Thirteenth demolition of houses on the homestead, monetary compensation or housing placement can be implemented, and areas where conditions permit can also examine and approve the homestead separately.
Fourteenth demolition of houses on the homestead monetary compensation, the demolition should pay compensation to the demolition. Compensation is determined according to the replacement price of the demolished house and the location compensation price of the homestead. The evaluation rules for the replacement of houses with new prices and the calculation method for the compensation price of homestead location shall be formulated and published by the Municipal Bureau of Land and Housing Management.
In accordance with the provisions of the preceding paragraph, monetary compensation shall be given to the people who have been demolished, and housing placement shall not be carried out or the homestead shall be approved separately.
Article 15 Where the house on the house site is demolished and placed on state-owned land, the demolisher and the demolished shall determine the compensation for demolition in accordance with the provisions of the first paragraph of Article 14 of these Measures, and settle the difference with the market evaluation price of the house to be placed; However, in accordance with the provisions of the Municipal People's Government, except those who have affordable housing.
Rural collective economic organizations or villagers' committees, as residents, carry out demolition and resettlement for residents with houses within the scope of collective construction land. After discussion and approval by the villagers' meeting or the villagers' representative meeting, resettlement can be carried out according to the construction area of the house to be demolished or combined with the family population of the residents to be demolished.
Other residents who entrust rural collective economic organizations or villagers' committees with resettlement may refer to the provisions of the second paragraph of this article.
Sixteenth rural collective economic organizations or villagers' committees to build resettlement houses on collective land shall conform to the urban planning, the overall land use planning and the annual plan, and obtain land use and planning permission according to law.
Seventeenth rural collective economic organizations or villagers' committees, as residents, can demolish houses on the homestead. Conditional, can be in accordance with the provisions of land management laws, regulations and rules, the demolition of houses built on the homestead shall be separately examined and approved, and the demolition of houses shall be compensated according to the replacement price.
Other residents who entrust rural collective economic organizations or villagers' committees with resettlement may refer to the provisions of the preceding paragraph.
Eighteenth demolition compensation to determine the homestead area should be approved according to law, and does not exceed the control standards. Homestead without legal approval shall not be recognized.
The part of the homestead approved according to law that exceeds the control standard shall not be compensated; However, if the homestead legally approved before 1982 exceeds the control standard, appropriate compensation may be given in accordance with the provisions of the district and county people's governments.
The control standard of the homestead area of each household shall be implemented in accordance with the standards determined by the district and county people's governments according to Article 6 of the Provisions of the Beijing Municipal People's Government on Strengthening the Management of Rural Villagers' Housing Land.
Nineteenth demolition compensation in the homestead to determine the housing construction area, with the housing ownership certificate marked area shall prevail; Without obtaining the ownership certificate of the house, but with the construction documents approved by the planning administrative department, it shall be determined according to the approved construction area.
Before the implementation of these measures, the houses that have been built on the homestead have not obtained the house ownership certificate and the approval documents of the planning administrative department, but if they are really occupied by residents for a long time, they shall be given appropriate compensation. Belonging to the land acquisition and demolition of houses, the compensation standard shall be determined by the township (ethnic township) and the town people's government according to the local actual situation, and shall be implemented after being reported to the district or county people's government for approval; Belonging to house demolition, the compensation standard shall be determined by the rural collective economic organizations or villagers' committees, and shall be implemented after being reported to the township (ethnic township) and the town people's government for approval.
After the implementation of these measures, the newly built, rebuilt and expanded houses on the homestead will not be recognized when they are demolished without obtaining the certificate of ownership of the houses or the approval documents of the planning administrative department.
Twentieth rural villagers meet the conditions for the examination and approval of homestead, but they have not actually obtained homestead, and it is indeed difficult to resettle according to the implementation plan of demolition. The person to be demolished shall give appropriate subsidies in accordance with the provisions of the district and county people's governments. However, unless the demolition implementation plan determines to compensate and resettle the homestead by means of separate examination and approval.
Twenty-first compensation for the demolition of houses outside the homestead shall be implemented with reference to the relevant provisions of land acquisition and demolition.
Twenty-second of the use of their own houses in the homestead to engage in production and business activities and hold a business license, in addition to compensation and resettlement in accordance with the provisions of these measures, the demolition should also be appropriate compensation for economic losses caused by the suspension of production and business. Among them, the compensation standard for economic losses of land acquisition and demolition shall be stipulated by the district and county people's governments; The compensation standard for economic losses of houses occupied by demolition shall be stipulated by the people's governments of townships (ethnic townships) and towns, and reported to the people's governments of districts and counties for the record.
Twenty-third demolition should be taken to pay relocation subsidies. Relocation subsidies for land acquisition and demolition shall be stipulated by the district and county people's governments; The relocation subsidy for the demolition of houses occupied by residents shall be stipulated by the people's governments of townships (ethnic townships) and towns and reported to the people's governments of districts and counties for the record.
Twenty-fourth demolition of illegal buildings and temporary buildings exceeding the approved period shall not be compensated; The demolition of temporary buildings that have not exceeded the approved period shall be appropriately compensated according to the replacement price and the remaining period.
Chapter IV Legal Liability
Twenty-fifth in violation of the provisions of article seventh of these measures, without obtaining the permit for house demolition, the municipal or district/county land and housing authority shall order it to stop the demolition and impose a fine of more than 30000 yuan 10000 yuan.
Article 26 If the Municipal, District and County Bureau of Land and Housing Management, in violation of the provisions of these Measures, issues the house demolition permit and other approval documents, fails to perform the duties of supervision and management after issuing the house demolition permit and other approval documents, or fails to investigate and deal with the illegal acts, the directly responsible 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.