-invested land in urban planning areas and it is necessary to compensate and resettlement the demolished persons, these regulations shall be followed. .
Article 46 This Regulation shall come into effect on April 10, 2002. On May 10, 1992, the Standing Committee of the Seventh People's Congress of Jilin Province promulgated the "Regulations on the Management of Urban House Demolition in Jilin Province" 》Abolition at the same time.