(No.106)
"Decision of Liaoyang Municipal People's Government on Amending the Measures for the Administration of Urban Housing Demolition in Liaoyang City" has been discussed and passed by the municipal government and is hereby promulgated.
Mayor of Tang Zhiguo
November 10, 2008
Decision of Liaoyang Municipal People's Government on Amending the Measures for the Administration of Urban Housing Demolition in Liaoyang City
The municipal government has decided to make the following amendments to the Measures for the Administration of Urban Housing Demolition in Liaoyang City (DecreeNo. 20th1of the municipal government). Liaoyang Municipal People's Government 8 1):
One, the thirty-first item (two) in the "exchange of housing construction area of not more than 2 times the original housing construction area" deleted.
The second paragraph is added: demolition of certified residential houses. If the original area of single-storey buildings is 14 square meters to 40 square meters, multi-storey or high-rise residential houses shall be placed at no more than 2 times of the houses to be demolished; The original area of 2 times less than 40 square meters, according to 40 square meters of resettlement; The original area of more than 40 square meters less than 64 square meters, according to 80 square meters of resettlement; The original area of more than 64 square meters, according to the actual area plus policy to increase the area of resettlement. The resettlement area of multi-storey buildings is determined by increasing the original area by 20%. After an increase of 20%, if the resettlement area is still less than 40 square meters, it will be resettled by 40 square meters.
The third paragraph is added: If the demolisher fails to design according to the standards agreed in the agreement, the expansion fee will be charged according to the charging standard for the part exceeding the standards and exceeding 5 square meters due to planning and design reasons.
2. Article 42 is amended as follows: If it is confirmed by the civil affairs department that the person to be demolished who enjoys the full minimum living allowance does have a fixed residence, and the house to be demolished is my long-term residence, with an area of more than 10 square meter but less than 32 square meters, and has obtained the property ownership certificate, and there are no other houses confirmed by the relevant units or streets and communities, and the competent department of house demolition jointly with relevant departments confirms and announces that there is no objection, the person to be demolished will be given a 40-square-meter house at one time. Due to architectural design reasons, the resettlement housing area of more than 40 square meters, according to the resettlement housing construction and installation costs to calculate the housing property exchange price difference, the resettlement housing area of up to 45 square meters.
This decision shall come into force as of the date of promulgation.
"Liaoyang city housing demolition management measures" shall be revised according to this decision and re released.
Measures of Liaoyang Municipality on the Administration of Urban House Demolition
Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the parties involved in demolition and ensure the smooth progress of construction projects, these Measures are formulated in accordance with the provisions of relevant laws, regulations and rules and in combination with the actual situation of our city.
Article 2 These Measures shall apply to the implementation of house demolition on the state-owned land in the urban planning area of our city and the need for compensation and resettlement for the demolished people.
Article 3 The term "demolition parties" as mentioned in these Measures refers to the demolisher, the demolished person and the lessee of the house.
The term "demolition" 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.
The term "lessee" as mentioned in these Measures refers to the unit or individual that has a legal lease relationship with the person being demolished.
Article 4 Urban house demolition must conform to urban planning, be conducive to the renovation of old urban houses and the improvement of ecological environment, protect cultural relics and historical sites, and follow the principles of fairness, justice and openness.
Article 5 The municipal construction administrative department is the competent department of urban house demolition in our city (hereinafter referred to as the competent department of urban house demolition), and is responsible for the supervision and management of urban house demolition on state-owned land within the urban planning area of our city. Its subordinate demolition management institutions are specifically responsible for daily supervision and management.
Relevant government departments are responsible for the related work of urban house demolition in accordance with their respective division of responsibilities and relevant regulations.
Article 6 The competent department of house demolition shall, in accordance with the urban planning and the actual economic and social development in this region, work out the medium-and long-term plans and annual plans for house demolition in urban planning areas in conjunction with relevant departments. After the examination and approval by the competent department of housing demolition in the city and the competent department of construction, development and reform in the province, the government at the same level shall report it to the Standing Committee of the National People's Congress at the same level and the government at the next higher level for the record.
Seventh units that demolish houses shall apply to the competent department of house demolition for demolition before the implementation of house demolition, and can only implement house demolition after obtaining the permit for house demolition.
Article 8 When applying for a permit for house demolition, a demolisher shall submit the following documents and materials to the competent department of house demolition:
(a) the approval document of the construction project;
(two) the construction land planning permit and the status map of the planned land;
(three) the approval documents and clan maps of the right to use state-owned land;
(4) Application, plan and scheme for demolition (including: scope, area, number of households, demolition steps, forms of compensation and resettlement, use plan of compensation for demolition, preparation and implementation of house property right exchange, and demolition unit to be entrusted);
(five) the certificate of housing demolition compensation and resettlement funds issued by financial institutions and the supervision agreement of housing demolition compensation and resettlement funds signed by the competent department of housing demolition, the demolished person and the financial institution.
Ninth housing demolition departments shall, within 30 days from the date of accepting the application, review the application matters and the contents of the documents. In accordance with the provisions of these measures, the issuance of housing demolition permits, and in accordance with the relevant provisions of the demolition notice. If the license is not granted, the applicant shall be informed in writing of the reasons.
Tenth demolition can be taken by themselves, can also be entrusted to obtain the qualification of housing demolition and industrial and commercial registration of housing demolition enterprises. Commissioned by the demolition, the demolition should sign an entrustment contract with the entrusted house demolition enterprise, and the entrusted house demolition enterprise shall not entrust or transfer the demolition business.
Housing demolition departments, demolition management agencies and all kinds of temporary works headquarters shall not be taken as demolition, nor shall they accept the entrustment of demolition.
Eleventh enterprises applying for housing demolition business, after handling the industrial and commercial registration, shall, in accordance with the relevant provisions, be examined by the competent department of housing demolition, and shall be issued with a qualification certificate for housing demolition.
The competent department of house demolition shall regularly train and assess the relevant legal and business knowledge of the business personnel engaged in house demolition work. After passing the examination, the post certificate will be issued by the competent department of house demolition. Business personnel engaged in house demolition shall hold relevant certificates. Without a demolition work permit, the demolished person or the lessee has the right to refuse to negotiate with him. The number of business personnel stationed at the demolition site by the demolition person or the entrusted house demolition enterprise shall not be less than 2.
Article 12 After receiving the house demolition permit and completing the detailed investigation of the house demolition site, the demolisher shall apply to the administrative departments of land and resources, planning and real estate for confirmation of the state-owned land use right and house property right. The administrative departments of land and resources, planning and real estate shall confirm the state-owned land use right and the situation of the demolished houses within 10 days after receiving the application.
Confirmation by the confirmation department in the demolition site publicity, publicity time shall not be less than 5 days.
Thirteenth demolition period is determined by the competent department of housing demolition according to the demolition scale, generally not less than 30 days.
The demolition period is calculated from the15th day from the date of the demolition announcement.
Fourteenth demolition should be carried out within the approved scope and time limit. If it is necessary to change the scope of demolition or extend the period of demolition, it shall apply to the competent department of house demolition before the expiration of the period of demolition 15, and re-apply for the demolition permit.
The competent department of house demolition shall give a written reply within 10 days from the date of receiving the application. Agree to change the scope of demolition or extend the period of demolition, the competent department of housing demolition shall issue an announcement. If it disagrees, it shall inform the applicant in writing of the reasons.
Fifteenth from the date of the announcement of the demolition, no new construction, renovation, expansion and rental of houses and other activities to change the use of houses and land shall be carried out within the scope of the demolition determined in the announcement.
The competent department of house demolition shall notify the relevant departments and units in writing to suspend the relevant procedures for the matters listed in the preceding paragraph.
The notice of suspension shall specify the suspension period, and the longest suspension period shall not exceed 1 year.
If the demolition needs to extend the suspension period, it shall be reported to the competent department of house demolition for approval 30 days before the expiration of the period. Agree to the extension, the housing demolition department shall make an announcement before the expiration, and notify the relevant departments and units in writing; Do not agree with the extension, it shall inform the reasons for the demolition in writing. Maximum extension of suspension period 1 year.
Sixteenth transfer has not yet completed the demolition compensation and resettlement of construction projects, the transfer shall be reported to the competent department of housing demolition for approval. If the transfer is agreed, the transferor and transferee of the project shall sign a transfer contract. The relevant rights and obligations in the original demolition compensation and resettlement agreement are transferred to the transferee accordingly. If it does not agree to the transfer, it shall inform the applicant in writing of the reasons.
After the transfer of the project is approved, the transferor and the transferee shall, within 30 days from the date of signing the transfer agreement, notify the demolished person and the lessee in writing and make an announcement, and at the same time, file the transfer contract with the competent department of house demolition.
Seventeenth housing demolition departments should supervise the use of compensation and resettlement funds, regularly determine and publish the storage standards of compensation and resettlement funds, and ensure that all funds are used for compensation and resettlement of housing demolition. The compensation and resettlement funds provided by the residents shall not be less than the total demolition budget. Existing houses provided by residents for resettlement can be included in the compensation and resettlement funds for demolition at a discount.
Eighteenth people should be taken through bidding or entrustment to determine the corresponding qualification level of housing demolition construction enterprises to carry out housing demolition, and sign a housing demolition project construction contract. When handling the demolition permit, the demolisher shall file the relevant information and supporting documents such as the construction contract and demolition plan of the house demolition project with the competent department of house demolition.
Nineteenth housing demolition departments should send special personnel to the demolition site, responsible for the reception of letters and visits and policy interpretation, set up a telephone number for supervision and reporting, and supervise and manage the demolition behavior of the demolition parties.
Demolition should be in the demolition site publicity housing demolition permit, demolition or entrusted by the housing demolition enterprises, real estate assessment agencies, housing demolition construction enterprises and on-site staff list. Publicize the relevant policies, systems, evaluation prices, regional compensation guidance prices, housing property rights exchange houses and prices, procedures, and the collection places of demolition-related materials.
The person to be demolished shall truthfully provide the property right certificate of the house to be demolished and the ownership certificate of the land use right.
During the period of demolition, the demolition person shall not take measures such as stopping water supply, electricity supply, gas supply, and blocking roads to force the demolished person or lessee who has not yet moved to conclude an agreement on compensation and resettlement for demolition.
Twentieth demolition parties shall conclude a written agreement on compensation and resettlement for demolition.
Where monetary compensation is selected, the contents of the agreement shall stipulate the amount of compensation and subsidy, payment method, term, relocation period, liability for breach of contract and dispute settlement method, as well as other contents that the parties think need to be agreed.
If the house property right exchange is selected, the contents of the agreement shall stipulate the location, area, floor, orientation, relocation period and transition period of the house to be exchanged, the amount of property right exchange difference, the amount of relocation subsidy and temporary resettlement subsidy, the payment method, the payment period, the liability for breach of contract and the dispute settlement method, as well as other contents that the parties think need to be agreed.
Twenty-first has concluded the demolition compensation and resettlement agreement, the demolition should be related to the contents of the agreement in the demolition site publicity; If no compensation and resettlement agreement is concluded, the demolisher shall not require the demolished person or lessee to move.
The demolisher shall, within 05 days from the date of conclusion of the demolition compensation and resettlement agreement, file with the competent department of house demolition.
Twenty-second demolition parties signed the demolition compensation and resettlement agreement, before the implementation of the agreement, the parties should go through the formalities of cancellation of housing registration and change of land use rights at the real estate and land resources departments.
Twenty-third after the signing of the demolition compensation and resettlement agreement, if the demolition person or lessee refuses to move within the relocation period agreed in the agreement, the demolition person may apply to the agreed arbitration committee for arbitration or bring a lawsuit to the people's court according to law.
Twenty-fourth parties to the demolition can not reach an agreement on compensation and resettlement after evaluation and appraisal, and the parties shall apply for an administrative ruling in writing to the competent department of housing demolition. The competent department of house demolition shall make a ruling within 30 days from the date of accepting the application for ruling; If the decision is not made, the reasons shall be explained in writing.
Twenty-fifth if a party refuses to accept the demolition ruling, it may bring a lawsuit to the people's court where the house is located. In accordance with the relevant laws, regulations and the provisions of these measures, the demolition has given monetary compensation to the demolished person or the lessee or provided resettlement houses or revolving houses, and the execution of the demolition will not be stopped during the litigation.
Article 26 If the demolished person or lessee fails to relocate within the relocation period stipulated in the ruling, the people's government at the corresponding level shall instruct the relevant departments to carry out compulsory relocation, or the competent department of house demolition shall apply to the people's court for compulsory relocation according to law.
If the government at the same level instructs the relevant departments to forcibly remove houses, the competent department of house removal shall notify the person to be removed or the lessee of the house 10 in advance. Before the implementation of compulsory demolition, the demolition person shall handle the evidence preservation at the notary office on matters related to house demolition.
Twenty-seventh demolition or entrusted housing demolition enterprises, housing demolition construction enterprises shall, in accordance with the provisions of the archives management, organize and keep the demolition files, and hand over the relevant files to the competent department of housing demolition within 30 days after the demolition.
If a real estate development enterprise goes bankrupt or its qualification is revoked, it shall hand over the archives of the demolition compensation and resettlement agreement to the competent department of house demolition.
Twenty-eighth demolition of illegal buildings and temporary buildings exceeding the approved period, no compensation and resettlement.
Twenty-ninth demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange. The fixed compensation method shall be implemented under the following circumstances:
(a) the demolition of non-public housing attachments, no property rights exchange, monetary compensation by the demolition;
(two) the demolition of rental housing, the demolition and housing tenant can not reach an agreement on the termination of the lease relationship, the demolition should be the demolition of housing property rights exchange;
(three) the demolition of temporary buildings that have not exceeded the approved period shall be given monetary compensation according to the replacement price and remaining service life of the demolished houses.
Thirtieth monetary compensation, the amount of monetary compensation shall be determined by the parties involved in the demolition according to the regional compensation guidance price announced by the competent department of housing demolition. The monetary compensation amount of the demolished house is: the construction area of the demolished house × the compensation coefficient × the regional compensation guidance price of the demolished house. Compensation coefficient: 1.25 for single-storey residential buildings, 1. 15 for multi-storey residential buildings and 1 for non-residential buildings. The regional compensation guidance price of the demolished houses is determined and published regularly by the competent department of house demolition according to the evaluation results of the average transaction price of real estate in different regions, different uses and different structures in our city last year.
If the negotiation fails, the parties involved in the demolition shall entrust a housing appraisal institution to conduct appraisal and determination in accordance with the relevant provisions of the Measures for the Administration of Compensation Appraisal for Urban Housing Demolition in Liaoyang City.
If the unit price of monetary compensation determined by the assessment of the demolished houses is lower than the regional compensation guidance price of the demolished houses, the regional compensation guidance price of the demolished houses shall prevail. The government has not set the maximum price for house demolition.
Thirty-first the implementation of housing property rights exchange, the demolition of the parties involved in housing property rights exchange price settlement in accordance with the following provisions.
(1) Determine the monetary compensation amount of the house to be demolished according to Article 30 of these Measures, and settle the account according to the price of the house property right exchange.
(2) If the original area of the demolished residential house is used to directly replace the house, the single-storey house shall be built according to the original construction area? Times, multi-storey residential buildings according to the original housing construction area 1. 15 times the calculation. After the exchange of housing property rights, the remaining area of the demolished residential house or the part beyond the area of the replaced house shall be settled according to the regional compensation guidance price of the demolished house and the evaluation price of the replaced house respectively.
Demolition of residential houses with photos (certificates), the original area of single-storey buildings is 14 square meters to 40 square meters, and multi-storey or high-rise residential houses shall be placed no more than 2 times of the demolished houses; The original area of 2 times less than 40 square meters, according to 40 square meters of resettlement; The original area of more than 40 square meters less than 64 square meters, according to 80 square meters of resettlement; The original area of more than 64 square meters, according to the actual area plus policy to increase the area of resettlement. The resettlement area of multi-storey buildings is determined by increasing the original area by 20%. After an increase of 20%, if the resettlement area is still less than 40 square meters, it will be resettled by 40 square meters.
If the demolisher fails to design according to the standard agreed in the agreement, the expansion fee will be charged according to the charging standard within the standard for the part exceeding the standard and exceeding 5 square meters due to the planning and design reasons.
Thirty-second people in the demolition of housing compensation and resettlement, should also be taken to the demolition of housing beyond the demolition of land area of part of the state-owned land use rights to give appropriate compensation. The calculation formula is: (area of state-owned land use right-area of demolished houses) × compensation unit price of land use right for house demolition.
The land area of the demolished house is: the building area of the demolished house ÷ the specified floor area ratio. Among them, the provisions of the floor area ratio in the demolition of housing construction planning administrative departments have provisions, in accordance with the provisions; If there are no regulations, the single-storey building land shall be implemented according to 0.75, and the multi-storey building land shall be implemented according to 1.5.
The unit price of compensation for the land use right of house demolition shall be determined and published by the competent department of house demolition in conjunction with the competent department of land and resources according to the benchmark price of land evaluation.
If the land area of the demolished house is greater than or equal to the area of the state-owned land use right, no compensation will be given.
Thirty-third purposes, the demolition of housing construction area and the use of state-owned land use rights, area, land resources, planning and real estate administrative departments to confirm the registration results shall prevail.
Thirty-fourth housing demolition involves the relocation of public facilities and various pipelines, the owner of the property right registration will move by himself within the agreed time limit, and the demolition will be compensated according to the replacement price. If negotiation fails, the parties * * * entrust an evaluation agency to make an evaluation and make compensation according to the evaluation results.
The public * * * flowers, trees and green spaces within the scope of demolition shall be retained. If it cannot be kept, it will be compensated according to the replacement price.
Thirty-fifth demolition of state-owned residential houses, the demolition of housing tenants in accordance with the relevant provisions of the housing reform to obtain full property rights, the demolition of housing tenants to give compensation and resettlement; If the lessee fails to purchase a residential house, the demolisher shall make compensation and resettlement for the demolished person, and the demolished person and the lessee shall re-establish the lease relationship. The unit-owned residential houses are handled according to the state-owned residential houses.
According to the housing reform policy, some property owners who are allowed to buy some houses with property rights are allowed to make up the housing reform price difference with property rights in accordance with the housing reform policy. After obtaining full property rights, the demolished person shall be compensated and resettled in accordance with the provisions of these measures. Failure to obtain full property rights, according to the proportion of property rights by the demolition compensation and resettlement.
Thirty-sixth demolition of houses with unclear property rights or missing property owners shall, in accordance with the provisions of these measures, put forward a compensation and resettlement plan for demolition, and carry out demolition after approval by the competent department of house demolition.
Before the demolition, the demolition should go to the notary office for evidence preservation and monetary compensation for the reserved houses, or go through the notarization procedures for the exchange of house property rights.
Thirty-seventh demolition of mortgaged houses shall be handled in accordance with the security law and relevant regulations.
Thirty-eighth demolition and resettlement transition period shall not exceed 2 years. The transition period shall be counted from the date of expiration of the demolition period (including the approved extension period) to the date of relocation and resettlement as agreed in the agreement.
Thirty-ninth people should be taken to the demolition or housing tenant to pay relocation subsidies.
The implementation of housing property rights exchange, in the transition period, the demolition or housing tenant to arrange accommodation, the demolition should pay temporary resettlement subsidies; If the demolished person or lessee uses the revolving house provided by the demolished person, the demolished person shall not pay the temporary resettlement subsidy.
Fortieth the demolition and handling expenses of the demolition equipment shall be calculated according to the actual amount. Equipment and supporting facilities that cannot be recovered after demolition shall be compensated according to the remaining service life.
In case of suspension of production or business due to demolition, the demolisher shall also compensate the demolished person or lessee according to the number of employees who have formal labor contracts and participated in social insurance within 3 months before the date of the demolition announcement ×× the average monthly salary of employees in the administrative region in the previous year× 50 %× 3 months, and the compensation fee shall be paid by the demolished person or lessee. The implementation of housing property rights exchange, in the transition period, the demolition or housing tenant to arrange housing, the demolition should pay temporary resettlement subsidies; If the demolished person or lessee uses the revolving house provided by the demolished person, the demolished person shall not pay the temporary resettlement subsidy.
Forty-first relocation subsidies, temporary resettlement subsidies and other related subsidy standards are determined by the competent department of housing demolition according to market conditions and published regularly.
If the transition period is extended due to the demolition, the demolition person shall pay the temporary resettlement subsidy in accordance with three times the standard of temporary resettlement subsidy determined and announced by the competent department of housing demolition since the overdue month. If the demolisher has provided the revolving house, in addition to continuing to provide the revolving house, he shall also pay the temporary resettlement subsidy from the overdue month.
Article 42 If it is confirmed by the civil affairs department that the person to be demolished who enjoys the full minimum living allowance does have a fixed residence, and the house to be demolished is my long-term residence, with an area of more than 10 square meter but less than 32 square meters, and has obtained the ownership certificate, and has been confirmed by the relevant units or streets and communities that there are no other houses, the competent department of house demolition shall, jointly with the relevant departments, find that there is no objection, and the person to be demolished will resettle 40 square meters of houses at one time, and the person to be demolished will not bear the price difference of house property rights exchange. Due to architectural design reasons, the resettlement housing area of more than 40 square meters, according to the resettlement housing construction and installation costs to calculate the housing property exchange price difference, the resettlement housing area of up to 45 square meters.
Forty-third demolition resettlement housing, resettlement sites should be determined according to the planning nature of the construction project. Construction projects for residential or other projects with residential, demolition should be placed nearby. If the construction project is non-residential, with the approval of the competent department of house demolition, the demolished person can be resettled in different places.
If the construction project is built by stages, the demolisher shall first build houses for the demolished, and then build other houses. The resettlement of the demolished houses must conform to the current national technical specifications and mandatory standards, with clear property rights and no rights restrictions.
Forty-fourth construction drawings and resettlement plans for demolition and resettlement of residential houses shall be submitted to the competent department of house demolition for review and filing before construction.
When handling the procedures of demolition and resettlement, the demolisher shall apply to the competent department of house demolition and submit relevant materials. The competent department of house demolition shall, within 10 days from the date of accepting the application, put forward opinions on whether to agree to the resettlement. Do not agree, it shall explain the reasons in writing.
The demolition shall, within 30 days after the resettlement of the demolished person or the lessee, provide the relevant procedures for the registration of property rights and land change of the resettlement house to the competent departments of real estate and land resources. The person to be demolished or the lessee of the house shall go through the formalities of property right registration and land change registration within 3 months after the relocation.
Demolition of old houses with property rights exchange in different places shall be notarized by the notary office and registered with the real estate department.
Forty-fifth demolition or entrusted housing demolition enterprises have one of the following illegal acts, the housing demolition department shall order it to make corrections, and give administrative punishment in accordance with the provisions of relevant laws, regulations and rules:
(a) the implementation of house demolition without obtaining a permit for house demolition;
(two) to obtain the permit for house demolition by deception;
(three) the implementation of house demolition is not in accordance with the scope of demolition determined by the house demolition permit;
(four) commissioned by the demolition unit does not have the qualification to carry out the demolition;
(five) to extend the demolition period without authorization;
(six) the entrusted house demolition enterprise violates the provisions of these measures and transfers the demolition business.
Article 46 If the competent department of house demolition issues the house demolition permit or other approval documents in violation of the provisions of these Measures, or fails to perform the duties of supervision and management after issuing the house demolition permit and other approval documents, the persons who have the leadership responsibility and the persons who are directly responsible shall be given administrative sanctions according to law. If the circumstances are serious, causing heavy losses to public property, the interests of the state and the people, which constitutes a crime, criminal responsibility shall be investigated according to law.
Forty-seventh unreasonable or hinder the housing demolition department staff to perform official duties according to law, by the public security organs in accordance with the "Regulations of the people's Republic of China on administrative penalties for public security" shall be punished; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-eighth Liaoyang County and dengta city can formulate measures for the management of house demolition according to the specific conditions of towns within their respective administrative areas.
Article 49 These Measures shall come into force as of the date of promulgation.
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