DocumentNo.: Zhan Fu Fa [1989] No.48
Release date: 1989-8-3
Implementation date: 1989-8-3
Chapter I General Principles
Article 1 In order to meet the needs of national construction and the transformation of old urban areas and ensure the smooth progress of urban construction, transformation and demolition, these Interim Measures are formulated in accordance with the relevant provisions of the Regulations on the Administration of Urban Private Houses, the Provisional Regulations on Urban Construction in Guangdong Province, the Regulations on the Administration of Public Property in Guangdong Province and the overall urban construction plan of Zhanjiang City, and in combination with the actual urban construction.
Article 2 Where it is necessary to demolish urban houses due to national construction (including economic, cultural, national defense and municipal public facilities) and old city reconstruction (including houses and public welfare undertakings), the compensation and resettlement standards shall be implemented with reference to these Measures.
Third urban construction needs to be demolished or resettled, and the construction unit shall be responsible for the compensation and resettlement of the relocated households; People who have been demolished must obey the needs of national construction and old city reconstruction, and sign an agreement with the construction unit in accordance with the provisions of these measures to move within a time limit. No unit or individual may illegally ask for additional compensation to hinder or obstruct the demolition work. Due to the economic losses caused by the demolition, the construction unit and the demolition unit (individual) negotiated a reasonable solution.
In the demolition of surveying markers, roads, bridges, pipelines, civil air defense fortifications, green gardens and other municipal engineering facilities, it is really necessary to move, should be reported to the relevant departments for approval, according to the original structural standards for relocation or reconstruction, the cost is borne by the construction unit, and the lower departments require to change the structure to improve the standards, and the increased investment will be solved by itself.
Article 4 Within the scope of demolition, all illegal buildings that should be demolished, regardless of units or individuals, must be unconditionally demolished within a time limit. Without compensation, if it is not removed within the time limit, it will be forcibly removed by the Second Brigade of the Municipal Public Security Bureau in conjunction with relevant departments.
Fifth demolition and reconstruction area, from the date of approval, by the construction unit and the demolition of consultation. Both the construction unit and the relocated households must go through the verification procedures of the demolished houses at the municipal real estate management department. No unit or individual other than the construction unit may build or expand houses and other facilities within the scope determined in the demolition and resettlement announcement, and may not buy or sell buildings in the area, transfer property rights or change their original uses; The police station shall stop the formalities of moving in and separating households; The administrative department for industry and commerce shall stop issuing business licenses; The departments in charge of the units to be demolished and the units, sub-district offices, public security departments, residents' committees and relevant departments of the households to be demolished shall support and assist the mobilization, demolition and resettlement of the people to be demolished.
Sixth old city reconstruction must be carried out in accordance with the overall urban planning of Zhanjiang City under the unified management and supervision of the old city reconstruction headquarters. City urban construction, power supply, water supply, posts and telecommunications, housing management, land, public security, justice and other departments closely cooperate, not only to ensure the smooth progress of the demolition work, but also to protect the legitimate rights and interests of the demolition people, and to ensure the implementation of these measures.
Chapter II Compensation and Resettlement for Private House Demolition
Seventh demolition of private houses within the scope of urban planning, the construction unit shall, in accordance with the "Interim Measures", give reasonable compensation and proper placement to the owners and relocated households; Owners and relocated households should obey the unified arrangement.
Private owners holding legal house ownership certificates can negotiate in one of the following ways:
(1) If the owner requests to keep the property right of the house, the construction unit shall compensate for the newly-built apartment building with reinforced concrete mixed structure, and the compensation area of the house shall be subject to the house ownership certificate.
1. Urban resettlement standard: (1) All single-storey bungalows are compensated according to the original construction area 1: 1.4; (2) Houses with two or more floors shall be compensated equally according to the original building area.
2. In addition to Dongju Bridge on the crossing road in Chikan District, 196 Hospital on Beiqiao Road, Shile on Cunjin Road, Guangzhan Road on Haibin Road, Nanfang Road Army Division, Chikan Sugar Factory, Lutang Road, South Railway Station, Huguang Road Overpass and Haitou Market on Xiachi Road in xiashan district, the compensation area may be appropriately relaxed, but the maximum compensation area shall not exceed 20% of the urban resettlement area.
3. If the demolished private house has a commercial pavement at the bottom of the street, if it is verified that the household registration book, property right certificate and business license are consistent with the owner's name, the pavement compensation shall be made according to the measured area of the pavement and the ratio of 1: 0.7. The remaining 0.3 is compensated according to the residential compensation standard. If the construction plan allows, those who can be resettled nearby will be resettled nearby, and those who cannot be resettled nearby will be resettled nearby. The owner must take the overall situation into consideration and obey the unified arrangement. If pavement compensation is not needed, compensation shall be given according to the urban residential resettlement standards. Without the approval of the relevant departments, changing the nature of use, privately converting the house into a business pavement or subletting or transferring the house to units and others for business pavement. Demolition, according to the housing resettlement.
4. If the owner wants to return the property right of the house to be demolished, and the original house is rented, he should continue to maintain the lease relationship with the original lessee, and re-sign the contract in accordance with the Regulations on the Administration of Urban Private Houses promulgated by the State Council to clarify the rights and obligations of both parties.
(2) If the owner does not request to keep the property right of the house, the construction unit shall calculate the compensation area payable to the owner according to the compensation standard in Item 1 or Item (2) of Paragraph (1) of this article, and pay it to the owner in one lump sum with reference to the corresponding price of the commercial house with the same area that the owner should place.
Article 8 The demolition of houses owned by overseas Chinese, compatriots from Hong Kong, Macao and Taiwan, and overseas Chinese with legal property rights shall be carried out in accordance with the document of Guangdong Government [1987]2 1.
Article 9. In accordance with the provisions of Article 7 or Article 8 of these Measures, if the construction area of the newly-built apartment is more than or less than the compensation area, the following measures shall be taken to solve the problem.
(a) beyond the area, by private owners to the construction unit to buy, where the purchase area is less than 10 square meters, by the construction unit according to the cost of resettlement building suites sold to the owners; If the purchase area is above 10 square meter, the excess part shall be sold to the owner by the construction unit at the current price of the corresponding commercial house, and the property right of the newly purchased house shall be owned by the owner.
(two) insufficient area, by the construction unit with reference to the current price of the corresponding commercial housing, a one-time payment to the owner.
Tenth of the private houses that have been registered in the urban area but have no legal property rights, according to the actual situation of the original house, take different treatment methods.
(a) the house is a private house that has not gone through the property right change, or a private house that has not gone through the legal house ownership certificate (non-illegal building). Before the demolition, the reporting housing management department shall verify the cadastral property right and housing area. If there is no objection after the report, the construction unit shall sign an agreement in accordance with the methods specified in Articles 7 and 9 of these Measures and go through the procedures for compensation for demolition.
(two) if the house is illegal construction, in principle, unconditional demolition, not to solve the relocation and resettlement. However, if there is no house demolition, the relocated households can buy houses from the construction unit and sell them to commercial housing at a 10% discount.
Demolition of illegal buildings will not be compensated. Demolition by itself, and the old materials are returned to the original owner; If the construction unit is responsible for the demolition, it will take the materials to the post.
Chapter III Compensation and Resettlement for Demolition of Public Housing
Article 11 Public houses that need to be demolished by housing management departments, organs, military units, schools, enterprises, institutions, people's organizations and other units in national construction shall be compensated according to the nature of the houses and divided into residential houses and non-residential houses.
(a) belongs to the residential housing, resettlement and compensation by the construction unit in the following ways:
1. Resettlement target: (1) Resettlement households have permanent residents with official accounts in this city; (2) the original permanent population of the resettlement account who moved out of the account due to military service, enrollment and other reasons; (3) one of the resettlement households works in the field (excluding agricultural population); (4) Living abroad, Hong Kong, Macao and Taiwan; (5) Families that have received the one-child certificate are counted as two children.
Non-resident host households and family members of resettlement households with other housing are not included in the resettlement object.
2. Resettlement conditions. The relocated households that meet the following conditions can be listed as resettlement households. (1) There are legal lease procedures; (2) The number and address indicated in the household registration book are consistent with the existing number and address; (3) There is no other housing.
3. Resettlement area. If the original housing construction area of each relocated household is less than 10 square meter, it shall be placed according to the construction area of 10 square meter; More than ten square meters, according to the original construction area of resettlement. According to the above resettlement, the house property rights of the relocated households belong to the demolished units.
4. After the compensation and resettlement of public houses is handled according to the above-mentioned 1 ~ 3, if the construction area of the corresponding resettlement apartment of resettlement households exceeds or is insufficient, if it is less than 10 square meter, it will be based on the cost of the resettlement apartment, and if it exceeds 10 square meter, the construction unit and the demolition unit will compensate each other according to the current price of the corresponding commercial housing.
(two) is a non residential housing, the construction unit built back to the original area, the structure of the house; Or equivalent to the original area, the structure of the housing funds needed by the demolition unit to compensate for the reconstruction. Demolition units need to expand the construction area or improve the building standards, should be handled in accordance with the basic construction procedures, increase the funds and building materials by the demolition unit.
(three) the demolition of public housing which belongs to the state rent-free nature must be approved by the housing management department, and an agreement must be signed to clarify the ownership and use right of the newly built or compensated housing before the demolition.
Chapter IV Subsidies for Relocation and Resettlement
Twelfth temporary relocation of households due to national construction, in principle, by the residents themselves or their units to solve the temporary transitional housing. The construction unit shall issue relocation subsidies and temporary housing subsidies to the relocated households.
(a) moving subsidies regardless of the population, each household subsidies 200 yuan, a one-time payment by the construction unit to the relocated households.
(two) temporary housing subsidies by small (one to two people), medium (three to five people), large (more than six people) were three hundred yuan, four hundred yuan, five hundred yuan. If the house has not been settled for more than 20 months since the last household moved out, it will be supplemented by 50% according to the temporary housing subsidy standard. The relocated households solve their own temporary housing and send it to themselves; If the unit where the relocated household is located solves the temporary housing, it will be issued to the unit and paid by the construction unit in one lump sum.
(three) by the construction unit to solve the temporary housing relocation households, no temporary housing subsidies.
Chapter V Handling of Violation of these Measures
Thirteenth buildings that need to be demolished within the scope of demolition have been compensated, and the construction unit shall organize the demolition, and no unit or household may demolish themselves. Unauthorized demolition, if the circumstances are serious, in addition to recovering the demolished materials, the public security organs shall punish the personnel involved in the accident in accordance with the regulations on administrative penalties for public security.
Article 14 Anyone who raises the compensation standard for demolition or practices fraud in compensation and resettlement without authorization, once found, shall be criticized and educated by the competent department according to the seriousness of the case, and even given disciplinary sanctions.
Article 15 In the process of house demolition due to national construction, in case of any dispute between the construction unit and the unit or individual to be demolished, either party may apply to the municipal housing arbitration institution (the arbitration institution is located in Zhanjiang Real Estate Administration Bureau) for arbitration, and the arbitration institution shall make a ruling within one month. If both parties or one party refuses to accept the decision, they may bring a lawsuit to the people's court within 15 days from the date of receiving the notice of award. If neither prosecution nor performance is made at the expiration of the time limit, the arbitration institution or the party concerned shall apply to the people's court for compulsory execution.
Sixteenth in the process of demolition, inciting others to make trouble, obstructing reconstruction, extortion, bribery, which constitutes a crime and needs to be investigated for criminal responsibility, shall be dealt with by judicial organs according to law; If the circumstances are minor and do not constitute a crime, the relevant authorities shall deal with them or give them economic sanctions or administrative sanctions in accordance with the regulations on administrative penalties for public security.
Chapter VI Supplementary Provisions
Seventeenth whoever obeys the needs of national construction, actively demolition, relocation in advance within the time specified by the construction unit, shall be commended and rewarded, and twenty yuan shall be awarded every day in advance, with cumulative rewards.
Eighteenth the provisions shall come into force as of the date of promulgation. In the past, the relevant provisions of this Municipality were inconsistent with these Measures, and these Measures shall prevail.
Nineteenth approach by the old city reconstruction headquarters office is responsible for the interpretation of.
Zhanjiang municipal government
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