(No.146)
The "measures" for the administration of urban house demolition in Benxi City have been considered and adopted at the 59th executive meeting of the 14th People's Government of Xixi City, Japan on June 30th, 20 10, and are hereby promulgated and shall come into force as of August 5th, 20/kloc-0.
Mayor of Wang Shiwei?
20 10 July 3rd
Measures of Benxi Municipality on the Administration of Urban Housing Demolition
Article 1 In order to ensure the smooth progress of construction projects and protect the legitimate rights and interests of the parties to be demolished, these Measures are formulated in accordance with the provisions of the State Council's Regulations on the Administration of Urban Housing Demolition, the Measures for the Administration of Urban Housing Demolition in Liaoning Province and other laws and regulations, combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the demolition of houses on state-owned land within the urban planning area of this Municipality, which requires compensation and resettlement for the people to be demolished.
The term "house demolition" as mentioned in these Measures refers to the act of recovering the right to use state-owned land and demolishing houses on the land according to law due to the implementation of urban planning or other public interests.
Article 3 The term "demolisher" as mentioned in these Measures refers to the unit that has obtained the house demolition permit according to law.
The term "demolition" as mentioned in these Measures refers to the owner of the house to be demolished.
Fourth Benxi City Land Reserve Committee unified leadership of the city's state-owned land on urban housing demolition work.
The municipal administrative department of planning and construction is the administrative department in charge of house demolition (hereinafter referred to as the municipal administrative department of house demolition), and its demolition management office is responsible for the daily management and comprehensive coordination of house demolition on the state-owned land in the city and the physical quantity investigation in the demolition area; Organize the district government to carry out the relocation, and conduct business guidance and supervision on the relocation work.
The district governments and the administrative committee of Benxi Economic and Technological Development Zone set up a house demolition management organization, cooperated with the municipal house demolition management department to conduct a physical survey, worked out a compensation plan for house demolition and resettlement, and carried out the preliminary land consolidation work.
District relocation service agencies are responsible for the signing of the house relocation agreement, house relocation and resettlement compensation for the people who have been demolished within their respective jurisdictions.
The municipal finance department is responsible for raising, dispatching, managing and supervising the relocation funds, and verifying the results of the physical quantity survey in the relocation area.
The municipal audit department is responsible for accepting reports and complaints about the results of physical quantity verification, auditing the verification results and issuing audit reports.
Comprehensive law enforcement departments in accordance with the requirements of planning control, the implementation of daily supervision and inspection, found that illegal construction in a timely manner to stop, according to the law and notify the relevant competent departments; In violation of the provisions of urban planning and urban construction management, administrative punishment shall be given according to law; Demolition of illegal buildings.
The supervision department is responsible for the administrative supervision of relocation management, and the responsible person who violates administrative discipline shall be dealt with according to law.
City land and resources, real estate, justice, public security, industry and commerce departments and township (town) government, street offices and electric power, communications, cable television, heating, water supply, gas supply and other units shall, according to their respective responsibilities, cooperate with each other to ensure the smooth progress of house demolition.
Fifth residents should be taken in accordance with the provisions of these measures for compensation and resettlement; The demolished person and the lessee of the demolished house shall cooperate with the demolished person to complete the relocation within the time limit agreed in the relocation agreement.
Sixth in accordance with the land reserve plan, the planned demolition area is controlled and managed, and the municipal housing demolition management department shall notify the relevant departments in writing to suspend the following matters:
(a) account migration, household, but born, married, demobilized or demobilized servicemen, released from prison or released from reeducation through labor, and college graduates back to their original places of residence and other household migration;
(two) the new business license of enterprises and individual industrial and commercial households;
(3) Building, rebuilding and expanding houses;
(four) change the nature of housing use and land use;
(5) land use procedures.
During the control period, the district government and relevant township (town) governments and sub-district offices shall stop and deal with illegal acts of looting and construction, and hand them over to comprehensive law enforcement departments for legal treatment.
Seventh city housing demolition management agencies responsible for the physical quantity survey planning control area.
City housing demolition management agencies in conjunction with the municipal real estate administrative departments on-site identification of state-owned land and housing ownership certificates, in conjunction with the district government on-site identification of the original collective land and housing ownership certificates.
The municipal real estate administrative department is responsible for determining whether the ownership certificate of state-owned land and housing is legal and valid; The district government is responsible for determining whether the original collective land and housing ownership certificate is legal and valid.
Article 8 The municipal finance department shall, jointly with the supervision and auditing departments, entrust a qualified assessment agency to verify the results of the physical quantity survey in the planned control area, and the verification ratio shall not be less than 30%.
If the difference between the results of the physical quantity survey and the verification results is less than 2%, the main person in charge and the person directly responsible of the physical quantity survey unit will be rewarded according to 2‰ of the total value of the verification results; If the difference between the results of the physical investigation and the verification results is more than 5%, the supervisory department shall investigate the responsibility of the main person in charge and the person directly responsible, and reward the verification department according to the proportion of the difference of 50%.
Article 9 The investigation results of the municipal relocation management organization and the verification results of the municipal finance department shall be publicized in the planned control area for more than 7 days and subject to social supervision.
Any unit or individual has the right to report the results of physical quantity verification. After the audit by the audit institution, if the difference between the verification results and the audit results exceeds 2%, the whistleblower shall be given an appropriate reward; According to the entrustment agreement, the verification and evaluation institution shall be liable for compensation according to the proportion of 50% of the difference.
Tenth district relocation management agencies shall, according to the results of the physical survey, prepare the relocation compensation and resettlement plan, and report it to the Municipal Land Reserve Committee for approval, and the district relocation service agencies will implement the relocation.
Eleventh district demolition service agencies to implement the demolition, shall submit the following materials to the municipal housing demolition management department, for housing demolition permit:
(a) the approval document of the construction project;
(two) the construction land planning permit;
(three) the approval document of the right to use state-owned land;
(four) the application for house demolition, the demolition plan and the demolition compensation and resettlement plan;
(five) the plan of the relocation scope;
(six) the deposit certificate of the demolition compensation and resettlement funds;
(seven) other documents and materials that need to be provided.
If the house needs to be demolished due to the implementation of land reserve, the applicant shall provide the approval documents of the municipal government on the reserve and the materials specified in items (4), (5) and (6) of the preceding paragraph.
Twelfth city housing demolition management department shall, within 5 days from the date of issuing the housing demolition permit, publicize the name of the construction project, demolition, demolition scope, demolition period, demolition compensation and resettlement plan. , published in the form of announcement in Benxi Daily and within the scope of relocation.
The relocation period refers to the start and end date of house relocation, and the relocation period is determined according to the relocation scale and the nature of the relocation project.
City, district housing demolition management departments and residents should be taken to the demolition, housing tenants to do a good job of publicity and explanation.
Thirteenth relocation shall be carried out in accordance with the scope and time limit stipulated in the house demolition permit. But need to extend the time limit, the demolition should be in 15 before the expiration of the time limit to the city housing demolition management department to submit a written application; City housing demolition management department shall give a reply within 10 days from the date of receiving the application for extension.
Fourteenth relocation parties shall sign the relocation compensation and resettlement agreement within the relocation period specified in the relocation announcement. The demolition compensation and resettlement agreement shall include the following contents:
(a) the ownership, address, area, use, structure, floor, demolition period and compensation method of the house to be demolished;
(2) Where monetary compensation is implemented, the compensation standard, compensation amount, subsidy amount, settlement method and payment term shall be specified;
(three) the implementation of property rights exchange, it should be clear about the ownership of resettlement housing, resettlement location, construction area, use, structure, relocation transition period and method, property rights exchange price difference, price difference settlement method and payment period;
(four) the liability for breach of contract and the way to solve the dispute;
(five) other provisions that need to be concluded by the parties to the demolition.
Demolition of public residential housing, the demolition should be taken and the lessee signed a demolition compensation and resettlement agreement.
Fifteenth after the signing of the demolition compensation and resettlement agreement, the demolition or public rental housing tenant refuses to move within the prescribed relocation period, the demolition can apply for arbitration or bring a lawsuit according to law. During the litigation, the person being demolished may apply to the people's court for execution according to law.
Sixteenth parties failed to reach an agreement on compensation and resettlement within the time limit stipulated in the demolition notice, upon the application of the parties, the municipal housing demolition management department shall make a ruling according to law.
If a party refuses to accept the ruling, it may apply for administrative reconsideration or bring a lawsuit according to law. If the demolished person has given monetary compensation to the demolished person or the lessee of public housing or provided housing for resettlement, the execution of the demolition ruling will not be stopped during the litigation.
Seventeenth residents shall not change the original water supply, power supply, heating, gas supply and other basic living conditions of the residents and the lessee. However, if the supply must be stopped for security reasons, the demolished person shall report to the municipal housing demolition management department for approval five days in advance, and take corresponding measures to ensure the basic needs of the demolished person and the lessee who has not moved the house.
Eighteenth after the conclusion of the demolition compensation and resettlement agreement, the person to be demolished shall hand over the house ownership certificate to the person to be demolished, and the person to be demolished shall go through the formalities for cancellation of property rights.
Nineteenth demolition of housing construction area and the nature of the use of housing ownership registration book records shall prevail.
Article 20 If the demolished person or public housing tenant fails to move within the relocation period stipulated in the ruling, the municipal housing demolition management department shall apply to the people's court for compulsory execution in accordance with the prescribed procedures or draw the municipal government to instruct the district government or the municipal comprehensive law enforcement department to dismantle it according to law.
Twenty-first municipal public facilities construction projects need to relocate houses, in accordance with the principle of relocating land first and handling disputes later. If the relocation parties fail to reach an agreement on relocation compensation and resettlement within the specified relocation period, the relocated people and their superior competent units shall obey the needs of construction, do a good job in evidence preservation, and move on schedule according to the engineering requirements without affecting the normal use of public facilities in non-relocation areas.
Twenty-second people who have been demolished and public housing tenants must keep the demolished houses in good condition when moving, and shall not damage the housing facilities and cause losses, and shall be liable for compensation.
Twenty-third houses to be demolished in any of the following circumstances, the demolition compensation and resettlement program proposed by the demolition. After 7 days of publicity in Benxi Daily, the demolition was approved by the municipal housing demolition management department:
(a) there is a property right dispute;
(two) the whereabouts of the property owner is unknown;
(three) temporarily unable to determine the owner of property rights.
Twenty-fourth demolition of housing with mortgage, the demolition should inform the mortgagee.
Twenty-fifth demolition of houses in any of the following circumstances, the demolition shall apply to the notary public for notarization:
(a) the administrative department of real estate escrow;
(two) there is a dispute over property rights;
(three) the whereabouts of the property owner is unknown;
(four) temporarily unable to determine the owner of property rights;
(5) Forced relocation;
(6) collateral.
Twenty-sixth housing demolition compensation and resettlement funds should be used for housing demolition compensation and resettlement, and shall not be used for other purposes. City housing demolition management department and the municipal finance department to implement the whole process of audit and supervision of the use of compensation and resettlement funds.
Twenty-seventh people must establish and improve the demolition files, and transfer the demolition information to the municipal housing demolition management department.
Article 28 If the relocation service agencies in various districts fail to complete the relocation within the time limit specified in the relocation permit, the municipal finance department will deduct it from the land income allocated to the district government according to the standard of 6,543,800 yuan per day; If the relocation is completed in advance, the municipal finance department will reward it according to the standard of 654.38+ 10,000 yuan per day.
Twenty-ninth residential housing demolition can be monetary compensation, but also the implementation of property rights exchange. People who have been demolished have the right to choose specific compensation and resettlement methods.
Thirtieth residential housing monetary compensation standards, according to the city real estate administrative departments announced the last year and the relocation area of the same land level ordinary commodity housing average sales price to determine; If there is any objection, a qualified assessment agency may be entrusted to assess and determine the building area, decoration, structure, novelty and environment of the residential house. The calculation formula of monetary compensation amount is as follows:
Monetary compensation amount = monetary compensation standard for residential houses × construction area of demolished residential houses
Thirty-first demolition of residential housing construction area of less than 45 square meters, the demolition should be in accordance with the monetary compensation standard of 40% of the demolition area subsidies. The calculation formula is as follows:
Difference area subsidy =40% monetary compensation standard ×(45 square meters-demolition residential construction area)
Thirty-second the implementation of property rights exchange, can be implemented in the relocation area to exchange faster, can also be implemented in different places to exchange existing homes.
Houses with property rights exchange shall be resettled according to the construction area of the demolished houses, that is, 45 square meters for the first-class apartment, 60 square meters for the second-class apartment and 80 square meters for the third-class apartment. The resettlement housing area is close to the top, with an allowable error of 5 square meters.
The price difference between the resettlement house and the house to be demolished shall be settled through consultation between the demolisher and the demolished person according to the monetary compensation standard.
Thirty-third resettlement houses with elevators, according to the following standards to reduce the area difference of the demolition:
(1) If the unit is equipped with elevators, the first type of apartment will be reduced by 3 square meters, the second type by 4 square meters, and the third type by 5 square meters;
(2) If the unit is equipped with two elevators, the first type of apartment will be reduced by 6 square meters, the second type by 7 square meters and the third type by 8 square meters.
Thirty-fourth relocation transition period, the relocation of people in accordance with the following standards to pay temporary rental subsidies to the relocated people:
(a) the relocation of housing construction area of 45 square meters, each household monthly subsidies in 400 yuan;
(two) the relocation of housing construction area of more than 45 square meters less than 60 square meters, each household monthly subsidies in 600 yuan;
(three) the relocation of housing construction area of more than 60 square meters, each household monthly subsidies in 800 yuan.
If monetary compensation is implemented, a temporary rental subsidy of 3 months will be given, which will be paid in one lump sum; The relocation transition period of property right exchange is 27 months, which will be paid quarterly after signing the relocation compensation and resettlement agreement. If the relocation transition period is exceeded, it will be increased by 20% on the basis of the standards stipulated in the preceding paragraph.
Thirty-fifth relocation of public housing, public housing tenant to buy the property, compensation and resettlement in accordance with the provisions of article twenty-ninth.
When the public housing is relocated, the owner of the relocated house terminates the lease relationship with the lessee of the public housing, or when the owner of the relocated house moves the lessee of the public housing, the demolisher shall compensate and resettle the relocated person.
If the owner of the demolished public housing and the lessee of the public housing cannot reach an agreement to terminate the lease relationship, the demolished person shall exchange the property rights of the house with the owner of the demolished house, and the house for property rights exchange shall be rented by the original public housing lessee.
Demolition of private rental housing, the demolition of housing owners only compensation and resettlement.
Demolition of residential houses with some private property rights shall be based on the proportion of public property rights and private property rights, and monetary compensation shall be distributed to the owners and tenants of public houses.
Article 36 Where the cable TV and communication facilities of the demolished person or the lessee of public housing need to be relocated, the demolished person shall bear the compensation for the relocation expenses in accordance with the relevant provisions.
Article 37 The relocated person shall pay a one-time relocation subsidy (including lost time) to the relocated person or public housing tenant according to the standard of 1000 yuan per household.
Thirty-eighth houses without property rights that meet the following conditions in the relocation area shall be subsidized by the relocated people according to the standard of 600 yuan per square meter:
Construction first, then planning and control;
The domicile is in the relocation area;
Permanent residents have no legal housing in the urban planning area of this Municipality;
There is no dispute about the ownership of this house.
Does not meet the provisions of the preceding paragraph (2), (3) and (4), and the construction area is more than 10 square meter, the demolition shall give residents subsidies according to the standard of 200 yuan per square meter, with a maximum of 4,000 yuan.
Relocate houses without property rights, and do not issue temporary rental subsidies, relocation subsidies and lost time subsidies to residents.
After the implementation of planning control management, the houses without property rights built in the relocation area will not be funded and will be demolished by the comprehensive law enforcement department according to law.
Thirty-ninth property rights exchange price difference, in accordance with the demolition compensation agreement signed by the demolition and relocation of people to pay the time limit.
Fortieth non-residential houses that meet the following conditions shall be compensated and resettled:
(a) there are offices, production and business premises within the relocation scope;
(two) with the corresponding housing ownership certificate;
(3) Having a land use certificate;
(four) there is a certificate of legal office, production and operation.
Forty-first demolition of non-residential housing monetary compensation, monetary compensation amount should be determined according to the real estate market evaluation price of the house to be demolished.
The demolition of non-residential housing property rights exchange, according to the monetary compensation amount of the demolition of non-residential housing and the real estate market price settlement price difference to be resettled. The resettlement site of the property right exchange house can be determined according to the nature of land use and urban construction planning.
The attachments of the demolished non-residential houses will not be exchanged for property rights, and the demolished people will be compensated according to the assessed price.
Article 42 If the relocated enterprise needs to be rebuilt, the relocated person shall calculate the loss of production and business suspension for 6- 12 months according to the evaluation results and enterprise scale; If there is no need for relocation and reconstruction, the loss of production or business suspension shall be calculated according to 3 months.
Before the demolition of non-residential houses, the debts, raw materials, goods, overstocked goods and housing rental losses of the demolished people will not be compensated.
Article 43 If it is necessary to dismantle public facilities such as water supply, power supply, gas supply, communication and cable TV pipelines in the demolition area due to house demolition, if it is clear in the demolition regional planning that the demolition person will contribute to the reconstruction, the demolition person will not be compensated after signing the reconstruction agreement with the public facilities professional business unit, and the public facilities professional business unit will dismantle it by itself; For the public facilities explicitly cancelled or with unclear investment in the relocation regional planning, the relocated person shall compensate the professional business unit of public facilities according to the replacement price of the demolished public facilities, and will no longer undertake the construction investment after compensation.
Forty-fourth relocation of public housing, the demolition can be based on the nature and scale of the use of the house to be relocated or according to the evaluation price.
Forty-fifth real estate market appraisal price shall be assessed and determined by a legally qualified real estate appraisal institution in accordance with the relevant national norms.
Article 46 If the demolished person or the demolished person disagrees with the evaluation result, the municipal house demolition management department shall entrust the municipal real estate appraisal expert committee to carry out the demolition appraisal, and the municipal real estate appraisal expert committee shall make the appraisal within 10 days.
The assessment fee shall be borne by the demolished person. If the appraisal result of the real estate appraisal expert committee is valid, the appraisal fee shall be borne by the applicant; If the evaluation result is invalid, the evaluation fee shall be borne by the evaluation institution.
Forty-seventh demolition without obtaining a permit for house demolition, unauthorized demolition, the municipal housing demolition management department shall order it to stop the demolition, give a warning, and impose a fine of more than 20 yuan and less than 50 yuan per square meter of the demolition housing construction area.
Alter, forge, lend, buy or sell the house demolition permit, the municipal house demolition management department shall order it to make corrections and impose a fine of 30,000 yuan to 65,438 yuan.
Forty-eighth people who provide false documents to defraud the housing demolition permit, the municipal housing demolition management department shall revoke the housing demolition permit and impose a fine of 0% to 3% of the demolition compensation and resettlement expenses.
Forty-ninth demolition in violation of the provisions of these measures, one of the following acts, the city housing demolition management department shall be ordered to stop the demolition, given a warning, and may impose a fine of less than 3% of the demolition compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked:
(a) the demolition is not carried out in accordance with the scope of demolition determined by the house demolition permit;
(two) commissioned without obtaining the qualification certificate of housing demolition units;
(three) to extend the period of house relocation without authorization.
Fiftieth entrusted demolition units in violation of the provisions of these measures, the transfer of demolition business, the urban housing demolition management department shall order it to make corrections, confiscate the illegal income, and impose a fine of more than 25% and less than 50% of the compensation amount agreed in the contract.
Fifty-first in violation of these measures involving the functions and powers of other administrative departments, the relevant departments shall be punished in accordance with the provisions of laws, regulations and rules.
Fifty-second hinder the execution of official duties, shall be punished by the public security organs in accordance with the "People's Republic of China (PRC) public security management punishment law"; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Article 53 If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Fifty-fourth civil servants of administrative organs have one of the following acts in the relocation work, and the supervision department shall give corresponding administrative sanctions according to the circumstances. If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) in violation of regulations or fraud, manufacturing, processing, issuing certificates and ownership certificates and other documents, given disciplinary sanctions; Causing adverse consequences, demotion or dismissal; If the circumstances are serious, be dismissed;
(two) to participate in private construction or take advantage of his position to seek personal gain for himself and others, given demerits or gross demerits; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed;
(3) Whoever organizes or participates in gathering people to make trouble, interferes with or hinders the relocation work, shall be given a disciplinary sanction of gross demerit; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed;
(four) do not perform their duties according to law, delay the work or neglect their duties, resulting in the relocation work can not be carried out normally, given demerits, gross demerits; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed;
(five) in violation of the provisions of the entrusted or designated assessment, demolition units to undertake the demolition work or illegally interfere with their business, or resort to deceit, issue false reports. , did not perform their supervisory duties according to law, damage the interests of the demolition parties, given a demerit; If the circumstances are serious, give a demerit or demotion; If the circumstances are serious, be dismissed;
(six) if the difference between the results of the physical quantity survey and the verification results exceeds 5%, the person directly responsible shall be given a demerit or demotion; If the circumstances are serious, he shall be removed from his post.
Fifty-fifth Benxi, Huanren Manchu Autonomous County urban housing demolition management can be implemented with reference to these measures.
Article 56 These Measures shall come into force as of August 10, 2065. The Measures for the Administration of Urban Housing Demolition in Benxi City (Decree No.86 of the municipal government) issued by the Municipal People's Government on May 6, 2002 shall be abolished at the same time.
Before the promulgation of these measures, these measures are not applicable to the demolition projects that have issued demolition permits; The relevant provisions formulated by the municipal and district governments and their subordinate departments are inconsistent with these measures, and these measures shall prevail.
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