1, demolition and housing time is not directly related.
2, demolition is not to see the age of the house, to see the municipal planning, the government to plan to demolition, not planning, then the age of the house will not be demolished.
3, purely residential is 70 years of use, office buildings and stores is 50 years of use, but the demolition of the planning to see.
4, the quality of the house will be demolished immediately, or planning land to be demolished, some 70 years of the house is not demolished.
Demolition
Demolition is to be approved by the urban planning, land management organs, the original land legal users and housing legal users and housing legal users to relocate to other places to resettle, and demolition and clean up the original building or other obstacles to the implementation of the project on the ground, to create conditions for the construction of new construction projects.
Chinese name
Demolition and relocation
Foreign name
remove
Definition
"Demolition", refers to the demolition of the original buildings on the land or other objects that must be demolished; "relocation ", refers to the temporary or permanent relocation of the original land user. House demolition and relocation refers to the legal act of obtaining a demolition and relocation permit to demolish the houses and appurtenances within the scope of the construction land according to the requirements of the urban construction planning and the land use documents approved by the government, to resettle the units and residents within the scope of the construction land and to compensate them for the losses they have suffered.
Procedure
Demolished and relocated people, in addition to the housing compensation fee due to: moving compensation; equipment relocation fee; temporary resettlement subsidies during the excessive period.
The parties involved in the demolition and relocation of the two sides failed to negotiate, not reach an agreement on demolition and relocation, can be applied for by the parties involved, by the demolished house location of the district (county) Bureau of Housing and Land adjudication
Reporting, complaint box, supervision and telephone supervision by the District Supervisory Committee of the person in charge. Report the scope of complaints:
1, the relocation of the base of the content of publicity, policies and regulations to implement;
2, the base of the "move according to law, civilized relocation, compassionate relocation," the implementation of the situation;
3, the base of the implementation of the work of the integrity of the work;
4, the base of the implementation of the work discipline of the personnel;
4, the base of the work of the discipline of the people. The implementation of work discipline;
5, special, unexpected relocation of the handling of the situation of dissatisfaction with the contradiction
District Supervision Committee, District Political and Legal Committee, District Construction Committee, District Letters and Visits Office, District Housing and Land Bureau, streets and other departments, responsible for the implementation of the whole process of supervision of the demolition of the unit, as well as demolition and relocation of the process of coordination of major issues, responsible for the resolution of the contradictions arising from the demolition of the relocation. [1]
Compensation
A variety of compensation paid by the demolition unit to the owner or user of the demolished house in accordance with prescribed standards. Generally, there are: (1) housing compensation fee, used to compensate for the loss of the owner of the demolished house, to the structure of the demolished house and the degree of depreciation of the classification, calculated by square meter unit price. (2) Turnover compensation fee, used to compensate for the inconvenience of the demolished house occupants' temporary living room or finding their own temporary accommodation, graded according to the temporary living conditions, and subsidized monthly according to the population of the demolished house occupants. (3) incentive compensation, used to encourage the demolished housing tenants to actively assist in the demolition of housing or voluntarily give up some of the rights such as voluntarily move to the suburbs or do not require the demolition unit to resettle the housing, housing demolition and relocation of various standards of compensation by the local people's government in accordance with the actual situation in the local area and the relevant national laws and policies to be determined by the demolition unit must be strictly enforced and shall not be arbitrarily altered.
Agreements
The agreement on compensation and resettlement for house demolition is an agreement between the demolisher and the demolished person and the tenant of the house for the purpose of clarifying the relationship of rights and obligations in the compensation and resettlement of house demolition and resettlement, and is a contract for agreeing on the civil rights and obligations between the parties to the demolition and resettlement, which is applicable to the "General Principles of the Civil Law" and the "Contract Law".
Housing demolition compensation and resettlement agreement has the following characteristics:
(1) housing demolition compensation and resettlement agreement is the legal behavior of the two sides of the housing demolition.
(2) The legal status between the parties to the house demolition and relocation is equal.
(3) The agreement must be a legal act of both parties to the house demolition and relocation.
(4) The agreement on compensation and resettlement for house demolition and relocation is a document with legal effect.
(5) housing demolition compensation and resettlement agreement is a kind of double pay agreement, the parties to the agreement based on the agreement to enjoy certain rights, and at the same time to bear the corresponding obligations.
(6) housing demolition and resettlement agreement must be in writing.
The main contents of the housing demolition compensation and resettlement agreement are:
(1) the demolition and relocation compensation, monetary compensation amount and its payment period;
(2) resettlement of housing area, standard and location;
(3) property rights exchange of housing price difference payment and period;
(4) relocation period, relocation of the transition mode and transition period;
(5) the standard of granting and payment of relocation subsidy and temporary resettlement subsidy or loss of business suspension;
(6) the liability for breach of contract and the way of dispute settlement;
(7) other terms agreed by the parties.
Freeze
Demolition freeze is the decision to demolish, but before demolition of the demolition area of the property needs to be assessed in order to give the owners of the appropriate compensation or resettlement program, within the period of the so-called freezing is the freezing period is prohibited to change the size of the property holders as well as belonging to the property, prohibit the population to sneak into the property is located in the household, the demolition of the freezing period of time is not equal! The first thing you need to do is to get your hands on some of the most popular products and services in the world, and then you can get your hands on some of the most popular products and services in the world, and then you can get your hands on some of the most popular ones.
Regulations
Has been suspended on October 1, 2007, the relevant laws temporarily refer to the People's Republic of China *** and the State Urban Real Estate Administration Law, the People's Republic of China *** and the State Property Law.
(Adopted at the 40th executive meeting of the State Council on June 6, 2001, promulgated by Decree No. 305 of the State Council on June 13, 2001, and came into force on November 1, 2001) People's Republic of China *** and the State Council Decree No. 305 "urban housing demolition and relocation regulations" has been June 6, 2001, the State Council adopted at its 40th executive meeting, is hereby promulgated, since November 1, 2001 shall come into force.
Chapter I General
Article 1 In order to strengthen the management of urban housing demolition and relocation, safeguard the legitimate rights and interests of the parties involved in the demolition and relocation, to ensure the smooth progress of the construction project, the formulation of these regulations.
The second in the urban planning area on state-owned land to implement housing demolition and relocation, and the need for compensation and resettlement of the demolished people, the application of these regulations.
The third urban housing demolition and relocation must be consistent with urban planning, conducive to the transformation of old urban areas and ecological environment improvement, and the protection of cultural relics and monuments.
Article 4 the demolition and relocation of people shall, in accordance with the provisions of these regulations, the demolition and relocation of compensation, resettlement; the demolition and relocation of people shall be completed within the relocation period. The demolition and relocation referred to in these regulations, refers to the unit that obtains the housing demolition and relocation license. The term demolished and relocated person referred to in these Regulations means the owner of the house to be demolished and relocated.
Article 5 of the state council department in charge of construction administration of the national urban housing demolition and relocation supervision and management. The departments of local people's governments at or above the county level responsible for managing the work of house demolition and relocation (hereinafter referred to as the management departments of house demolition and relocation) shall supervise and manage the work of urban house demolition and relocation in their administrative areas. The relevant departments of the local people's governments at or above the county level shall, in accordance with the provisions of these Regulations, cooperate with each other to ensure the smooth progress of the work of housing demolition and relocation management. The land administration department of the people's government at or above the county level shall, in accordance with the provisions of the relevant laws and administrative regulations, be responsible for the land management work relating to the demolition and relocation of urban housing.
Chapter II demolition and relocation management
Article 6 of the demolition and relocation of housing units to obtain housing demolition and relocation license before the implementation of demolition and relocation.
Article 7 of the application for a housing demolition and relocation permit shall be submitted to the housing demolition and relocation management department of the people's government of the city or county where the house is located, the following information:
(1) construction project approval documents;
(2) construction land use planning permit;
(3) approval of the right of use of state-owned land;
(4) demolition and relocation plans and Demolition and relocation program;
(v) Proof of funds for compensation and resettlement for demolition and relocation issued by the financial institution handling the deposit business. The housing demolition and relocation management department of the municipal or county people's government shall, within 30 days from the date of receipt of the application, examine the application; upon examination, if the conditions are met, issue a housing demolition and relocation license.
Article 8 of the housing demolition and relocation management department in the issuance of housing demolition and relocation license at the same time, the housing demolition and relocation license contained in the demolition and relocation of the demolition, demolition and relocation of the scope of demolition and relocation of the demolition and relocation of the period of time and other matters, in the form of housing demolition and relocation of the announcement shall be published. Housing demolition and relocation management department and the demolition shall be timely to the demolished and relocated people to do a good job of publicizing and explaining the work.
Article 9 of the demolition and relocation shall be in the house demolition and relocation license to determine the scope of demolition and relocation of demolition and relocation period, the implementation of house demolition and relocation. Need to extend the demolition period, the demolition shall be in the demolition of 15 days before the expiration of the period, to the housing demolition management department to apply for an extension of the demolition; housing demolition and relocation of the management department shall be received from the date of application for an extension of the demolition of 10 days to give a reply.
Article 10 the demolition and relocation of the person may demolish and relocate on their own, or may entrust the demolition and relocation of units with demolition and relocation qualifications to implement the demolition and relocation. Housing demolition and relocation management department shall not act as a demolition and relocation, shall not accept the demolition and relocation entrusted.
Article 11 of the demolition commissioned by the demolition, shall be entrusted to the demolition unit issued a power of attorney, and enter into a demolition commission contract. Demolition shall, within 15 days from the date of conclusion of the demolition entrusted contract, the demolition entrusted contract will be reported to the housing demolition management department for the record. The entrusted demolition unit shall not transfer the demolition business.
Article 12 of the scope of demolition and relocation is determined, the demolition and relocation of units and individuals within the scope of the following activities shall not be carried out:
(1) new construction, expansion, alteration of housing;
(2) change the use of housing and land;
(3) leasing housing. Housing demolition and relocation management department shall be on the matters listed in the preceding paragraph, written notice to the relevant departments to suspend the relevant procedures. Suspension of the written notice shall contain the suspension period. Suspension period shall not exceed a maximum of 1 year; demolition of people need to extend the suspension period must be approved by the housing demolition and relocation management department, the extension of the suspension period shall not exceed 1 year.
Article 13 of the demolition and relocation of the demolition and relocation of people shall, in accordance with the provisions of these regulations, on the compensation and compensation amount, resettlement area and resettlement place, relocation period, relocation and transition mode and transitional period, and other matters, enter into an agreement on compensation and resettlement of demolition and relocation. Demolition of leased housing, the demolition shall be demolished with the demolished person, the housing tenant to enter into demolition compensation and resettlement agreement.
Article 14 of the housing demolition management department in charge of housing needs to be demolished, demolition compensation and resettlement agreement must be notarized by a notary public, and for evidence preservation.
Article 15 after the conclusion of the agreement on compensation and resettlement for demolition and relocation, the demolished person or housing tenant refuses to move within the relocation period, the demolition and relocation of the person can apply to the arbitration committee for arbitration according to law, can also be sued to the people's court according to law. During the litigation, the demolition and relocation of the people may apply to the people's court for prior execution in accordance with law.
Article 16 of the demolition and relocation of the demolition or the demolition, the demolition and relocation of the demolition and relocation of the tenant of the house does not reach an agreement on the compensation and resettlement of the demolition and relocation of the application of the parties concerned, the housing demolition and relocation of the management of the department ruled. If the housing demolition and relocation management department is the person to be demolished and relocated, the people's government at the same level shall adjudicate. The ruling shall be made within 30 days from the date of receipt of the application. If the party concerned is not satisfied with the ruling, it may file a lawsuit with the People's Court within 3 months from the date of delivery of the ruling. Where the demolisher has given monetary compensation to the demolished person or provided demolished and relocated housing or swing space in accordance with the provisions of these Regulations, the execution of the demolition and relocation shall not be stopped during the period of litigation.
Article XVII of the demolished person or housing tenant in the ruling of the relocation period is not relocated, by the people's government of the city or county where the house is instructed to the relevant departments of compulsory demolition, or by the housing demolition and relocation of the management department according to law to apply to the people's court for compulsory demolition and relocation. Before the implementation of compulsory demolition, the demolition shall be demolished on matters relating to the demolished house, to the notary public for evidence preservation.
Article 18 of the demolition involves military facilities, churches, temples, cultural relics and monuments, as well as the houses of foreign embassies (consulates) in China, in accordance with the provisions of relevant laws and regulations.
Eight Five-Year Plan
Article 19 has not yet completed the demolition of compensation and resettlement of construction projects transferred, should be agreed by the housing demolition and relocation management department, the original demolition of compensation and resettlement of the relevant rights and obligations of the agreement and then transferred to the transferee. The transferor and transferee of the project shall notify the demolished and relocated person in writing, and shall be announced within 30 days from the date of signing the transfer contract.
Article 20 of the demolition and relocation of housing demolition and relocation of compensation and resettlement funds shall be used for housing demolition and relocation of compensation and resettlement, shall not be diverted for other purposes. The local people's government at or above the county level housing demolition and relocation management department shall strengthen the supervision of the use of funds for compensation and resettlement of demolition and relocation.
Article 21 of the housing demolition and relocation management department shall establish and improve the demolition and relocation file management system, and strengthen the management of demolition and relocation file information.
Chapter III compensation for demolition and resettlement
Article 22 of the demolition shall be in accordance with the provisions of these regulations, the demolition of people to be compensated. Demolition of unauthorized buildings and temporary buildings exceeding the approved period shall not be compensated; demolition of temporary buildings not exceeding the approved period shall be appropriately compensated.
Article 23 of the demolition and relocation compensation can be implemented in the form of monetary compensation, can also be implemented in the exchange of housing property rights. In addition to the second paragraph of Article 25 and the second paragraph of Article 27 of these regulations, the demolished person may choose the way of compensation for demolition.
Article 24 the amount of monetary compensation, according to the demolished house location, use, construction area and other factors, to the real estate market appraisal price. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 25 of the implementation of housing property rights exchange, the demolition of the demolition and the demolished shall, in accordance with the provisions of article 24 of these regulations, calculate the amount of compensation for the demolished house and the price of the house exchanged to settle the difference in the exchange of property rights. Demolition of non-public welfare housing appurtenances, not for property rights exchange, by the demolition of monetary compensation.
Article 26 of the demolition of public welfare housing, the demolition shall be rebuilt in accordance with relevant laws and regulations and urban planning requirements, or monetary compensation.
Article 27 of the demolition of leased housing, the demolished and the tenant of the house to terminate the lease, or the demolished and the tenant of the house for resettlement, the demolition of the demolition of the demolition of the person to be compensated. If no agreement is reached between the evicted and the lessee on the termination of the lease, the evictor shall exchange the property rights of the evicted for the house. The property right exchange of housing by the original housing tenant, the demolished and relocated shall re-enter the housing lease contract with the original housing tenant.
Article 28 of the demolition shall be provided in accordance with national quality and safety standards of housing, for the demolition and resettlement.
Article 29 of the demolition of unclear property rights, the demolition of housing, the demolition shall put forward compensation and resettlement program, reported to the housing demolition management department to implement the demolition after examination and approval. Before the demolition, the demolition shall be demolished and relocated to the notary public for the preservation of evidence on matters relating to the demolished and relocated houses.
Article 30 of the demolition of houses with mortgages, in accordance with national laws on security.
Article 31 of the demolition and relocation shall be demolished and relocated or housing tenant to pay relocation subsidies. In the transition period, the demolished person or housing tenant to arrange their own accommodation, the demolition shall pay the temporary relocation subsidy; the demolished person or housing tenant to use the demolition of the swing space provided by the demolition, the demolition shall not pay the temporary relocation subsidy. The standards for the relocation subsidy and the temporary resettlement subsidy shall be prescribed by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
Article 32 the demolition and relocation of people shall not extend the transition period without authorization, the use of swing space shall be vacated on time swing space. Because of the responsibility of the demolition and relocation of the extension of the transition period, the demolished person or the tenant of the house to arrange for their own accommodation, shall increase the temporary resettlement subsidy from the month of the overdue; the user of the swing space, shall pay the temporary resettlement subsidy from the month of the overdue.
Article 33 If the demolition and relocation of non-residential housing results in the cessation of production or business, the demolition and relocation agent shall give appropriate compensation.
Chapter IV Penalties
Article 34 in violation of the provisions of these regulations, without obtaining a permit for house demolition and relocation, unauthorized demolition and relocation, the house demolition and relocation management department ordered to stop the demolition and relocation of the warning, and has been demolished and relocated the house floor area of each square meter of a fine of more than 20 yuan and less than 50 yuan.
Article 35 of the demolition and relocation of people in violation of the provisions of these regulations, by deception to obtain a housing demolition and relocation permit, the housing demolition and relocation of the management department shall revoke the housing demolition and relocation permit, and impose demolition and relocation of compensation and resettlement of funds of more than 1% to less than 3% of the fine.
(ii) entrusted not qualified units to carry out demolition and relocation;
(iii) unauthorized extension of the demolition and relocation period.
Article 37 of the commissioned demolition and relocation units in violation of the provisions of these Regulations, the transfer of demolition and relocation business, the housing demolition and relocation management department shall order rectification, confiscate the illegal income, and impose a contract agreed upon demolition and relocation service fee of 25% to 50% of the following fine.
Article 38 of the local people's government at or above the county level housing demolition and relocation management department in violation of the provisions of these regulations issued housing demolition and relocation permits and other approval documents, issued housing demolition and relocation permits and other approval documents, do not perform the supervision and management duties, or not investigate and deal with violations, the directly responsible officer in charge of other directly responsible personnel shall be given administrative sanctions according to the law; the circumstances are serious
Chapter V Supplementary Provisions
Article 39 In the urban planning area on foreign-owned land to implement housing demolition and relocation, and the need for compensation and resettlement of the demolished and relocated people, with reference to the implementation of these Regulations.
Article 40 of these regulations shall come into force on November 1, 2001. March 22, 1991 the State Council announced the "urban housing demolition and relocation regulations" shall be repealed at the same time.