Twenty-fifth demolition of individual industrial and commercial households have their own business premises and shops, the demolition must provide land use permits, housing property certificates, industrial and commercial business licenses, according to the following provisions to give compensation:
(a) monetary demolition, such as the land use stated in the land use certificate of the homestead, the demolition compensation shall be paid according to the monetary compensation standard for residential houses, but the original housing compensation shall be calculated at 1.2 times, and no other compensation such as resettlement and payment of operating losses shall be made; For other purposes specified in its land use certificate, it shall be removed according to non-residential houses.
(2) If houses are demolished and built in a unified way, the compensation fee for demolition shall be paid according to the standards for demolition and construction of residential houses. However, the original housing compensation is calculated at 1.2 times, and no other compensation such as business loss will be arranged.
Twenty-sixth residential housing monetary demolition or unified demolition and construction, the demolition implementation unit shall pay the moving fee, transition fee,
The original room telephone, air conditioning, cable TV and other equipment removal compensation, pipeline gas removal subsidies and power capacity materials costs; For the renovation of the original house of the demolished person, the demolition implementation unit shall pay the decoration compensation fee.
Twenty-seventh residential housing demolition in advance, the demolition implementation unit shall give incentive fees, the standards and time limit according to the provisions of the municipal government announced at the same time the implementation of urban housing demolition on state-owned land.
The incentive fee for early relocation shall be calculated by the property owner, and the identification of the property owner shall be subject to the land use certificate; If there is no land use certificate, the real estate license shall prevail; If the land use certificate and house property certificate are incomplete, it shall be handled in accordance with relevant regulations.
The demolition of people to buy resettlement housing, the same project in the relocation order to participate in the selection of housing.
Chapter IV Purchase of Demolition and Resettlement Housing
Twenty-eighth residential housing units to buy resettlement housing, the implementation of property rights exchange, the purchase area in accordance with the following provisions:
(1) When the demolisher purchases the resettlement house, the purchase price consists of three parts: the original house compensation, the purchase compensation and the location compensation of the legal construction area of the demolished house. The demolished resettlement house must be purchased within the total purchase price, and other compensation fees and other self-owned funds of the demolished person shall not be used.
(two) each property owner can buy resettlement houses with a maximum area of 220 square meters. The identity of each property owner shall be subject to the land use certificate; If there is no land use certificate, the real estate license shall prevail; If the land use certificate and house property certificate are incomplete, it shall be handled in accordance with relevant regulations. Tianxia real estate law service network
(3) If it is really necessary to purchase houses outside the area specified in Item (1) of this article due to the demolition of residential houses due to the large population in the same household and the particularly difficult housing, it shall be audited by the demolition implementation unit and reported to the district and municipal demolition resettlement housing management department for approval. The per capita purchase area of each property owner of the house to be demolished shall not exceed 30 square meters, and the total purchase area shall not exceed 220 square meters as stipulated in Item (2) of this article. The population with the same household registration is the person whose household registration actually existed before the announcement of land acquisition, who actually lived and had no housing in other places. This part of the staff was produced by the demolition unit after obtaining the certificate of the street and village group where the demolition person was located, and was publicized in the village group where the demolition person was located for 5 days. If there is no objection, it can be included in the calculation of population base.
(four) the demolition must meet the conditions stipulated in the first paragraph, the second paragraph and the third paragraph at the same time, and apply for demolition and resettlement housing.
Twenty-ninth residential housing units to buy resettlement housing, the implementation of property rights exchange, the purchase price paid in accordance with the following provisions:
(1) The demolished person shall pay the purchase price according to the benchmark price of the demolished resettlement house, which shall be directly paid by the demolition implementation unit to the demolition resettlement house builder from the demolition compensation of the demolished person. If there is a balance in the compensation for the demolition, it shall be paid to the demolition by the demolition implementation unit.
(two) the price difference between the demolition and resettlement houses caused by the floor and orientation of the house shall be settled with the construction party of the demolition and resettlement houses when choosing the demolition and resettlement houses.
(three) due to housing structure and Xing Tao and other reasons. Three, residents actually buy resettlement housing with a total area of more than the purchasable area, or in accordance with the provisions of Item (3) of Article 28 of these measures, residents are approved to buy beyond the area, should be in accordance with the following standards to pay the purchase price of the part beyond the area:
If the excess area is within 10 square meter (inclusive), the purchase price of the excess area shall be calculated according to the benchmark price of the purchased resettlement house;
If the excess area is more than 10 square meter, all excess areas (including 0- 10 square meter) shall be subject to the benchmark price of the purchased resettlement house.
Increase by 50% to calculate the purchase price.
Thirtieth residential housing units to buy resettlement housing, the implementation of property rights exchange, the purchase method according to the following provisions:
(1) The demolished person shall provide the demolition compensation and resettlement agreement, the original land use certificate, the house property right certificate and the household registration certificate, truthfully fill in the Purchase Form for Demolition and Resettlement Houses in Nanjing, and report it to the demolition implementation unit for review;
(2) The demolition implementation unit shall strictly examine the purchase materials provided by the demolished person, sign the examination opinions, summarize the details according to the project, attach relevant materials, and report to the district and municipal demolition and resettlement housing management department for examination;
(3) Upon examination by the administrative department of demolition and resettlement houses in the district and city, if it meets the requirements, the Notice of Purchase of Demolition and Resettlement Houses in Nanjing will be issued, and the demolition implementation unit will hand over the demolished person as the house selection certificate. At the same time, the demolition implementation unit shall report to the municipal collective land and housing demolition management office for the record according to the project summary details.
Chapter V Demolition Award
Thirty-first demolition units and residents can not reach an agreement on compensation and resettlement, upon the application of the parties, by the Municipal Bureau of land and resources award. The ruling shall be made within 30 days from the date of accepting the application.
Thirty-second before the award, if the parties have the intention to mediate, the ruling organ shall organize the parties to mediate. After mediation, if the applicant and the respondent reach an agreement on compensation and resettlement for demolition, the ruling organ shall end the ruling; If mediation fails, the adjudication organ shall make a timely ruling. After written notice, if the party concerned refuses to participate in the hearing of the ruling, the ruling organ may rule by default.
Thirty-third if a party refuses to accept the ruling, it may apply to the Municipal People's Government for reconsideration or bring a lawsuit to the people's court according to law, and the execution of the demolition will not be stopped during the reconsideration and litigation.
Article 34 If the demolished person fails to relocate within the relocation period stipulated in the ruling, the district people's government where the house is demolished shall instruct the relevant departments to forcibly relocate, or the demolition implementation unit shall apply to the people's court for compulsory relocation according to law.
Before the implementation of compulsory demolition, the demolition implementation unit shall apply to the notary office for evidence preservation on matters related to the demolished houses.
Chapter VI Legal Liability
Thirty-fifth relevant departments and units and their staff to handle the matters listed in article twelfth, by their units or the competent department at a higher level shall be given administrative sanctions; If losses are caused, bear the corresponding liability for compensation; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-sixth national staff dereliction of duty, abuse of power, corruption in the implementation of land acquisition and demolition work, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-seventh land acquisition and demolition workers occupy, misappropriate or intercept the compensation for demolition, and shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-eighth any unit or individual shall not obstruct or destroy the land acquisition and demolition work, and shall be punished by law enforcement departments in accordance with the relevant laws and regulations of the state; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-ninth demolition units without obtaining the "Nanjing land acquisition housing demolition plan approval notice" unauthorized demolition, unauthorized expansion.
If the demolition is carried out within the approved scope, the demolition is carried out without authorization within the approved period, or the demolition is not carried out according to the regulations, the municipal and district land administrative departments shall order it to stop the demolition; The relevant responsible persons shall be given administrative sanctions by their units or higher authorities according to law; If losses are caused, bear the corresponding liability for compensation; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fortieth the demolition implementation unit fails to pay the start-up funds for the construction of demolition resettlement houses in time, and if the demolition resettlement house builder fails to build and deliver the demolition resettlement houses according to the agreed requirements, it shall bear corresponding responsibilities.
Forty-first units must be strictly in accordance with the provisions of the demolition compensation and resettlement, and shall not engage in illegal household, false number, deduction of compensation, excessive compensation and other acts. Otherwise, the responsibility of relevant units and individuals shall be investigated; If a crime is constituted, criminal responsibility shall be investigated according to law. www.law 1 1com
Article 42 The demolished person shall not forge or alter the relevant ownership certificate, lie or conceal the relevant data, and impersonate the compensation for over-area demolition. Once verified, the compensation for over-area demolition shall be returned, the resettlement house for over-area shall be cancelled, and relevant responsibilities shall be investigated; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 43 The compensation standards for land acquisition and demolition involved in these Measures shall be implemented by the Municipal Bureau of Land and Resources jointly with the Municipal Bureau of Land and Resources according to the level of economic and social development and in accordance with the Notice of the Municipal Price Bureau and the Municipal Bureau of Land and Resources on Printing and Distributing the Compensation and Resettlement Standards for Land Acquisition and Demolition in Nanjing (No.6/KLOC-0 [2004] of Ningguo Tuzi [2004] No.92).
The supply of resettlement houses for the demolition project is located within the existing highway around the city, and the compensation standard for house purchase in the compensation for residential house demolition is determined according to 70% of the benchmark price of the supply of resettlement houses for the demolition of this project; The supply of resettlement housing for demolition project is located outside the existing ring road, and the compensation standard for house purchase in the compensation for residential house demolition is determined according to 80% of the benchmark price of resettlement housing supply for this project.
The housing compensation fee for unified demolition and unified construction shall be implemented according to the compensation standards for self-demolished and self-built houses of Ningjiafang [2004] No.61and Ningguo Tuzi [2004] No.92.
Forty-fourth workers for land acquisition and demolition of houses, with the certificate issued by the demolition implementation unit, the unit should be given two days off.
Forty-fifth people who have been taken to buy resettlement houses can be exempted from deed tax on the compensation for demolition in the purchase price.
Article 46 Terms involved in these Measures shall be interpreted in accordance with the following provisions:
Demolition means indicating (using) the unit.
Demolition implementation unit refers to the specific departments designated by the district governments to implement land acquisition and demolition.
Demolition refers to the units and individuals that have the ownership of the demolished houses.
Business premises refer to places where customers receive services and directly use them for business activities, including financial, entertainment, catering, service and other places.
Non-business premises refer to other types of premises except business premises, including factories, stations, docks, warehouses, offices, schools, hospitals, welfare homes and public facilities.
Article 47 Before the implementation of these Measures, the Notice of Approval for the Implementation Plan of Land-expropriated House Demolition in Nanjing has been received, and the demolition implementation unit and the demolished person have started to sign the compensation agreement for house demolition, but the projects that have not been completely completed will still be implemented according to the original compensation for land-expropriated house demolition and affordable housing supply policy until completion.
For projects that have received the Notice of Examination and Approval for the Implementation Plan of Land-expropriated Housing Demolition in Nanjing, but the demolition implementation unit and the demolished person have not started to sign the compensation agreement for land-expropriated housing demolition, they need to re-receive the Notice of Examination and Approval for the Implementation Plan of Land-expropriated Housing Demolition in Nanjing, and implement the compensation and resettlement for land-expropriated housing demolition in accordance with these measures.
After the implementation of these measures, the newly implemented land acquisition and demolition projects shall be implemented in accordance with these measures.
Forty-eighth Jiangning District, Pukou District, Liuhe District, Lishui County, Gaochun County, the compensation and resettlement of land-expropriated houses shall be revised by the district (county) people's government in light of local actual conditions and implemented after being approved by the municipal government.
Article 49 These Measures shall come into force on March 1 day, 2065. Nanjing Municipal People's Government issued the Measures for Compensation and Resettlement for Land Expropriation and Demolition in Nanjing on April 10, 2004 (Ningfa [2004] No.93), and the relevant provisions on house demolition were abolished at the same time.
Fiftieth approach by the Municipal Bureau of land and resources is responsible for the interpretation of.