Legal analysis: 1. According to the provisions of Article 55 of the Regulations on the Administration of Urban House Demolition, this charging standard is formulated. 2. Type and standard of expenses: (1) house demolition management fee. 65,438+0. Charging standard: per square meter 1 yuan of the house to be demolished; 2, charging unit: by the district, city and county housing demolition departments in the issuance of housing demolition permits, charged to the demolition; 3. The competent department of house demolition shall perform its statutory duties in accordance with the Regulations on the Administration of Urban House Demolition (hereinafter referred to as the Regulations), and shall not charge additional fees (including various licenses, forms, announcements and other labor costs). (2) Service fee for entrusted agency demolition 1. Charging standard: the construction area of the demolished house shall not exceed 25 yuan per square meter; 2. Charging unit: the demolition unit that has obtained the qualification certificate of house demolition collects fees from the entrusted demolition person; 3. The service fee standard for entrusted demolition is the highest price limit, and the demolition person and the demolition unit can agree on the specific charging standard within this range; 4. The specific contents of the entrusted demolition and other rights and obligations of the demolition and relocation units shall be clarified by signing the entrusted demolition contract. However, the agency demolition should include investigating the demolished houses (including attachments) and their owners and users, drawing up the demolition compensation and resettlement plan, mobilizing the demolition people, drafting or signing the demolition compensation and resettlement agreement on behalf of the agency, and organizing the implementation. (three) housing appraisal fees, the implementation of asset appraisal fees. (4) The urban housing appraisal standard shall be implemented according to Annex 1. (5) The advanced collective building installation project shall be compensated for house removal, and the comprehensive housing cost and commodity price (benchmark price) shall be implemented according to the standards listed in Annex 2. (six) relocation allowance, temporary resettlement allowance, relocation allowance, economic loss allowance and early relocation and expansion fee shall be implemented according to the standards listed in Annex III. Among them, resettlement subsidies and relocation subsidies are paid once for fixed resettlement and twice for temporary transition. (seven) if the house decoration cannot be dismantled by itself, the professional institutions with real estate price assessment qualifications in the city, district, city and county will combine the reset human body into a new one, and the demolition person will compensate the owner of the house decoration. (8) Telephone relocation fee: the relocated person shall pay full compensation according to the relocation fee standard stipulated by the telecommunications department, with fixed resettlement paid once and temporary transition paid twice. (nine) the total water and electricity meter installed separately by the demolition, and removed by itself, the demolition shall give full compensation at one time according to the charging standard stipulated by the water supply and power supply department. (ten) the original natural gas, closed-circuit television and other facilities were removed, and the installation was resumed by the demolition person, without additional charges. No compensation will be given during the demolition. Items (4), (5) and (6) of this article can be implemented within 20% in Yuzhong District, Jiangbei District, Nan 'an District, Shapingba District, Jiulongpo District, dadukou district and Beibei District, and within 30% in other districts, cities and counties. The specific implementation standards shall be formulated by the people's governments of all districts, cities and counties in combination with the actual situation in the region, and sent to the Municipal Finance Bureau, the Municipal Price Bureau and the Municipal Housing Authority for the record. Three, administrative fees units must apply for the "administrative fees permit", the implementation of rental fees, accept the supervision of the financial, price and audit departments. Four, the charging standards need to be adjusted, by the municipal housing demolition department in conjunction with the municipal price, the financial sector put forward adjustment opinions, announced after the approval of the Municipal People's government. Five, this fee standard since the implementation of the new standard month, residential moving subsidies and temporary resettlement fees according to the new standard; Non-residential relocation subsidies are implemented according to the new standards; The economic loss subsidy shall be reissued according to the difference between the new standard fee and the subsidy already paid, divided by the transition period (month) and multiplied by the remaining transition period (month).
Legal basis: Regulations on Expropriation and Compensation of Houses on State-owned Land Article 8 In order to safeguard national security, promote national economic and social development and other public interests, if it is really necessary to expropriate houses under any of the following circumstances, the municipal or county people's government shall make a decision on house expropriation:
(a) the needs of national defense and diplomacy;
(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;
(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;
(four) the needs of the construction of affordable housing projects organized and implemented by the government;
(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;
(six) the needs of other public interests as prescribed by laws and administrative regulations.