Article 1 In order to strengthen the management of urban house demolition, ensure the smooth progress of urban construction, and protect the legitimate rights and interests of the demolition parties, these regulations are formulated.
Article 2 These Regulations shall apply to the demolition of houses and their attachments on state-owned land in urban planning areas due to urban construction.
Article 3 The demolisher referred to in these regulations refers to the construction unit or individual who has obtained the house demolition permit.
The term “demolished persons” as mentioned in these Regulations refers to the owners of the demolished houses and their attachments (including the custodians and managers of state-owned houses and their attachments authorized by the state) and the owners of the demolished houses and their attachments. The user of its accessories.
Article 4 The demolition of urban houses must comply with urban planning and be conducive to the transformation of old areas.
Article 5 The demolisher must compensate and resettle the demolished persons in accordance with the provisions of these regulations; the demolished persons must comply with the needs of urban construction and complete the relocation within the prescribed relocation period.
Article 6 The real estate administrative department of the State Council shall be in charge of urban house demolition work nationwide.
The real estate administrative department of the local people's government at or above the county level or the department authorized by the people's government (hereinafter referred to as the house demolition department) is responsible for the urban house demolition work within its own administrative region.
Article 7 Local people's governments at or above the county level shall strengthen leadership over urban house demolition work. Reward units or individuals who have made outstanding contributions to urban house demolition work.
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Chapter 2 General Principles of Demolition Management
Article 8 Any unit or individual who needs to demolish a house must present the approval documents, demolition plan and demolition plan stipulated by the state. For the demolition plan, a demolition application must be submitted to the housing demolition department of the people's government at or above the county level. Demolition can only be carried out after approval and a house demolition permit is issued. If house demolition requires changing land use rights, the land use rights must be obtained in accordance with the law.
The implementation of house demolition shall not exceed the approved demolition scope and the prescribed demolition period.
Article 9 The local people's government may organize unified demolition, or the demolishers may demolish the property on their own or entrust the demolition to others. Cities and areas with comprehensive urban development where conditions permit shall implement unified demolition.
If the demolisher entrusts the demolition, the entruster should be a unit that has obtained the qualification certificate for house demolition.
House demolition authorities shall not accept demolition entrustment.
Article 10 Once a house demolition permit is issued, the house demolition department shall announce the demolisher, demolition scope and relocation period in a house demolition announcement or other forms. The competent department in charge of house demolition shall publicize and explain to the demolished persons in a timely manner.
Article 11 After the scope of demolition is determined, the local people's government at or above the county level shall notify the local public security department to suspend household registration and household transfer within the scope of demolition. Those who really need to register or separate households due to childbirth, demobilization, marriage, etc. , can only be processed after approval by the local people's government at or above the county level.
Article 12 Within the demolition period announced by the competent department of house demolition, the demolisher shall sign a written agreement with the demolished person on compensation, resettlement and other issues in accordance with the provisions of these regulations.
The compensation and resettlement agreement should stipulate the form and amount of compensation, the area and location of the resettlement house, the transition method and period of relocation, liability for breach of contract, and other terms that the parties deem necessary.
Article 13 The compensation and resettlement agreement can be notarized by the notary office and submitted to the housing demolition authority for filing.
For houses that are demolished and managed in accordance with the law, the custodian is the house demolition authority. The compensation and resettlement agreement must be notarized by a notary public and evidence preservation must be carried out.
Article 14 If the demolisher and the demolished cannot reach an agreement after consultation on the form and amount of compensation, the area and location of resettlement housing, the relocation transition method and the transition period, it shall be approved by the housing demolition department. . The person to be demolished shall be determined by the competent house demolition department that approved the demolition, and shall be decided by the people's government at the same level.
If the parties are dissatisfied, they may file a lawsuit in the People's Court within 15 days from the date of receipt of the award.
During the litigation period, if the demolisher has resettled the demolished persons or provided transitional housing, the execution of the demolition will not be stopped.
Article 15 If within the demolition period specified in the house demolition announcement or the first paragraph of Article 14 of these Regulations, the demolished person refuses to demolish without justifiable reasons, the people's government at or above the county level may order a time limit The decision to demolish. If the demolition is not carried out within the time limit, the people's government at or above the county level shall instruct the relevant departments to carry out compulsory demolition, or the housing demolition department shall apply to the People's Court for compulsory demolition.
Article 16 If laws and regulations have other provisions for the demolition of embassy (consulate) buildings, military facilities, churches, temples, cultural relics and historic sites, etc., the relevant laws and regulations shall prevail.
Article 17 The competent department in charge of house demolition shall inspect the house demolition activities. The person being inspected shall truthfully provide information and information. Inspectors have the responsibility to keep technical and commercial secrets for the persons being inspected.
Article 18 The competent department in charge of house demolition shall establish and improve the demolition archives system and strengthen the management of demolition archives.
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Chapter 3 Demolition Compensation
Article 19 The demolisher shall pay compensation to the owners of the demolished houses and their attachments in accordance with the provisions of these regulations. (including trustees and managers of state-owned buildings and their attachments authorized by the state) shall be compensated.
No compensation will be given for the demolition of illegal buildings and temporary buildings that have exceeded the approved period; appropriate compensation should be given for the demolition of temporary buildings that have not exceeded the approved period.
Article 20 Demolition compensation shall be based on property rights exchange and price compensation, or a combination of property rights exchange and price compensation.
The property rights exchange area is calculated based on the construction area of ??the demolished house.
The amount of pricing compensation is combined into a new settlement based on the replacement price of the construction area of ??the demolished houses.
Article 21 If a house and its attachments are demolished for public welfare purposes, the demolisher shall rebuild it according to its original nature and scale, or be compensated at the replacement price, or the urban people's government shall Urban planning overall arrangement.
When the attachments of non-public welfare houses are demolished, the property rights will not be exchanged, and the demolisher will provide appropriate compensation.
Article 22 For non-residential houses that are repaid in the form of property rights exchange, the part of the building area equal to the original building area shall be repaid, and the structural price difference shall be settled at the replacement price; the part of the building area exceeding the original building area shall be repaid , settled according to the price of commercial housing; the reimbursed part of the building area that is smaller than the original building area will be combined into a new settlement based on the replacement price.
Article 23 For housing repaid by property rights exchange, the settlement method for the price difference between the repaid housing and the demolished housing, as well as the price settlement method for the part of the demolished housing that exceeds or is below the original building area, shall be determined by the provinces and autonomous regions. , Provisions of the People's Government of the Municipality directly under the Central Government.
Article 24 When a leased house is demolished, the property rights shall be exchanged, and the original lease relationship shall continue to be maintained. If the terms of the original lease contract are changed due to demolition, they shall be revised accordingly.
Article 25 If a house with property rights disputes is demolished and the dispute is not resolved within the prescribed time limit announced by the house demolition authority, the demolisher shall propose a compensation and resettlement plan and report it to the people's government at or above the county level for house demolition. Demolition will be implemented after approval from the competent department. Before demolition, the housing demolition department shall organize the demolishers to survey and record the demolished houses, and go to the notary office for evidence preservation.
Article 26 If a house with a mortgage is demolished and the property rights are exchanged, the mortgagee and the mortgagor shall sign a mortgage agreement. If the mortgagee and the mortgagor fail to reach a mortgage agreement within the prescribed period announced by the housing demolition authority, the demolition shall be carried out in accordance with the provisions of Article 25 of these Regulations.
If a mortgaged house is demolished and the price is compensated, the mortgagee and the mortgagor shall re-establish the mortgage or the mortgagor shall pay off the debt before providing compensation.
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Chapter 4 Demolition and Resettlement
Article 27 The demolisher shall provide resettlement to the users of the demolished houses in accordance with the provisions of these regulations . If the resettlement housing cannot be settled at once, the transition period should be clearly stated in the agreement.
Users of demolished houses refer to citizens with formal household registration within the demolition scope and agencies, groups, enterprises and institutions with business licenses or official positions within the demolition scope.
Article 28 The resettlement location of users of demolished houses shall be determined based on the urban planning requirements for building area and the nature of the construction project, and in accordance with the principles that are conducive to the implementation of urban planning and the reconstruction of old areas.
For users of demolished houses who move from good locations to poor locations, the resettlement area can be appropriately increased.
Article 29: Non-residential houses that are demolished shall be resettled according to the original building area.
Article 30 The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall make arrangements based on the actual local conditions and the original building area, or the original use area or the original living area (hereinafter referred to as the original area).
For users of demolished houses who have difficulty in resettling their houses according to the original area, the resettlement area can be appropriately increased. Specific measures for increasing the resettlement area shall be formulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 31 If the user of the demolished house moves out due to demolition, the demolisher shall pay the relocation subsidy.
If the user of the demolished house arranges his or her own residence during the specified transition period, the demolisher shall pay temporary resettlement subsidy.
During the specified transition period, if residents are provided with transitional housing, no temporary resettlement subsidy will be paid.
The standards for relocation subsidies and temporary resettlement subsidies shall be formulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 32 The demolishers and users of the demolished houses shall abide by the agreement on the transition period. The demolisher shall not extend the transition period without authorization; users of the demolished houses provided by the demolisher with turnover houses shall not refuse to move to resettlement houses or vacate the turnover houses upon expiration.
Article 33 If the user of the demolished house extends the transition period due to the responsibility of the demolisher, and the user of the demolished house arranges their own accommodation, the temporary resettlement subsidy shall be appropriately increased starting from the month overdue. .
If the user of the demolished house extends the transition period due to the responsibility of the demolisher, the user of the demolished house who provides the transitional housing provided by the demolisher shall pay the temporary resettlement subsidy appropriately from the month overdue.
Article 34 If the demolition of non-residential houses causes economic losses due to suspension of production or business, the demolisher may provide appropriate subsidies.
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Chapter 5 Punishment
Article 35 Anyone who commits any of the following acts shall be given a warning by the housing demolition department and ordered to stop demolition. And fines may be imposed:
(1) Demolition without obtaining a house demolition permit or failing to comply with the provisions of the house demolition permit;
(2) Entrusting a house without obtaining the qualification for house demolition The demolition of units with certificates;
(3) Raising or lowering the compensation and resettlement standards without authorization, expanding or reducing the scope of compensation and resettlement.
Article 36 If the demolisher exceeds the prescribed demolition period without justifiable reasons or extends the transition period without authorization, the housing demolition department shall give the demolisher a warning and may impose a fine.
Article 37 If the demolished person violates the agreement and refuses to vacate the turnover house, the housing demolition department shall give a warning and order him to return the turnover house within a time limit, and may also impose a fine.
Article 38 The specific measures for fines stipulated in these Regulations shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
All fines shall be turned over to the state treasury, and no unit or individual may withhold or distribute them privately.
Article 39 If the person being punished is dissatisfied with the administrative penalty decision, he may, within fifteen days from the date of receiving the penalty notice, apply for reconsideration to the authority above the authority that made the penalty decision. If the party concerned is dissatisfied with the reconsideration decision, he may file a lawsuit with the People's Court within 15 days from the date of receipt of the reconsideration decision. The parties may also file a lawsuit directly with the People's Court. If the party concerned fails to apply for reconsideration within the time limit, does not file a lawsuit with the People's Court, and fails to implement the penalty decision, the authority that made the penalty decision shall apply to the People's Court for enforcement.
Article 40 Anyone who insults or beats the person in charge of house demolition and obstructs the person in charge of house demolition from performing official duties shall be punished by the public security organs in accordance with the provisions of the Public Security Management Punishment Law; if it constitutes a crime, the judicial organ shall investigate the case in accordance with the law. responsibility.
Article 41 If a staff member of the housing demolition department neglects his or her duties, abuses his power, or engages in malpractice for personal gain, he or she shall be subject to administrative sanctions by his/her unit or the superior authority; if a crime is constituted, he shall be investigated by the judicial authorities in accordance with the law. criminal responsibility.
Chapter 6 Supplementary Provisions
Article 42 The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate implementation details in accordance with these regulations.
Article 43 The real estate administrative department of the State Council is responsible for the interpretation of these Regulations.
Article 44 These Regulations shall come into effect on June 1, 1991.