Article 1 These Measures are formulated in accordance with the Regulations of the State Council Municipality on Expropriation and Compensation of Houses on State-owned Land (Order No.59 of the State Council) and in combination with the actual situation of this Municipality in order to standardize the activities of house expropriation and compensation in urban planning areas, safeguard public interests and safeguard the legitimate rights and interests of the owners of houses to be expropriated.
article 2 in order to meet the needs of public interests, the expropriation of houses by units and individuals within the urban planning area of this municipality shall give fair compensation to the owner of the expropriated house (hereinafter referred to as the expropriated person).
article 3 the principle of planning first, democratic decision-making, due process, fair compensation and open results shall be followed in the expropriation and compensation of houses.
Article 4 The Municipal People's Government shall be responsible for the house expropriation and compensation within the urban planning area of this Municipality.
the competent department of housing expropriation of the municipal people's government is responsible for the organization and implementation of housing expropriation and compensation in the urban planning area of this municipality.
The departments of development and reform, education, civil affairs, public security, finance, land and resources, housing and urban construction, transportation, culture, urban management, industry and commerce shall cooperate with each other in accordance with the statutory powers and responsibilities stipulated in these Measures to ensure the smooth progress of housing expropriation and compensation.
Article 5 The main responsibilities of the house expropriation department are as follows:
(1) To be responsible for the publicity and interpretation of policies related to house expropriation and compensation.
(2) organizing the implementation of house expropriation and compensation or entrusting the house expropriation unit to implement the house expropriation and compensation, undertaking the specific work of house expropriation and compensation, and being responsible for supervising the entrusted implementation of house expropriation and compensation.
(3) to draw up a plan for expropriation and compensation, and report it to the Municipal People's Government for examination and approval and promulgation.
(4) to organize the investigation and registration of the ownership, location, use and construction area of the houses within the scope of expropriation, and publish the investigation results.
(5) notify the relevant departments in writing to suspend the relevant procedures such as new construction, expansion, reconstruction, change of house and land use, house analysis, sale, lease and mortgage, household registration, household registration, real estate notarization and industrial and commercial business license within the scope of house expropriation.
(6) sign an agreement on expropriation compensation with the expropriated person.
(7) If no compensation agreement can be reached with the expropriated person within the signing period determined by the expropriation compensation scheme or the owner of the expropriated house is unclear, it shall be reported to the Municipal People's Government to make a compensation decision.
(8) Establish the archives of house expropriation compensation according to law, and announce the division of the scope of house expropriation compensation to the expropriated person.
(9) accepting reports from units and individuals, and timely verifying and handling them.
article 6 the house expropriation department may entrust the house expropriation and compensation service center or the county or district people's government as the house expropriation implementation unit to undertake the specific work of house expropriation and compensation, and the house expropriation implementation unit shall not aim at making profits.
the house expropriation department is responsible for supervising the house expropriation and compensation behavior of the house expropriation implementation unit within the scope of entrustment, and taking legal responsibility for the consequences of its behavior.
article 7 the municipal people's government and the house expropriation departments shall strengthen the supervision over the house expropriation and compensation work of the county and district people's governments and the house expropriation departments.
article 8 any organization or individual shall have the right to report any violation of these measures to the municipal people's government, the house expropriation department and other relevant departments. After receiving the report, it should be verified and handled in time.
the supervisory organ shall strengthen the supervision of the government, relevant departments, units and their staff involved in the house expropriation and compensation.
chapter ii decision on expropriation
article 9 in order to safeguard national security and promote national economic and social development, if it is really necessary to expropriate houses under any of the following circumstances, the municipal people's government shall make a decision on expropriation of houses.
(1) National defense and diplomatic needs.
(2) the need for the government to organize and implement infrastructure construction such as energy, transportation and water conservancy.
(3) the needs of public undertakings such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare and municipal utilities organized and implemented by the government.
(4) the construction needs of affordable housing projects organized and implemented by the government.
(5) The need for the old city reconstruction in areas with concentrated dangerous buildings and backward infrastructure organized and implemented by the government in accordance with the relevant provisions of the Urban and Rural Planning Law.
(6) other public interests as stipulated by laws and administrative regulations.
article 1 in accordance with the provisions of article 9 of these measures, the construction activities of houses that really need to be expropriated shall conform to the national economic and social development planning, land use planning, urban and rural planning and special planning. The construction of affordable housing and the reconstruction of old urban areas shall be incorporated into the annual plan of the Municipal People's Government for national economic and social development.
article 11 the house expropriation department shall prepare the expropriation compensation scheme and report it to the municipal people's government for the record.
the municipal people's government shall organize relevant departments to demonstrate the compensation scheme, and publish it to solicit public opinions. The time limit for soliciting opinions shall not be less than 3 days.
Article 12 The Municipal People's Government shall promptly announce the situation of soliciting opinions and making amendments according to public opinions.
if more than half of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of these measures, the municipal people's government shall organize a hearing attended by the expropriated people and public representatives, and modify and improve the scheme according to the hearing.
Article 13 Before making a decision on house expropriation, the Municipal People's Government shall conduct social stability risk assessment in accordance with relevant regulations; The decision of house expropriation involves 2 households and more than 1 people, which shall be discussed and decided by the executive meeting of the government.
before making a decision on house expropriation, the municipal people's government shall organize relevant functional departments to investigate, identify and deal with unregistered houses within the scope of expropriation according to law, and make an announcement within the scope of expropriation.
before making a decision on house expropriation, the compensation fee for expropriation should be fully paid, stored in a special account and earmarked.
article 14 when the municipal people's government makes a decision on house expropriation, it shall make an announcement within the scope of expropriation. And published in the public press. The announcement shall contain the following contents:
(1) Purpose and basis of collection.
(2) the place and scope of collection.
(3) compensation scheme for house expropriation.
(4) the name of the house expropriation implementation unit.
(5) no agreement can be reached or the owner of the expropriated house does not know how to deal with it.
(6) having the right to administrative reconsideration or administrative litigation.
(7) Request to provide information on house expropriation and consultation place.
(8) Other matters that should be announced.
the county and district house expropriation departments shall, within 7 days from the date when the county and district people's governments make the house expropriation decision, report the relevant information about the house expropriation decision and the expropriation compensation scheme to the municipal house expropriation department for the record.
the municipal people's government and the house expropriation department should do a good job in publicizing and explaining the house expropriation and compensation.
article 15 if the house is expropriated according to law, the land use right shall be recovered at the same time.
article 16 if the expropriated person refuses to accept the decision of the municipal people's government on house expropriation, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
article 17 the house expropriation department shall organize an investigation and registration on the ownership, location, use and construction area of houses within the scope of house expropriation, and the expropriated person shall cooperate. The survey results shall be announced to the expropriated person within the scope of house expropriation.
Article 18 After the scope of house expropriation is determined, no new building, expansion, reconstruction, change of house nature and land use, house analysis, sale, lease and mortgage, household registration, real estate notarization, handling of industrial and commercial business license or other improper increase of compensation fees shall be carried out within the scope of house expropriation; Violation of the provisions of this article, no compensation, and in accordance with the relevant provisions.
the house expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant procedures. The written notice of suspension of relevant formalities shall specify the time limit for suspension. The longest suspension period shall not exceed one year.
article 19 the expropriated person and the lessee of the house may give priority to the procedures such as registered permanent residence relocation, mail delivery, telephone relocation, water and electricity cut off, and transfer to other departments as stipulated in the expropriation compensation agreement.
Chapter III Compensation
Article 2 The compensation for the expropriated person in the house expropriation decision of the Municipal People's Government includes:
(1) the value of the expropriated house and the value of the land use right occupied by the expropriated person.
(2) compensation for relocation and temporary resettlement caused by house expropriation.
(3) compensation for the loss caused by the expropriation of houses.
the municipal people's government shall formulate measures for subsidies and incentives to the expropriated person. In the implementation of the expropriation project within the scope of unified expropriation subsidies and incentives, the housing expropriation department shall, according to the specific circumstances of the construction of the expropriated project, determine and publish it in the expropriation compensation scheme.
article 21 if the individual housing is expropriated and the expropriated person meets the housing security conditions, the municipal people's government that made the decision on housing expropriation shall give priority to housing security.
article 22 the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the day when the house expropriation decision is announced. The value of the house to be expropriated is assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the Measures for the Assessment of House Expropriation.
if there is any objection to the value of the expropriated house determined by the assessment, the real estate price assessment agency may apply for a review assessment. If there is any objection to the results of the review, the real estate price appraisal expert committee may apply for appraisal.
Article 23 The real estate price appraisal institution shall be selected by the expropriated person through consultation; If negotiation fails, it shall be determined by majority decision and random selection.
real estate price assessment agencies shall independently, objectively and impartially carry out the assessment of house expropriation, and no unit or individual may interfere.
article 24 the expropriated person may choose monetary compensation or exchange of house property rights.
article 25 if the expropriated person chooses monetary compensation for the house, the amount of compensation for the expropriated house shall be assessed and determined by the expropriated person who chooses a real estate appraisal agency with corresponding qualifications according to the Measures for the Assessment of House Expropriation.
article 26 if the expropriated person chooses to exchange property rights of the house, the municipal people's government shall provide the house for property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the house for property rights exchange with the expropriated person.
if the expropriated individual houses are expropriated due to the renovation of the old city, and the expropriated person chooses to exchange the property rights of the houses in the renovated lot, the municipal people's government that made the decision on house expropriation shall provide houses in the renovated lot or the nearby lot.
(1) The construction area (single-story concrete structure) converted from the single-family residence in the old urban area shall be replaced with the construction area of 1: 1.2; For concrete structures with more than two floors (including two floors), the first floor shall be replaced with a construction area of 1: 1; for those with more than two floors (including two floors), the second floor (including two floors) shall be replaced with a construction area of 1: 1; The brick, wood and tile structure of the first floor is replaced according to the construction area of 1: 1; The brick and tile structure of the first floor is replaced according to the construction area of 1: 1; The brick and tile structure of the first floor is replaced according to the construction area of 1: 1; The brick and tile structure of the first floor is replaced according to the construction area of 1: 1. 1.1 of the construction area for replacement, more than two floors (including two floors) according to the construction area of 1: .9 for replacement.
(2) The construction area (single-story concrete structure) converted from single-family houses in rural villages according to the construction years is changed according to the construction area of 1: 1.25; The first floor of a concrete structure with more than two floors (including two floors) shall be replaced with a construction area of 1: 1.15, and the construction area of more than two floors (including two floors) and below two floors (including two floors) shall be replaced with a construction area of 1:1.5; Brick, wood, tile structure of the first floor of the brick structure according to the construction area of 1:1.15 replacement, more than two floors (including two floors) below the second floor according to the construction area of 1:.95 replacement.
(3) The requisitioned apartments or buildings shall be replaced by 1:1 of the converted construction area during the construction period.
(4) Conversion method of construction years: 1% compensation shall be paid for the construction period of less than 1 years (including 1 years); 95% compensation for 11 to 2 years; More than 21 years (including 21 years) shall be compensated by 9%.
(5) If the compensation area exceeds the proportion of exchange area by less than 1 square meters, it shall be settled according to the cost difference; More than 1 square meters, according to the market valuation settlement. If the compensation area is less than the proportion of the exchange area, the expropriated person shall be compensated according to the market evaluation price.
(6) The location of the property right transfer floor is selected according to the principle of signing the agreement first, and the government can give appropriate rewards to those who choose the upper and lower floors.
article 27 if the property right exchange of non-residential houses is levied, the compensation shall be made according to the proportion of 1:1 of the construction area after the housing reform. The part of the compensation area that exceeds the proportional exchange area is compensated according to the market evaluation price; The part of the compensation area that is insufficient to exchange the area in proportion will be compensated to the expropriated person by increasing 1% according to the market evaluation price.
in principle, monetary compensation is selected for the expropriation of factories, warehouses, docks and farm houses.
article 28 if only part of the villagers' land is expropriated according to the actual conditions of the expropriation project, land resettlement can be implemented for the expropriated houses.
compensation for house expropriation is divided into compensation for buildings (structures) and compensation for land.
(1) compensation for buildings (structures) shall be made in monetary terms according to the market evaluation price.
(2) land compensation, according to the ratio of 1:1 of the expropriated houses (except ancillary facilities) in the resettlement sites uniformly planned by the municipal government. The remaining housing covers an area of less than 4 square meters (including 4 square meters) without land compensation, only monetary compensation is given at the market price.
(3) The price difference of the land compensation area shall be solved in a complementary way according to the land market evaluation price.
(4) the land for resettlement shall be selected according to the principle of signing the agreement first.
(5) Idle ancestral old houses and idle houses, regardless of the number of households, will only be compensated according to the construction area if they choose to allocate land; Choose property rights exchange, according to the construction area of compensation.
article 29 before the announcement of the house expropriation decision, if the ownership of the house has been transferred or changed, but the registration formalities have not been completed, or if the area recorded in the house ownership certificate does not match the actual area, the municipal real estate department shall issue a confirmation certificate within 1 working days after receiving the application from the parties to the house expropriation.
Article 3 The area of the property right exchange house shall be calculated according to the construction area approved by the house ownership certificate.
except for the housing area where the property right is exchanged, the rest of the land area with land ownership certificate will only be given monetary compensation according to the market evaluation price.
Article 31 Appendices of expropriated houses, including patios, courtyards, gardens, dripping alleys, open-air toilets, doumen, chimneys, etc., are not subject to property rights exchange, but only given monetary compensation according to the market evaluation price.