Basic information of demolition work
(Approved at the 32nd meeting of the Standing Committee of the Ninth People's Congress of Anhui Province on September 29, 2002 by the 35th meeting of the Standing Committee of the Twelfth People's Congress of Hefei City on September 3, 2002)
The first general rule
Article 1 In order to strengthen the management of urban house demolition in this Municipality, safeguard the legitimate rights and interests of the parties involved in the demolition and ensure the smooth progress of construction projects, these Measures are formulated in accordance with the relevant laws and regulations of the State and combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the activities of house demolition within the urban area of Hefei that require compensation and resettlement for the 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 people should be taken in accordance with these measures for compensation and resettlement. The person to be demolished shall complete the relocation within the prescribed relocation period.
The term "demolition" as mentioned in these Measures refers to the unit that has obtained the permit for house demolition.
The term "demolished person" as mentioned in these Measures refers to the owner of the demolished house and its appendages.
Article 5 The construction administrative department of the Municipal People's Government is the competent department of demolition and resettlement in this Municipality, and its subordinate Municipal Demolition and Resettlement Management Office (hereinafter referred to as the Municipal Demolition and Resettlement Office) is specifically responsible for the management of demolition and resettlement in this Municipality.
Sixth demolition work must adhere to the principle of unified management. The departments of urban planning, land resources, real estate, public security, industry and commerce and other relevant departments of the people's governments at all levels where the houses to be demolished are located shall, according to their respective functions and duties, cooperate with the demolition management department to do a good job in the demolition management.
chapter two
Demolition management
Seventh housing units to obtain the "housing demolition permit", before the implementation of the demolition. To apply to the Municipal Demolition Management Office for the "Housing Demolition Permit", the following materials shall be submitted:
(a) the approval document of the construction project;
(2) Construction land planning permit;
(three) the approval document of the land use right;
(four) planning and construction project demolition notice, demolition scope map;
(five) the demolition compensation and resettlement plan;
(six) the demolition compensation and resettlement funds.
Units within the demolition and submit the "state-owned land use certificate", exempt from the preceding paragraph (two), (three) information; The demolition of land acquisition construction projects can be exempted from the information in Item (3) of the preceding paragraph with the supporting documents of the land and resources departments at or above the municipal level; After inspection by the Municipal Demolition Management Office, if the internal demolition of the unit does not involve compensation and resettlement, it is not necessary to obtain the House Demolition Permit.
City demolition management office shall review and issue the "Housing Demolition Permit" within 0/0 days from the date of receiving the required application materials.
Eighth key projects at or above the provincial level shall go through the formalities for examination and approval of demolition, and the demolition work may be carried out simultaneously with the formalities for examination and approval after the relevant departments have gone through the formalities for examination and approval or issued relevant certificates.
City land and resources management department unified acquisition of new construction land, by the city land reserve center as the demolition, with land reserve, supply plan and the city planning and management department designated the scope of demolition, to the city demolition management office for demolition approval procedures.
Ninth housing demolition compensation and resettlement funds should be used for housing demolition compensation and resettlement, and shall not be used for other purposes. City demolition management office should strengthen the supervision of the use of demolition compensation and resettlement funds.
Tenth units engaged in demolition business must hold the "demolition qualification certificate" issued by the municipal demolition management office. Professional demolition staff must undergo business training and obtain the "Post Work Permit" issued by the Municipal Demolition Management Office before taking up their posts.
Eleventh people can take their own demolition, can also entrust a qualified unit to carry out the demolition.
City demolition management office shall not be taken as a demolition, nor shall it accept the entrustment of the demolition.
Twelfth after the demolition of houses, the demolition of unified registration, collection of the demolition of "all of housing" and "state-owned land use certificate", and to the city real estate, land and resources management departments for cancellation procedures. After the resettlement, the owner of the resettlement house shall go to the real estate, land and resources management department in time to handle the registration procedures of the ownership and land use right of the resettlement house.
Article 13 After the construction project is confirmed, upon the application of the parties concerned, the Municipal Demolition Management Office may issue a notice of fixed-point demolition or issue a permit for house demolition, and notify the relevant departments to suspend the issuance of construction project planning permits, house ownership certificates and business licenses, suspend the move-in of permanent residence and the separation of households, and suspend the housing transaction procedures.
During the suspension of formalities, the above formalities, certificates and photos handled by the relevant departments shall not be used as the basis for compensation and resettlement for demolition.
Fourteenth "housing demolition permit" issued, the city demolition management office shall timely demolition scope, demolition period and other related matters, in the form of announcement.
City demolition management office and the demolition should be taken in a timely manner to do a good job of publicity and interpretation. Demolition should be timely demolition resettlement plan and the demolition of housing area, relocation time, relocation sequence number and other matters to the public.
Fifteenth involves the demolition of construction projects, the municipal planning administrative department in charge of the "construction project planning permit", it should check the "housing demolition permit".
Need to investigate the demolition situation, should hold a notice issued by the city demolition management office, the relevant units and individuals shall not obstruct.
Sixteenth in the prescribed period of demolition, demolition shall not be taken to the water, electricity, gas. If water, electricity or gas is cut off beyond the demolition period, it shall be informed 3 days in advance.
Seventeenth demolition should be based on the legal and valid documents provided by the demolition, according to the confirmed housing area and nature, compensation and resettlement for the demolition.
The demolition of houses on collective land shall provide valid certificates issued by the people's governments at or above the county level and their relevant departments. Demolition of houses on state-owned land, the demolition should provide "all of the housing" and other valid documents. Housing area or nature is inconsistent with the "all of housing", the city demolition management office or the demolition can check the "construction planning permit".
Eighteenth houses without valid documents, photos, but meet one of the following conditions, the demolition should be given compensation and resettlement:
(1) Parks within the ring road are marked as1956 on the topographic map;
(2) The ring road outside the park is marked as1977 on the topographic map;
(3)1farmhouse built before April 20, 984, with the approval document or certificate of the township government.
According to the provisions of the preceding paragraph, private houses marked on the topographic map without the consent of the land use right holder shall not be compensated and resettled within the unit land where the state-owned land use right has been confirmed.
Nineteenth houses that do not meet the requirements of Article 17 and Article 18 of these measures and temporary buildings that exceed the approved period shall be demolished by themselves without compensation and resettlement. Overdue demolition, according to the provisions of article twenty-second, article twenty-third.
If the person to be demolished cannot provide the house permit and photos within the prescribed time limit, it shall be treated as undocumented and house.
Twentieth demolition and demolition, housing users should be in accordance with the provisions of these measures, signed a demolition compensation and resettlement agreement, agreed compensation, compensation amount, resettlement housing area and nature, resettlement location, relocation period, relocation transition mode and transition period.
Twenty-first demolition, after resettlement, shall issue a resettlement announcement, specify the time and place, and go through the resettlement procedures. If the person being taken refuses to go through the resettlement procedures without justifiable reasons, the temporary resettlement subsidy will be stopped.
Relocation shall be subject to the relocation sequence number, and the first one will be given priority.
Twenty-second in the demolition notice specified in the demolition period, the demolition and demolition, housing users can not reach an agreement on compensation and resettlement, the parties may apply to the municipal demolition management office for a ruling. City demolition management office shall decide whether to accept the application within 7 days from the date of receiving it, and notify the parties concerned. The ruling shall be made within 30 days from the date of acceptance.
If a party refuses to accept the award, it may bring a lawsuit to the people's court within 3 months from the date of service of the award. If the demolisher gives monetary compensation to the demolished person or provides resettlement houses or revolving houses, the execution of the demolition shall not be stopped during the litigation.
Article 23 If the demolished person or the user of the house fails to move within the relocation period stipulated in the ruling, the Municipal People's Government shall instruct the relevant departments to organize the compulsory relocation, or the Municipal Demolition Management Office shall apply to the people's court for compulsory relocation according to law. The expenses required for compulsory demolition shall be borne by the forced demolition.
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-fourth demolition compensation and resettlement can be monetary compensation, but also the implementation of housing property rights exchange.
If the demolition of commercial buildings, apartment-style office buildings, high-rise apartments, villas and other construction projects is not suitable for local resettlement, monetary compensation can be implemented.
Twenty-fifth monetary compensation is calculated according to the formula, that is, monetary compensation = (the benchmark price of monetary compensation+the cost per square meter of the demolished house structure × new )× ×( 1- 0/-adjustment coefficient )× construction area.
The benchmark price of monetary compensation mentioned in the preceding paragraph, that is, the location compensation price, shall be approved by the municipal price management department in conjunction with the municipal demolition management office on the basis of real estate market evaluation.
If monetary compensation is implemented, temporary resettlement subsidies, transitional suspension subsidies and wage subsidies for suspended personnel will not be paid.
The demolished people use the monetary compensation for demolition to buy a house. With the demolition compensation agreement, the relevant departments will give relevant deed tax relief.
Twenty-sixth property transaction price calculation formula:
(a) housing property exchange price calculated according to the original use area = original use area × housing construction coefficient of resettlement housing × property exchange price difference, in which housing construction coefficient = housing construction area/housing use area;
(two) according to the original construction area of non residential property exchange price difference = construction area x property exchange price difference;
(three) the price of property rights exchange of land-expropriated houses = the construction area to be resettled × the price difference of property rights exchange.
Twenty-seventh the implementation of housing property rights exchange, should be based on the requirements of urban planning and the nature of construction projects, to take the form of in-situ resettlement or relocation.
Take the relocation, from Park Road around the city to the first ring road, the relocation area will be increased free of charge10% ~ 20%; From the park road around the city to the second ring road outside the first ring road, the resettlement area will be increased by 30% ~ 40% free of charge; If you move from the first ring road outside the park road around the city to the second ring road, the resettlement area will be increased free of charge 10% ~ 20%. The resettlement area will be increased 10% ~ 20% for free on the basis of the above standards.
The area increased in the preceding paragraph shall be relocated, and the houses on state-owned land shall be calculated according to the use area; Non-residential houses and houses on expropriated collective land shall be calculated according to the construction area that needs to be resettled.
Twenty-eighth the implementation of property rights exchange, the demolition can be a one-time resettlement or transitional resettlement. Take their own transitional resettlement, the transition period by the demolition or housing users to solve the temporary housing, demolition in accordance with the provisions of the payment of temporary resettlement subsidies. The residential transition period shall not exceed 18 months, and the non-residential transition period shall not exceed 30 months. If the resettlement is overdue, it will be less than 12 months from the overdue month, and the temporary resettlement subsidy will be increased by100%; If it exceeds 12 months, the temporary resettlement subsidy will be increased by 200%.
During the transition period, the demolisher will not pay the temporary resettlement subsidy, and if he fails to do so within the time limit, he will pay the temporary resettlement subsidy in accordance with the provisions of the preceding paragraph from the overdue month.
Twenty-ninth municipal construction demolition by the municipal construction department is responsible for organizing the implementation, can implement the district-based double contract.
Monetary compensation for demolition of municipal construction. With the permission of urban planning, property rights exchange can be implemented upon approval.
Municipal construction demolition of houses, according to the "construction planning permit" and "housing ownership certificate" to confirm the nature and area of compensation and resettlement.
Thirtieth organs, enterprises and institutions to dismantle their own residential units, the demolition of housing users are not employees of the unit, must be given appropriate compensation and resettlement; Take the adjustment of housing placement, resettlement housing should be a complete structure, basically with water, electricity and sanitation facilities.
Thirty-first units to raise funds for housing and demolition of dilapidated residential areas included in the government transformation plan, the demolition has the priority to raise funds; Residents who are unwilling to participate in fund-raising should adjust their housing placement or implement monetary compensation.
chapter three
Compensation and resettlement for house demolition on state-owned land
Thirty-second demolition of houses on state-owned land to implement property rights exchange, according to the "one demolition and one insurance" compensation and resettlement. Houses are placed according to the use area, and commercial, production, office, warehousing, hotels and other non-residential houses are placed according to the construction area and nature; If the area does not match, the difference will be settled.
Demolition of houses, resettlement houses and the demolition of housing area does not match, the resettlement area in the "increase of 5 square meters" to "decrease of 3 square meters" within the scope of increase or decrease. In addition to applying for additional purchase, the price of the increased area shall be settled according to the price difference of the property right exchange of the demolished house; The price of reduced area shall be settled according to the price of commercial housing.
Demolition of non-residential buildings, resettlement housing and the demolition of housing area does not match, in addition to applying for additional housing, the price of increasing resettlement area is settled according to the comprehensive cost of resettlement housing; The price of reducing the resettlement area shall be settled according to the price of commercial housing.
Thirty-third when signing the demolition compensation and resettlement agreement, if the demolished person requests complete resettlement without expanding the resettlement area and apartment type, the demolition shall be allowed, and the usable area of each house after complete resettlement shall not be less than 22 square meters.
Article 34 If the house demolition is subject to property right exchange, and the per capita area of the demolished person is lower than the minimum per capita resettlement security area announced by the construction administrative department of the Municipal People's Government after the area is increased through local resettlement or resettlement in different places, when the demolition compensation and resettlement agreement is signed, the demolished person shall make up for it according to the application of the demolished person, and the price of the supplementary area shall be settled according to the comprehensive cost of the resettlement house. If monetary compensation is implemented, it will be increased to the minimum per capita relocation and resettlement security area in this city, and compensation will be given according to the standard of square meter cost of brick-concrete structure housing units.
The population of the people being demolished in the preceding paragraph shall be subject to the household registration population within the scope of demolition, and the household population shall not be calculated.
The provisions of this article shall not apply to the demolition of public houses and the rental of private houses.
Thirty-fifth demolition of rental housing, the original lease relationship continues to exist, it should be the implementation of property rights exchange; If the lease relationship is terminated with the lessee, or the lessee is resettled, and the lessee moves within the demolition period, the demolition person shall compensate the lessee.
Article 36 Units that demolish public houses and self-run houses directly under the charge of real estate management departments shall implement monetary compensation, and the compensation ratio for housing owners and tenants shall be formulated separately by the Municipal People's Government.
Thirty-seventh demolition along the road on both sides of the overall urban planning of private houses converted into business houses, according to the residential confirmation. Meet the following conditions, according to the certificate and photos, confirm that the largest natural room construction area is the business room area:
(a) the owner of the house uses the whole house along the street at the bottom to operate on his own;
(two) before the implementation of these measures, the owner of the house has obtained the business license, and the house to be demolished is the business place registered with the business license.
Thirty-eighth the implementation of non residential property rights exchange, due to the demolition of enterprises, institutions and individual industrial and commercial households to stop production and business, the demolition should be given transitional subsidies.
chapter four
Compensation and resettlement for house demolition on expropriated collective land
Thirty-ninth one-time land acquisition households to implement the demolition project by stages, should implement a unified compensation and resettlement standards.
Fortieth houses within the scope of land acquisition and demolition shall be compensated and resettled according to the registered population of land acquisition and demolition.
If the registered population of the land transfer household has been resettled in other land transfer construction projects, it may not be resettled again.
Forty-first demolition land transfer within the scope of the housing property rights exchange, the demolition of housing valid documents are complete, the per capita construction area of more than 30 square meters, according to the per capita construction area of 30 square meters of resettlement; After resettlement, the remaining construction area of valid certificates and licenses shall be compensated according to the cost per square meter of the building structure.
The demolition of housing construction area of 20 ~ 30 square meters per capita, according to the actual valid documents and construction area can be increased to 30 square meters per capita. If the valid certificate of the house to be demolished and the per capita construction area are less than 20 square meters, the per capita construction area can be increased to 20 square meters after the demolition application for resettlement. The price of the increased area shall be settled according to the comprehensive cost of the resettlement house.
Forty-second demolition of land transfer housing monetary compensation, the demolition of housing with valid documents, the per capita construction area of more than 30 square meters, according to the per capita construction area of 30 square meters to give monetary compensation; After compensation, the remaining construction area of valid certificates and licenses shall be compensated according to the cost per square meter of housing structure; If the valid certificate of the house to be demolished is less than 30 square meters per capita, monetary compensation will be given according to the actual valid certificate and the construction area. Forty-third demolition within the scope of the following conditions, according to the land acquisition population calculation:
(1) Married spouses and their newborn children;
(two) parents who have lived with their only child for a long time and have no house homestead in situ;
(3) Students, soldiers serving in the army, prisoners and reeducation-through-labor personnel;
(4) One more pregnant woman conforms to the family planning policy.
Forty-fourth ancestral households within the scope of land acquisition and demolition meet the following conditions, which are proved by the villagers' committee and calculated according to the population of land acquisition and demolition:
(1) The house complies with the provisions of Articles 17 and 18 of these Measures;
(two) the house is an ancestral heritage and is clearly owned by the property owner;
(three) the house where the property owner, his spouse and children have been living, and there is no other house.
Forty-fifth demolition approved by the people's governments at or above the county level to introduce agricultural personnel in accordance with the provisions of Article 17 and Article 18 of these measures, their homes without cultivated land and homestead shall be compensated and resettled in accordance with the provisions of this chapter.
If the house within the scope of collective land expropriation has been purchased and the land use right occupied by the house has changed, compensation and resettlement shall be made in accordance with the provisions of this chapter; If the land use right has not been changed, it will not be resettled during the demolition, and the new compensation will be combined according to the valid certificate and the construction area unit square meter cost.
Forty-sixth non-residential houses of collective nature within the scope of land acquisition and demolition shall be subject to monetary compensation and shall not be resettled.
If the house within the scope of land acquisition and demolition is changed to non-residential by the demolisher himself, it shall be resettled as a house. Appropriate compensation can be given to the relocation of its production facilities.
Forty-seventh rental housing within the scope of land acquisition and demolition is engaged in business, production, processing and other business activities, and the demolition person is responsible for mobilizing the relocation, and the relocation of its production facilities will not be compensated.
Forty-eighth houses that have not been handed over for demolition and land acquisition are organized by the local government for unified planning and reconstruction. The demolition person shall make compensation according to the square meter cost of the structural unit of the house to be demolished, and pay 20% of the compensation to the local government for the construction of water, electricity, roads and other supporting facilities.
chapter five
Legal liability
Article 49 Whoever, in violation of the provisions of these measures, carries out the demolition without obtaining the Permit for House Demolition, shall be ordered by the Municipal Demolition Management Office to stop the demolition, given a warning, and may also be fined for the demolition of houses with a construction area of more than 20 yuan and less than 50 yuan per square meter.
Fiftieth demolition of one of the following acts, the city demolition management office shall be ordered to stop the demolition, given a warning, and may impose a fine of less than 3% of the demolition compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked:
(a) not according to the "housing demolition permit" to determine the scope of the implementation of the demolition;
(two) entrust a unit that does not have the qualification for demolition to carry out demolition;
(three) to extend the demolition period without authorization.
Article 51 If the demolished person or the user of the house violates the agreement and refuses to vacate the revolving house within the time limit, the municipal demolition management office shall give a warning to the demolished person or the user of the house and order him to return the revolving house within a time limit.
Article 52 If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit to the people's court in accordance with the provisions of the Administrative Reconsideration Law of People's Republic of China (PRC) and the Administrative Procedure Law of the People's Republic of China. If it fails to apply for reconsideration or prosecution within the time limit and fails to perform the administrative punishment decision, the municipal demolition management office shall apply to the people's court for compulsory execution.
Fifty-third abuse, assault housing demolition staff, hinder the housing demolition management staff to perform official duties, by the public security organs in accordance with the provisions of the "Regulations on administrative penalties for public security" punishment; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Article 54 Any staff member of the house demolition management department who neglects his duty, abuses his power or engages in malpractices for selfish ends shall be given administrative sanctions by his unit or the competent authority at a higher level; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Chapter vi
supplementary terms
Article 55 The term "municipal construction" as mentioned in these Measures refers to the construction of public facilities such as urban roads (including bridges and squares), public transportation (including parking lots), water supply, drainage, gas, heat, power supply, communications, gardens, sanitation, sewage treatment, flood control and garbage disposal.
Fifty-sixth problems in the specific application of these measures shall be interpreted by the administrative department of construction of the Municipal People's government. Relevant compensation and subsidy standards shall be formulated separately by the Municipal People's Government.
The Municipal People's Government may, in accordance with these measures, formulate detailed rules for the implementation of house demolition in Hefei High-tech Industrial Development Zone, Hefei Economic and Technological Development Zone and Hefei New Station Comprehensive Development Experimental Zone.
Article 57 These Measures shall come into force on June 6+1October 6+1October 6, 2003. 1997 issued the "Hefei city housing demolition management measures" shall be abolished at the same time. The demolition project that has been approved before the implementation of these measures, its compensation and resettlement and various subsidy standards are still implemented according to the original provisions.
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