Chapter I 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 construction projects, these Measures are formulated in accordance with the Regulations of the State Council Municipality on the Administration of Urban House Demolition and in combination with the actual situation of this Municipality.
Article 2 These Measures shall apply to the house demolition on the state-owned land in the urban planning area within the administrative area of this Municipality, and it is necessary to compensate and resettle the people who have been demolished.
Article 3 Urban house demolition must conform to urban planning, which is conducive to the transformation of old areas and the improvement of ecological environment, and the protection of cultural relics and historic sites.
Fourth urban housing demolition must follow the principles of justice, fairness and openness. Demolition should be in accordance with the provisions of these measures, compensation and resettlement for the demolition; The demolished person and the lessee shall complete the relocation within the prescribed time limit.
The term "demolition" as mentioned in these Measures refers to the unit that has obtained the permit for house demolition.
The term "demolition" as mentioned in these Measures refers to the owner of the house to be demolished.
The term "lessee" as mentioned in these Measures refers to the unit or individual that has a legal lease relationship with the person being demolished.
Article 5 Shenyang Real Estate Bureau is the administrative department in charge of urban house demolition in this Municipality, and it supervises and manages the work of urban house demolition in this Municipality. City housing demolition management office is responsible for the daily work of city housing demolition management.
County (city) people's government urban housing demolition management department, the implementation of supervision and management of urban housing demolition work within their respective administrative areas.
All relevant departments shall, in accordance with the provisions of these measures, cooperate with each other to ensure the smooth progress of the management of house demolition.
City, county (city) people's government land management departments in accordance with the provisions of relevant laws and administrative regulations, responsible for land management related to urban housing demolition.
Chapter II Demolition Management
Sixth city housing demolition permit system. Units that demolish houses can only implement house demolition after obtaining the permit for house demolition.
Article 7 To apply for a house demolition permit, the following materials shall be submitted to the administrative department of house demolition in the city where the house is located:
(a) the approval document of the construction project;
(two) the construction land planning permit;
(three) the approval document of the right to use state-owned land;
(four) the demolition plan and demolition plan;
(five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business.
Urban housing demolition management department shall conduct a review within 05 days from the date of accepting the application; Eligible, issued a permit for house demolition.
Eighth city housing demolition management department in the issuance of housing demolition permits at the same time, it should be stated in the housing demolition permit demolition, demolition scope, demolition period and other matters, to be published in the form of housing demolition notice.
City housing demolition management departments and residents should be taken in a timely manner to the demolition, housing tenant to do a good job of publicity and explanation.
Ninth people should be taken in the housing demolition permit to determine the scope and duration of the implementation of housing demolition.
The demolition period is determined by the urban housing demolition management department according to the demolition scale and the nature of the demolition project. The demolition period of municipal infrastructure construction projects shall not exceed 1 month, and the demolition period of other construction projects shall not exceed 3 months.
The demolition period is calculated from the15th day from the date of the demolition announcement.
Demolition needs to extend the demolition period, it should be within 5 days before the expiration of the demolition period to the urban housing demolition management department to apply for extension of demolition, and the urban housing demolition management department should give a reply within 7 days from the date of receiving the application for extension of demolition.
The extension of the demolition period shall be announced by the urban housing demolition management department.
Tenth during the demolition, the demolition should ensure the original water supply, power supply, gas supply and other basic living conditions of the demolition and relocation of the lessee.
Eleventh people who do not live in the scope of demolition, their agents and housing users shall notify the demolition of housing demolition compensation and resettlement procedures; Vacant housing, the demolition notice to be taken.
If the demolition period expires for the first time and it is still impossible to inform the demolition, the demolition should make a survey record of the demolished house, go to the notary office for evidence preservation, and put forward a compensation and resettlement plan. After the approval of the urban housing demolition management department, the demolition can be carried out first.
Twelfth people can take their own demolition, demolition can also be entrusted to obtain the qualification certificate of housing units.
Urban housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
Thirteenth demolition entrusted demolition, it shall issue a power of attorney to the entrusting unit, and sign a demolition contract. The demolisher shall, within 05 days from the date of signing the entrustment contract for demolition, report the entrustment contract for demolition to the urban house demolition management department for the record.
The entrusted demolition unit shall not transfer the demolition business.
Fourteenth demolition should be in the demolition site publicity housing demolition permit, demolition notice, demolition compensation subsidy standards, demolition work flow, the names of the entrusted demolition, demolition units, evaluation agencies and on-site staff, and provide consulting services.
Fifteenth after the scope of construction land is determined, the units and individuals within the scope of construction land shall not carry out the following activities:
(1) Building, expanding and rebuilding houses;
(2) Changing the use of houses and land;
(3) renting a house.
Urban housing demolition management department shall, according to the application of the construction unit, notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension shall specify the suspension period. The longest suspension period shall not exceed 1 year; If the demolition needs to extend the suspension period, it must be approved by the urban housing demolition management department, and the extension of the suspension period shall not exceed 1 year.
Sixteenth demolition and demolition shall, in accordance with the provisions of these measures, negotiate on the compensation method, compensation amount, location and area of resettlement housing, relocation period, relocation transition mode and transition period, liability for breach of contract, etc. , the conclusion of housing demolition compensation and resettlement agreement.
Seventeenth demolition of rental residential housing, which belongs to one of the following circumstances, the demolition should be taken with the demolition, housing tenant were concluded demolition compensation and resettlement agreement:
(a) the demolition of public residential housing rent standards stipulated by the government, the demolition of people choose monetary compensation;
(two) the demolition of private residential housing rent standards stipulated by the government;
(three) the return of the demolition of residential houses that implement the national private saving policy.
Eighteenth demolition and demolition or demolition, demolition and housing tenant in the demolition period can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the municipal housing demolition management department ruling; Urban housing demolition management department is the demolition, led by the people's government at the same level.
The adjudication organ shall make a ruling within 30 days from the date of receiving the application.
Nineteenth demolition parties apply for an administrative ruling, the urban housing demolition management department shall organize the parties to mediate. If an agreement is reached through mediation, an award shall be issued; Can not reach an agreement, the city housing demolition management department shall make a written ruling.
Twentieth demolition party refuses to accept the ruling, can be served within 3 months from the date of the people's court where the house is located.
In accordance with the provisions of these measures, the demolition has given monetary compensation to the demolished person and the lessee or provided resettlement houses and revolving houses, and the implementation of demolition will not be stopped during the litigation.
Twenty-first after the signing of the demolition compensation and resettlement agreement, if the demolition person or lessee refuses to move within the relocation period, the demolition person may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law.
Article 22 If the demolished person or lessee fails to move within the relocation period stipulated in the ruling, the people's government of the city or county (city) where the house is located shall instruct the relevant departments to carry out administrative compulsory demolition, or the urban house demolition management department shall apply to the people's court for compulsory demolition according to law.
Before the implementation of compulsory demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Twenty-third before the implementation of administrative compulsory demolition, the housing demolition management department shall invite relevant management departments, representatives of the demolition parties and representatives with social credibility to hold a hearing on the basis, procedures and calculation basis of compensation and resettlement standards for compulsory demolition.
Twenty-fourth demolition ownership and use rights of disputed houses, the demolition should be put forward compensation and resettlement program, submitted to the municipal housing demolition management department for approval before the implementation of the demolition. Before the demolition, the demolition should be related to the demolition of houses, to the notary public for evidence preservation.
Twenty-fifth demolition involving military facilities, churches, temples, cultural relics and houses of foreign consulates in Shenyang shall be handled in accordance with the provisions of relevant laws and regulations.
Twenty-sixth has not yet completed the transfer of demolition compensation and resettlement of construction projects, shall be approved by the urban housing demolition management department, the original demolition compensation agreement related rights and obligations will be transferred to the assignee. The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, notify the demolished person and lessee in writing and make an announcement.
Twenty-seventh demolition, housing tenant, housing users without real estate registration to the public security, civil affairs, labor, education, health, postal services, telecommunications, electricity and other departments to apply for the relevant demolition procedures, the relevant departments should be handled.
Twenty-eighth primary and secondary school students involved in the demolition can study in the original school or the school where the household registration is located after the demolition. Schools shall not charge school selection fees or other fees on the grounds that students are not in the school district.
Twenty-ninth urban housing demolition management department shall sign a supervision agreement on the use of demolition compensation and resettlement funds with the demolition person and the financial institution that issues the deposit certificate of demolition compensation and resettlement funds. Demolition compensation and resettlement funds shall be deposited in a special account opened by the demolition person in a financial institution.
Urban housing demolition management department should strengthen the supervision of the use of demolition compensation and resettlement funds to ensure that all the demolition compensation and resettlement funds are used for housing demolition compensation and resettlement.
Thirtieth city housing demolition management department shall establish and improve the housing demolition archives management system, strengthen the management of housing demolition archives. Demolition and entrusted demolition units shall establish housing demolition archives in accordance with the provisions, and submit relevant information to the urban housing demolition management department.
Chapter III Compensation and Resettlement for Demolition
Thirty-first people should be taken in accordance with the provisions of these measures, to be taken to give compensation and resettlement.
Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; Demolition of temporary buildings that have not exceeded the approved period shall be compensated according to the replacement price and remaining service life of the building.
Thirty-second housing demolition compensation can be monetary compensation, but also the implementation of property rights exchange. Unless otherwise stipulated in these measures, the person being taken has the right to choose the compensation method.
If monetary compensation is implemented for house demolition, the amount of monetary compensation shall be determined according to the location, use, construction area and other factors of the house to be demolished, and according to the assessed price of the real estate market.
In the case of house demolition and property rights exchange, the demolisher and the demolished shall, in accordance with the provisions of these measures, calculate the monetary compensation amount of the demolished house and the price of the exchanged house, and settle the price difference of the property rights exchange.
Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition.
Thirty-third demolition of rental housing, the demolition and housing tenant to terminate the lease relationship, or the demolition of housing tenant resettlement, the demolition of compensation for the demolition; If the demolished person and the lessee cannot reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person, except for the circumstances stipulated in Article 40 of these Measures.
Thirty-fourth residential housing demolition monetary compensation, monetary compensation amount is calculated according to the following formula:
(a) monetary compensation for owner-occupied houses = building area of demolished houses × unit price of real estate market evaluation of demolished houses+subsidized area × unit price of real estate market evaluation of demolished houses × 40%.
(2) The monetary compensation amount of the lessee who implements the rent standard stipulated by the government = the construction area of the demolished house × the unit price of the demolished house real estate market assessment ×80%+ the subsidized area × the unit price of the demolished house real estate market assessment × 40%.
Article 35 If the unit price of the real estate market evaluation for the demolition of residential buildings is lower than the unit price of the compensation guarantee for the demolition of residential buildings stipulated by the government, the compensation amount shall be calculated according to the unit price of the compensation guarantee for the demolition of residential buildings stipulated by the government.
The unit price of compensation guarantee for house demolition stipulated by the government is determined according to the average transaction price of existing residential houses in the area where the house is demolished in the previous year, combined with the floor and orientation of the building.
Article 36 If monetary compensation is implemented for the demolition of self-occupied bungalows, and the assessed amount of the real estate market is not up to the compensation amount calculated according to the following formula, the demolition person shall make compensation according to the compensation amount calculated according to the following formula, except for the circumstances specified in Item 1 of Article 40 and Article 41 of these Measures.
Monetary compensation for owner-occupied houses = building area of demolished houses × unit price of compensation guarantee for bungalow demolition stipulated by the government+subsidized area × unit price of compensation guarantee for bungalow demolition stipulated by the government × 40%.
The unit price of compensation guarantee for bungalow demolition stipulated by the government shall be determined according to the average transaction price of the existing residential housing real estate market in the last year in the area where the house is located.
Article 37 If monetary compensation is implemented for the demolition of a bungalow with rent standard stipulated by the government, the lessee's monetary compensation amount = the construction area of the house to be demolished × the unit price of compensation guarantee for the demolition of a bungalow stipulated by the government ×80%+ the subsidized area × the unit price of compensation guarantee for the demolition of a bungalow stipulated by the government × 40%.
Thirty-eighth demolition of residential houses with a construction area of less than 45 square meters, the implementation of area subsidies, subsidy area = 45 square meters-the demolition of housing construction area.
Those who are demolished and the lessee of the house use the residential houses in the urban planning area of this Municipality for profit, and can only enjoy a housing area subsidy.
Thirty-ninth residential housing demolition area division, government regulations of residential housing demolition compensation guarantee unit price, by the municipal housing demolition management department regularly published.
The regional division of demolished residential houses is determined with reference to the regional division level of residential land level in our city and the average transaction price level of existing residential housing real estate market in the previous year.
The determination of the average transaction price of the stock residential real estate market in each region in the previous year is to divide the total transaction price of the stock residential property in the previous year by the total transaction area of the stock residential property in the previous year, and calculate the transaction unit price per square meter of the construction area.
Fortieth the demolition of private houses that meet the rent standards stipulated by the government and implement the private saving policy shall be returned and the original lease relationship shall be terminated.
Monetary compensation shall be given to the people who have been demolished according to the assessed price of the real estate market.
If the lessee of private residential houses implements the rent standards stipulated by the government, he shall be given monetary compensation in accordance with the standards stipulated in Articles 34 and 37 of these Measures; For the implementation of the private saving policy and the lessee's return of the residential house, monetary compensation shall be given according to the difference between the monetary compensation amount of the owner of the self-occupied house as stipulated in Article 34 and Article 36 of these measures and the purchase price that should be paid when the house is demolished according to the housing reform policy.
The lessee of non-residential houses shall be compensated according to 60% of the assessed price of the real estate market of the demolished houses.
Forty-first demolition of public housing rent standards set by the government, the demolition of people choose monetary compensation, the lease relationship between the two sides terminated, compensation in the following ways:
(a) the demolition of residential housing, the demolition should be in accordance with the demolition of housing reform policy at that time to calculate the amount of housing price; In accordance with the provisions of Article 34 and Article 36 of these Measures, the difference between the monetary compensation amount of the lessee's self-occupied house and the purchase price payable in accordance with the housing reform policy at the time of demolition shall be compensated.
(two) the demolition of non residential housing, the demolition of housing in accordance with the real estate market assessment price of 40% compensation; The lessee shall be compensated according to 60% of the assessed price of the demolished house real estate market.
Article 42 When demolishing some residential houses with property rights purchased in accordance with the housing reform policy, the purchaser shall make up the price difference of property rights in accordance with the housing reform policy at the time of demolition, and after obtaining full property rights, the demolisher shall give compensation and resettlement in accordance with the corresponding circumstances stipulated in Articles 34 and 36 of these Measures.
Forty-third residents should entrust a real estate appraisal agency with corresponding qualifications to evaluate the houses to be demolished, and the entrusted appraisal agency shall be determined by the parties involved in the demolition through consultation.
Forty-fourth demolition or demolition of the assessment report in doubt, you can consult the assessment agencies. The evaluation institution shall explain to it the basis, principles, procedures, parameter selection and process of the evaluation results.
Forty-fifth demolition parties have objections to the evaluation results, you can apply to the original evaluation agency for review and evaluation, you can also entrust a real estate evaluation agency for evaluation.
The evaluation institution shall give a reply within 5 days from the date of receiving the written application for review and evaluation. If the evaluation results change, an evaluation report shall be re-issued; If the evaluation results have not changed, a written notice shall be issued.
Article 46 If the demolition parties have any objection to the review results of the original evaluation agency or the results of other entrusted evaluations are different from the original evaluation results, and no consensus can be reached through consultation, they can make technical appraisal to the expert committee of real estate appraisal for house demolition, and the appraisal conclusion can be used as the basis for compensation for demolition.
The expert committee on real estate appraisal of house demolition is composed of senior full-time registered real estate appraisers and experts in real estate, urban planning and law, etc. It provides technical guidance for demolition appraisal and accepts technical appraisal of demolition appraisal.
Forty-seventh residential housing demolition, demolition should bear the following expenses:
(a) the demolition of housing users per household one-time moving subsidy 400 yuan.
(II) Where the users of the demolished houses implement property right exchange to solve the transitional housing by themselves, during the transitional period, each household shall pay a temporary transitional subsidy according to the standard of per square meter 12 yuan of the demolished houses, with a minimum of not less than 400 yuan and a maximum of not more than 600 yuan per month. If monetary compensation is implemented, a temporary transitional subsidy of 4 months shall be paid in one lump sum according to the above standards.
(three) the use of residential engaged in production and operation, according to the number of employees per person one-time demolition subsidies in 800 yuan.
(four) telephone, cable TV and other facilities need to be relocated, pay a one-time recovery compensation fee.
The subsidy standards stipulated in this article shall be adjusted by the municipal government in a timely manner according to market changes, and shall be published.
Forty-eighth demolition of non-residential housing monetary compensation, compensation in accordance with the real estate market assessment price, and the demolition of the following compensation costs:
(a) the equipment that can not be restored to use is combined into a new calculation compensation according to the replacement price;
(2) Freight transportation fee and equipment disassembly fee;
(three) to restore the original production scale of water supply, power supply, heating, gas supply, drainage, communications and other supporting facilities;
(four) in accordance with the provisions of the first paragraph of article forty-ninth of these measures to give 3 months of temporary resettlement subsidies.
Forty-ninth demolition of non-residential housing property rights exchange, in addition to compensation in accordance with the provisions of the first, second and third items of article forty-eighth, the demolition should also bear the following expenses:
(a) subsidies for employees of enterprises that have stopped production or business due to demolition. The standard is: demolish the commercial houses directly used for business, such as shopping malls, shops, retail outlets, doorways, etc., and give subsidies per square meter of 50 yuan per month according to the construction area of the demolished houses; Non-commercial houses such as public houses, warehouses, production workshops and garages. 25 yuan will be subsidized per square meter per month according to the construction area of the demolished houses; If the site is used for production and operation, it will be subsidized according to the monthly land area per square meter 10 yuan.
(2) Pay monetary compensation according to 20% of the total after-tax profit of the enterprise in the first two years.
Fiftieth house demolition, compensation and resettlement should be given according to the purpose of the house. The use of the house shall be subject to the record of the house ownership certificate; If there is no record, the real estate registration record shall prevail.
For houses that have been approved to change the design purpose of public residential houses and purchase full property rights in accordance with the housing reform policy, compensation and resettlement will be given according to non-residential houses.
Article 51 The building area of a house shall be subject to the records of the house ownership certificate or the house lease certificate. If there is no record or objection, the parties involved in the demolition may apply in writing to the real estate management department for verification within the demolition period. The construction area verified by the real estate management department shall prevail.
Fifty-second demolition of multi-storey bungalows with housing ownership certificate or housing lease certificate, there is a separate account corresponding to it. Houses with independent living conditions can be treated separately if they live independently according to their nature.
Fifty-third city housing demolition management department of housing demolition, demolition compensation and resettlement agreement must be notarized by a notary public, and save the evidence.
Fifty-fourth of the minimum income families and low-income families living within the scope of demolition without real estate registration, the demolition should give subsidies. Specific requirements, subsidy standards and operating procedures shall be formulated by the relevant departments of the Municipal People's Government.
Fifty-fifth demolition, housing tenants, housing users who meet the subsidy conditions and have not registered real estate property rights belong to the lowest-income families and low-income families, and can give priority to the purchase of government subsidized housing; The lowest-income families who cannot afford to buy government-subsidized housing can get housing rental subsidies or rent low-rent housing. The specific measures shall be formulated separately by the relevant departments of the municipal government.
Chapter IV Punishment
Fifty-sixth in violation of the provisions of these measures, without obtaining a permit for house demolition, unauthorized demolition, the municipal housing demolition management department shall order it to stop the demolition; The urban management administrative law enforcement department shall give a warning and impose a fine of more than 20 yuan and less than 50 yuan per square meter of the demolished construction area.
Fifty-seventh in violation of the provisions of these measures, the demolition of housing demolition permits obtained by illegal means, the urban housing demolition management department shall revoke the housing demolition permit; A fine of 3% to 0% of the relocation compensation and resettlement funds shall be imposed by the urban management administrative law enforcement department.
Fifty-eighth in violation of the provisions of these measures, the demolition of one of the following acts, the city housing demolition management department shall be ordered to stop the demolition; The urban management administrative law enforcement department shall give a warning and impose a fine of less than 3% of the demolition compensation and resettlement funds. If the circumstances are serious, the permit for house demolition shall be revoked by the urban house demolition management department.
(a) the implementation of house demolition is not in accordance with the scope of demolition determined by the house demolition permit;
(two) entrust a unit that does not have the qualification for demolition to carry out demolition;
(three) to extend the demolition period without authorization.
Fifty-ninth in the demolition period, the demolition of water supply, power supply, gas supply and other means of forced demolition, relocation of the lessee, the urban management administrative law enforcement department shall order the demolition to resume, and impose a fine of 30 thousand yuan.
Sixtieth in violation of the provisions of these measures, the entrusted demolition unit transfers the demolition business, and the urban housing demolition management department shall order it to make corrections; Urban management administrative law enforcement departments confiscate the illegal income and impose a fine of more than 25% and less than 50% of the demolition service fee agreed in the contract.
Article 61 If the urban house demolition management department, 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.
Chapter V Supplementary Provisions
Sixty-second because of the need of cultural relics protection or in accordance with the planning requirements, only the original buildings are relocated, and the compensation and subsidy standards shall be implemented in accordance with the relevant provisions of these measures.
Sixty-third in the city planning area of foreign land for housing demolition, and the need for compensation and resettlement of the demolition, with reference to these measures.
Article 64 Sujiatun District, Xinchengzi District, Qipanshan International Scenic Tourism Development Zone, Shenyang Agricultural High-tech Development Zone, xinmin city, Liaozhong County, Kangping County and Faku County may, in accordance with the relevant provisions of these Measures and in light of local conditions, formulate compensation and subsidy standards, which shall be implemented after being approved by the Municipal People's Government.
Article 65 These Measures shall come into force as of May 6, 2004. "Shenyang City Housing Demolition Management Measures" (municipal government [2003]19) shall be abolished at the same time.
Sixty-sixth projects that have been demolished before the implementation of these measures shall be implemented in accordance with the demolition regulations when issuing housing demolition permits.
During the implementation of these measures, when the relevant provisions of national laws and regulations are adjusted, they shall be implemented in accordance with national laws and regulations.