Chapter 1 General Provisions
Article 1 is to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the demolition parties, and ensure the smooth progress of the construction project Conducted in accordance with the State Council's "Regulations on the Management of Urban House Demolition" and the "Measures on the Management of Urban House Demolition in Anhui Province" and in combination with the actual situation of this city, these detailed rules are formulated.
Article 2. Due to the implementation of urban planning, the demolition of houses on state-owned land in the urban planning area of ??this city or the houses on collectively-owned land in the urban planning area requires compensation and resettlement for the demolished persons. These Terms.
Article 3 The municipal real estate administrative department shall supervise and manage the urban house demolition work in this city. The Municipal House Demolition Management Office is its agency and is specifically responsible for the daily work of house demolition management in the central city and Huangshan Scenic Area. The county real estate administrative department is responsible for the specific management of urban house demolition in the county. The real estate administrative departments of Huizhou District and Huangshan District accept the entrustment of the municipal real estate administrative department and are responsible for the specific management of demolition within their respective jurisdictions.
Relevant administrative departments such as development planning, construction, urban and rural planning, land and resources, public security, industry and commerce, justice, culture, price, city appearance, environmental protection, and urban people's governments and sub-district offices shall cooperate with each other in accordance with their respective responsibilities. , to ensure the smooth progress of urban house demolition work.
Chapter 2 Demolition Management
Article 4 The demolisher shall obtain a house demolition permit before carrying out demolition. To apply for a house demolition permit, apply to the municipal real estate administrative department if it belongs to the central city (including Huangshan Scenic Area), or apply to the real estate administrative department of the district or county where the house is located, and submit the following materials:
( 1) Construction project approval documents;
(2) Construction land planning permit;
(3) State-owned land use rights approval documents;
(4) Demolition plan and demolition plan;
(5) Demolition compensation and resettlement fund certificate issued by the financial institution that handles deposit business.
The demolition plan stipulated in item (4) of the preceding paragraph includes the scope, method and time limit of demolition; the demolition plan includes the status of the demolished houses, the estimated costs of various compensations and subsidies, and the resettlement of property rights exchange houses. Standards, graphic design and location of new resettlement houses, temporary transition methods and specific measures, etc. The deposit amount of demolition compensation and resettlement funds stipulated in Item (5) shall not be less than the total construction area of ??the demolished houses multiplied by the monetary compensation base price of houses of the same nature in the same location in the previous year, and the houses used by the demolished persons for property rights exchange Can be included in the trade-in.
The real estate administrative department shall review the application for house demolition within 30 days from the date of receipt, and issue a house demolition permit to those who meet the conditions; to those who do not meet the conditions, return the application and explain the reasons.
Article 5 When issuing a house demolition permit, the real estate administrative department shall publish the name of the construction project, demolisher, demolition scope, and demolition period stated in the house demolition permit in the form of a house demolition announcement. , demolition compensation and resettlement standards and other matters.
The real estate administrative departments and residents should do a good job of publicity and explanation to residents in a timely manner.
Article 6 The demolisher shall carry out house demolition within the scope and time limit specified in the house demolition permit. If it is really necessary to expand or reduce the scope of demolition or extend the period of demolition, the demolisher shall apply to the real estate administrative department.
The real estate administrative department shall conduct an review within 10 days from the date of acceptance of the application. If the conditions are met, the house demolition license shall be changed and the relevant contents of the changed house demolition license shall be announced; for those who do not meet the conditions, , return the application and explain the reasons.
The maximum demolition period stipulated in the house demolition permit is 1 year. If the demolisher applies for an extension, the extension period shall not exceed 1 year.
Article 7 Before demolishing a house on its own, the demolisher shall go through the construction project demolition approval procedures with the real estate administrative department where the house is located. Demolition is not allowed without approval.
Article 8 The demolisher may demolish by himself or entrust a unit with demolition qualifications (hereinafter referred to as the demolition unit) to carry out the demolition. The real estate administrative department shall not act as the demolisher or accept the demolition entrustment.
The implementation of house demolition shall comply with laws and regulations such as city appearance, environmental protection, construction safety, etc., implement civilized and safe construction, and keep the environment clean and tidy.
Article 9 If the demolisher entrusts demolition, he shall issue a letter of entrustment to the entrusted demolition unit and sign a demolition entrustment contract. The demolisher shall submit the demolition entrustment contract to the real estate administrative department for record within 5 days from the date of conclusion of the demolition entrustment contract.
The entrusted demolition unit shall not transfer the demolition business.
Article 10: After the real estate administrative department publishes a house demolition announcement and determines the scope of demolition, units and individuals within the scope of demolition shall not engage in the following activities:
(1) New construction, expansion, Remodeling a house;
(2) Changing the use of the house and land;
(3) Renting a house.
While issuing a house demolition announcement, the real estate administrative department shall 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 period of suspension. The suspension period shall not exceed one year; if the demolisher needs to extend the suspension period, it shall obtain approval from the real estate administrative department, and the extension of the suspension period shall not exceed one year.
During the suspension period stipulated in the written notice of the real estate administrative department, the relevant procedures for handling the matters listed in paragraph 1 of this article are invalid and shall not be used as the basis for demolition compensation and resettlement.
Article 11 The demolishers and the demolished persons shall sign a demolition compensation and resettlement agreement in accordance with the provisions of these rules within the demolition period specified in the house demolition permit. The demolition compensation and resettlement agreement shall include the following contents:
(1) Demolition compensation method, monetary compensation amount and payment period;
(2) Area, standard and location of the resettlement house;
(3) Payment method and time limit for the price difference of property rights exchange house;
(4) Relocation period, relocation transition method and transition period;
(5) Relocation subsidy and temporary resettlement subsidy;
(6) Liability for breach of contract and dispute resolution methods;
(7) Other terms agreed upon by the parties.
The demolition compensation and resettlement agreement shall be in accordance with the model text formulated by the construction administrative department of the Provincial People's Government for reference by the demolition parties.
Article 12 Demolition and demolition unit personnel engaged in demolition work shall pass relevant legal and business knowledge training and assessment, and obtain a house demolition staff certificate issued by the municipal real estate administrative department before they can Engaged in house demolition work.
Article 13 House demolition shall be undertaken by a construction unit that has the conditions to ensure safety. The construction unit shall hold a third-level or above general contracting qualification for construction projects issued by the construction competent department or a professional qualification for blasting and demolition. The person in charge of the construction unit shall be responsible for the safety of the house demolition site.
The demolisher or the demolition unit must go to the real estate administrative department to handle relevant procedures before house demolition, and submit the entrusted demolition construction contract to the real estate administrative department for record.
Article 14 After the demolition compensation and resettlement agreement is signed, if the demolished person or lessee refuses to move within the relocation period, the demolished person may apply to the arbitration committee for arbitration in accordance with the law, or file a lawsuit with the People's Court in accordance with the law. litigation. During the litigation, the demolisher may apply to the People's Court for execution in accordance with the law.
Article 15 If the demolition parties cannot reach a demolition compensation and resettlement agreement, upon application by the parties, the real estate administrative department may make a ruling in accordance with the law. The real estate administrative department is the one responsible for the demolition, and the decision shall be made by the people's government at the same level. The adjudication authority shall make a written ruling within 30 days from the date of receipt of the adjudication application; before making the decision, the adjudication authority shall fully listen to the opinions of the demolition parties.
If the demolition parties are dissatisfied with the ruling, they may apply for administrative reconsideration or file an administrative lawsuit with the People's Court in accordance with the law. Except for situations where the execution needs to be suspended according to law, if the demolisher has provided monetary compensation to the demolished persons or provided demolition resettlement housing or turnover housing in accordance with the provisions of these detailed rules, the execution of the demolition will not be suspended during the review and litigation period.
Article 16 If the demolished person or lessee fails to relocate within the relocation period stipulated in the ruling, if it belongs to the central urban area (including Huangshan Scenic Area), the Municipal People's Government shall instruct the relevant departments to forcibly relocate, and it belongs to the central urban area (including Huangshan Scenic Area). In each district or county, the people's government of the place where the house is located shall instruct the relevant departments to force the relocation, or the real estate administrative department shall apply to the people's court for forced relocation in accordance with the law.
Before implementing compulsory demolition, the demolisher shall submit relevant information about the demolished house to the notary office for evidence preservation.
Article 17 The municipal, district and county people's governments instruct relevant departments to carry out compulsory demolition in accordance with the following provisions:
(1) The demolisher applies to the real estate administrative department for compulsory demolition;< /p>
(2) The real estate administrative department shall conduct an on-site inspection within 10 days from the date of receipt of the application for compulsory demolition, put forward opinions on compulsory demolition, attach the house demolition permit, ruling and other relevant materials, and report to the same level People's Government;
(3) The municipal, district and county people's governments shall conduct a review within 10 days from the date of receipt of the opinion on forced demolition, make a decision on forced demolition if the conditions are met, and instruct the property management, City planning, public security, urban people's government, sub-district offices and other departments organize personnel to implement forced demolition;
(4) The real estate administrative department shall notify the parties involved in the demolition 7 days before the implementation of forced demolition;
< p>(5) When implementing compulsory demolition, the real estate administrative department shall prepare a record to record the process of forced demolition and the demolished property, which shall be signed by the executor and the person subject to execution; if the person subject to execution refuses to sign, it shall be noted in the record.Article 18: During the relocation period specified in the demolition compensation and resettlement agreement or ruling, the demolisher shall not stop the water supply, power supply, gas supply, etc. to the demolished persons that affect their production and life.
The demolished persons shall not damage or dismantle the facilities of the demolished houses.
Article 19 If the demolition of urban houses involves the relocation of public facilities or various pipelines, the owner shall relocate by himself within the demolition period specified in the house demolition permit, and the required relocation costs shall be compensated by the demolisher.
Article 20 The demolition of buildings involving military facilities, churches, temples, cultural relics and historic sites shall be carried out in accordance with the provisions of relevant laws and regulations.
Article 21 If the transfer of the demolition, compensation and resettlement construction project has not been completed, the transferee shall provide the demolition compensation and resettlement fund certificate specified in Item (5) of Article 4, Paragraph 1, of these detailed rules. The administrative department agrees to go through the procedures for changing the house demolition permit. The real estate administrative department shall publish the relevant contents of the changed house demolition permit.
After a construction project that has not yet completed demolition, compensation and resettlement is transferred in accordance with the law, the relevant rights and obligations in the original demolition, compensation and resettlement agreement will be transferred to the transferee. The project transferor and transferee shall notify the demolished person in writing and make an announcement within 30 days from the date of signing the transfer contract.
Article 22 Demolition compensation and resettlement funds shall be used for house demolition compensation and resettlement and shall not be used for other purposes.
The demolisher should sign a supervision agreement on the use of demolition compensation and resettlement funds with the real estate administrative department and financial institutions, * * * deposit the guaranteed funds into the financial institution, and use them exclusively for demolition compensation and resettlement. Use is subject to approval by the real estate administrative department.
Article 23 The real estate administrative department shall collect the following house demolition information and establish house demolition files:
(1) Relevant approval documents for house demolition and construction;
(2) Demolition plan, demolition plan and adjustment materials;
(3) Copy of the entrusted demolition contract;
(4) Administrative law enforcement documents during the demolition process ;
(5) Other files related to demolition.
Chapter 3 Demolition Compensation and Resettlement
Article 24 Compensation for house demolition can be monetary compensation or house property rights exchange. Unless otherwise provided by laws and regulations, the demolished persons have the right to choose the method of compensation for demolition.
Article 25 The amount of monetary compensation for demolished houses shall be determined based on the real estate market assessment price. The real estate market evaluation price is determined by a legally qualified real estate evaluation agency based on the monetary compensation benchmark price announced by the Municipal People's Government, combined with factors such as the location, use, building area, building structure, innovation and other factors of the demolished house. The specific method is in accordance with the Provincial People's Government Construction Implement regulations formulated by administrative departments.
The real estate valuation agency shall be determined by the demolition parties through negotiation; if the negotiation fails, it shall be randomly determined by the real estate administrative department. The cost of the assessment is borne by the resident.
The benchmark price of monetary compensation shall be determined by the municipal real estate administrative department in conjunction with the price and land administrative departments, submitted to the Municipal People's Government for approval, and announced before January of each year.
Compensation for houses on collective land under the circumstances specified in Article 2 of these Implementation Rules shall be implemented in accordance with the following principles:
(1) For houses in areas that do not have the conditions for further approval of homesteads The demolished persons, or the demolished persons who meet the conditions for further examination and approval of homestead land but do not need the homestead land, shall receive monetary compensation or property rights exchange in accordance with the provisions of paragraph 1 of this article.
(2) Residents who meet the conditions for further approval of homestead sites can apply for further approval of homestead sites, but only the legal portion of the demolished houses will be compensated. The amount of compensation is determined by a legally qualified real estate appraisal agency based on the construction area (legal part) of the demolished house and the replacement price of the house.
(3) The replacement prices of various types of houses shall be determined by the municipal real estate administrative department in conjunction with the price administrative department, reported to the Municipal People's Government for approval, and announced before January each year.
Article 26: The real estate market assessment price disclosure system shall be implemented for house demolition. The real estate appraisal agency shall publish main information such as the name of the person being demolished, the house number of the house to be demolished, valuation factors, valuation basis, valuation price, etc. in the demolition area. The release time shall not be less than 10 days.
Article 27 If the demolition parties have objections to the evaluation results, they may apply for evaluation to the real estate administrative department where the house is located within 10 days from the date of receipt of the evaluation results. The real estate administrative department shall A real estate appraisal committee will be established within 10 days from the date of the appraisal application to conduct the appraisal. The Real Estate Appraisal Committee is composed of registered real estate appraisers, appraisers recognized by the construction administrative department of the Provincial People's Government and relevant legal experts.
The experts specified in the preceding paragraph shall be randomly selected by the real estate administrative department from the list of experts established by the construction administrative department of the Provincial People's Government.
If the demolition party applies for appraisal, the appraisal conclusion shall be used as the basis for the ruling of the adjudication agency; if no appraisal is applied for, the appraisal result shall be used as the basis for the adjudication agency; the appraisal fee shall be borne by the appraisal applicant.
Article 28 The purpose and construction area of ??the demolished house shall be based on the purpose and construction area marked on the real estate ownership certificate of the demolished house. If the purpose of the house is not specified in the property rights certificate and property files, the purpose of the house can only be determined after the property owner applies for it, the planning department agrees, and the relevant procedures are completed with the real estate property registration department. If there is any objection to the confirmation of the use of the house, it shall be confirmed by the real estate administrative department.
On April 1, 1990, the "Urban Planning Law of the People's Republic of China" has changed the use of the house, and it will continue to be used according to the changed use. Upon application by the house owner, if the registration is changed by the administrative department responsible for house property registration, the purpose after the change will be determined.
Article 29: When house property rights are exchanged, the demolisher shall provide the demolished persons with resettlement houses with no less than the original building area of ??the demolished houses. According to the provisions of Article 25, the compensation amount of the demolished houses and the price of the resettlement houses shall be calculated, and the property rights exchange difference shall be settled.
The resettlement houses provided by residents should comply with national quality and safety standards; if they are newly built resettlement houses, they should meet the requirements of the design specifications and pass the acceptance inspection.
Article 30: If the demolished persons belong to families with special difficulties in life, and the per capita building area of ??the demolished residential houses is lower than the per capita building area of ??the district or county where they are located (based on the previous year's standard announced by the statistics department), When implementing property rights exchange, the demolished persons shall provide houses with a per capita building area not less than that of the district or county where they are located as resettlement houses. If the price of the resettlement house is higher than the price of the demolished house, the price difference between the demolished house and the resettlement house will not be settled.
The extremely poor households referred to in the preceding paragraph refer to urban residents who enjoy minimum living security benefits in accordance with relevant national and provincial regulations.
Article 31 When public welfare houses are demolished, the demolishers shall rebuild them in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or provide monetary compensation.
When the attachments of non-publicly owned houses are demolished, property rights will not be exchanged, and the demolisher will provide monetary compensation.
Article 32: When a leased house is to be demolished, the demolisher shall terminate the lease relationship with the lessee, or the demolisher shall resettle the lessee, and the demolisher shall compensate the demolished person.
If the demolished person and the lessee fail to reach an agreement on terminating the lease relationship, the demolished person shall exchange the property rights of the demolished person. If the house whose property rights are exchanged is rented by the original lessee, the person being demolished shall enter into a new house lease contract with the original lessee.
Article 33 When public houses are demolished, the lessee of the house shall have the right to purchase in accordance with the housing reform policy. After the lessee purchases the house, the demolisher shall compensate and resettle the demolished persons in accordance with the law. If the lessee does not enjoy the right to purchase a house as stipulated in the housing reform policy, and has not reached an agreement to terminate the lease relationship with the person being demolished, the person being demolished should exchange the property rights of the person being demolished. If the house subject to property rights exchange is leased by the original lessee, the person being demolished shall enter into a new house lease contract with the lessee.
Article 34: When a house managed by the real estate administrative department is demolished, the user of the managed house shall exchange the property rights of the house; if there is no user of the managed house, the trustee shall choose compensation and resettlement Way.
If the custodian chooses to exchange the property rights of the house, the house with the property rights exchanged will still be managed by the custodian; if the custodian chooses monetary compensation, the monetary compensation amount will be deposited in the bank from the custodian's special account.
Article 35 The demolition of mortgaged houses shall be carried out in accordance with national laws on guarantees.
Article 36: If the house to be demolished has any of the following circumstances, the demolisher shall propose a demolition compensation and resettlement plan, and the demolition can only be implemented after being reviewed and approved by the real estate administrative department:
(1) There are property rights disputes;
(2) The whereabouts of the property owner are unknown;
(3) House * * * Some people cannot reach an agreement on the method of compensation for demolition .
Before demolishing a house under the circumstances listed in the preceding paragraph, the demolisher shall apply to the notary public for evidence preservation on matters related to the demolished house.
Article 37 The owners of illegal buildings within the scope of demolition and temporary buildings that have exceeded the approved period shall demolish them by themselves within the demolition period specified in the house demolition permit. No compensation will be given for the demolition of illegal buildings and temporary buildings that have exceeded the approved period; for the demolition of temporary buildings that have not exceeded the approved period, appropriate compensation should be given based on the project cost and remaining period of the demolished building.
Article 38 If the property rights of demolished houses are exchanged, the transition period for residential houses shall not exceed 08 months, and the transition period for non-residential houses shall not exceed 24 months. The demolisher shall complete the resettlement of the demolished persons or lessees within the prescribed transition period.
The transition period for the demolition of residential houses and turnover houses can be solved by the demolition party or the house lessee, or can be provided by the demolition party. The demolished person or lessee has the right to choose the transition method, and the demolished person shall not force or refuse. If the demolisher provides a turnover house, the demolished person or lessee shall vacate the turnover house within 4 months after receiving the resettlement house.
Article 39 The demolisher shall pay relocation subsidies to the demolished residential houses or house lessees. The specific standard of relocation subsidy shall be determined by the municipal real estate administrative department in conjunction with the price administrative department, submitted to the Municipal People's Government for approval, and announced before 1+0 every year.
If the property rights of the house are exchanged, the demolisher or the lessee shall pay the relocation subsidy again when the demolished turnover house is transferred to the resettlement house.
Article 40 During the transition period, if a residential house is demolished or the house lessee settles the transitional housing on its own, the demolisher shall pay temporary resettlement subsidies from the month of relocation to 4 months after being resettled. ; If the demolisher fails to provide resettlement housing beyond the transition period, the temporary resettlement subsidy will be paid at twice the original standard starting from the month of overdue.
For demolition of transitional housing, temporary resettlement subsidies will no longer be paid. If the demolisher fails to provide resettlement housing after the transition period, in addition to continuing to provide turnover housing, the temporary resettlement subsidy will be paid according to the prescribed standards starting from the month of overdue.
The temporary resettlement subsidy is determined based on the average price of local rental houses and demolished houses of similar area and location. The specific standards are determined by the municipal real estate administrative department together with the price administrative department, submitted to the Municipal People's Government for approval, and announced before January of each year.
Article 41 When non-residential houses are demolished, the demolisher shall compensate the demolished person or the lessee of the house for the following expenses:
(1) According to the goods transportation price stipulated by the state and the province Equipment relocation and installation costs calculated based on the equipment installation price;
(2) Equipment that cannot be restored to use will be combined into new settlement costs based on the replacement price;
(3) Equipment caused by demolition If production and business are suspended, appropriate compensation will be given.
The specific standard of compensation fees stipulated in the preceding paragraph shall be determined by the municipal real estate administrative department in conjunction with the price administrative department, reported to the Municipal People's Government for approval, and announced before 1+0 every year.
Article 42 If monetary compensation is implemented, in addition to settling the monetary compensation in accordance with the provisions of Article 25 of these rules, the demolisher shall also pay the following house demolition costs:
One-time relocation allowance;
(2) Temporary resettlement subsidy for three months;
(3) Three months of loss due to suspension of production and business (limited to production, operation, and office buildings) .
Article 43 After the demolition compensation and resettlement are completed, the demolisher shall hand over the real estate certificate of the house to be demolished, and the demolisher shall hand it over to the administrative department responsible for the registration of house property rights for cancellation procedures. .
Residential houses purchased with monetary compensation and residential houses whose property rights are exchanged with the same construction area as the demolished houses are exempt from relevant taxes and fees when applying for real estate certificates.
Chapter 4 Punishment
Article 44 Anyone who commits any of the following acts shall be punished by the real estate administrative department in accordance with the provisions of the "Urban House Demolition Management Regulations":
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(1) Carrying out house demolition without obtaining a house demolition permit;
(2) Obtaining a house demolition permit by deceptive means;
(3) Failure to carry out demolition in accordance with the scope of demolition determined in the house demolition permit; (4) Entrusting units without demolition qualifications to carry out demolition; (5) Extending the demolition period without authorization ;
(6) The entrusted demolition unit transfers the demolition business.
Anyone who commits any of the acts listed in the preceding paragraph and causes property losses to the person being demolished or the lessee of the house shall be liable for compensation in accordance with the law.
Article 45 If a real estate appraisal agency fails to appraise the demolished house in accordance with the provisions of these rules, the appraisal result will be invalid, and the real estate administrative department will order a revaluation and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan. The following fines shall be imposed; if the circumstances are serious, the applicant shall be required to apply to the department that issued the qualification certificate to lower the qualification level or cancel the qualification.
If a real estate appraisal agency commits any of the acts listed in the preceding paragraph and causes property losses to the demolition parties, it shall be liable for compensation in accordance with the law.
Article 46 If the real estate administrative department and its staff commit any of the following acts, the directly responsible person in charge and other directly responsible persons shall be given a warning or a demerit; if the circumstances are serious, a demerit shall be given up to and including removal from office; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) Issuing a house demolition permit and other approval documents in violation of regulations;
(2) Issuing a house demolition permit Failure to perform supervision and management duties or failure to investigate and deal with illegal activities in accordance with the law after obtaining approval documents such as certificates;
(3) Failure to issue a house demolition announcement in accordance with the provisions of these rules;
(4) As The demolisher may be entrusted to carry out the demolition;
(5) Illegal demolition ruling;
(6) Illegal forced demolition.
Anyone who commits any of the acts listed in the preceding paragraph and causes property losses to the demolition parties shall bear liability for compensation in accordance with the law.
Chapter 5 Supplementary Provisions
Article 47 If houses are demolished on land outside the urban planning area and compensation and resettlement are required, these detailed rules shall be followed.
Article 48 stipulates separately the compensation standards for various types of house accessories and house decoration.
Article 49 The municipal real estate administrative department is responsible for the interpretation of these detailed rules.
Article 50 These detailed rules shall come into effect from the date of issuance, that is, the "Interim Measures for the Management of Urban House Demolition in Huangshan City" issued by the former Huangshan Municipal Government on October 29, and the "Interim Measures for the Management of Urban House Demolition in Huangshan City" issued on March 30, 2000. "Implementation Rules for House Demolition in Old City Renovation in Huangshan City Center District", Huangshan Real Estate Administration Bureau (Huangfangguan [2001] No. 66)
December 31, 2003
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