Published on: 1998-8-1 9:38:55 Author: Number of visits: 417 times Source: Yuhang Real Estate.
(Adopted by the Standing Committee of the Ninth People’s Congress of Hangzhou City on July 5, 1997 65438+October 65438+July 5)
The Ninth Zhejiang Province on June 26, 1998 Approved by the Fifth Meeting of the Standing Committee of the People's Congress
Promulgated on July 7, 1998, implemented on August 1, 0998)
Chapter 1 General Principles
Article 1 In order to standardize the management of house demolition on collective land, ensure the smooth progress of urban construction, and protect the legitimate rights and interests of the demolition parties, these regulations are formulated in accordance with relevant laws and regulations and in conjunction with the actual situation of this city. Article 2 Matters such as demolition, resettlement and compensation for the requisition of collectively owned land, houses and their attachments for urban construction within the urban area of ??this city shall comply with these Regulations.
If the land acquisition and demolition for development and construction of a large area involves the demolition of scattered houses and their attachments on state-owned land, management will be implemented in accordance with these regulations, but the compensation and resettlement standards will be implemented in accordance with the "Hangzhou Urban House Demolition Management Regulations".
Article 3 The Land Management Department of the Hangzhou Municipal People’s Government (hereinafter referred to as the Municipal Land Management Department) is responsible for the management of house demolition on collectively owned land in this city; the land management departments of each district under the jurisdiction of the municipality are responsible for the implementation of collective ownership in their respective jurisdictions. House demolition management on land.
Article 4 The district, township (town) people's government, village (resident) committee, planning, urban construction, planning, housing management, public security, justice, industrial and commercial administration, labor and other departments where the demolished houses are located They should cooperate with and support the land management department in carrying out demolition management work in accordance with their respective responsibilities.
When the planning department reviews the construction land planning and designation, the residential land and enterprise land that really need to be relocated within the demolition scope, as well as the land for the construction of municipal public facilities and public welfare facilities in townships (towns) and villages, should be determined in accordance with the urban planning Make overall arrangements at the same time as the requirements of village and town planning.
The expropriation of collectively owned land and house demolition must comply with the relevant provisions of laws and regulations on cultural relics protection, and effectively protect historical and cultural heritage.
Article 5 The demolishers referred to in these regulations refer to the construction units and individuals who have obtained the demolition permit for houses on collectively owned land; the demolished persons refer to the legal owners of the demolished houses and their attachments.
Article 6 The demolisher must compensate and resettle the demolished persons in accordance with the provisions of these regulations; the demolished persons must comply with the needs of land acquisition and construction and complete the relocation within the prescribed relocation period.
The township (town) people's government and village (resident) committee where the demolished people are located should assist the demolished people in mobilizing the demolished people.
Chapter 2 Demolition Management
Article 7 If houses need to be demolished due to the expropriation of collectively owned land, the municipal land management department shall immediately announce the scope of land for demolition after the urban planning department has approved the scope of the land for demolition. The scope of land for demolition, and notify relevant departments to suspend the following matters within the scope of land for demolition:
(1) Notify the public security department to suspend immigration and household registration;
(2) Notify relevant departments Sales, exchanges, reconstruction (expansion), property separation, gifts, household divisions, leasing, mortgages, etc. are suspended. ;
(3) Notify the industrial and commercial administration department to suspend the issuance of business licenses and temporary business licenses.
The period of suspension of handling matters related to the demolition scope is thirty months. If it is necessary to extend the period of suspension of relevant matters due to special circumstances, it may be appropriately extended with the approval of the municipal land management department one month before the expiration, but the extension period shall not exceed twelve months.
If the demolisher fails to obtain a house demolition permit for collective-owned land within one year after the suspension period expires or the suspension measures are implemented, the municipal land management department shall notify the relevant departments to resume handling the matters specified in paragraph 1.
During the suspension period, retired soldiers, retirees, college students, persons released from prison, and reeducation through labor personnel who really need to return to their place of origin and meet household registration management regulations can go to the public security department where their household registration is located to apply for relocation. The public security department in the place where the household registration is located should promptly report to the municipal land management department and go through the move-in procedures.
The population born from the date of the demolition announcement to the date of official resettlement shall be regarded as the resettlement population, and the population who died during this period will no longer be included in the resettlement population.
Article 8 If a construction unit or individual requisitions collectively-owned land and needs to demolish houses, it must submit an application to the municipal land management department with the construction project and land use approval documents, demolition plan and demolition plan, and obtain the "Collectively-owned Land" Demolition can only be carried out after obtaining the demolition permit.
Once the demolition permit for houses on collectively owned land is issued, the municipal land management department shall make an announcement on the demolisher, the scope of demolition and the relocation period.
The implementation of house demolition shall not exceed the approved demolition scope and the prescribed demolition period.
If the demolisher needs to change the scope of demolition, he should apply for a new permit; if the demolition is postponed, he should go through the extension procedures; if the demolition project is terminated, he should go through the cancellation procedures in a timely manner.
Article 9 If houses need to be demolished due to the expropriation of collectively owned land, the local people's government may organize unified demolition, or the demolishers may demolish the houses themselves or entrust a unit with house demolition qualifications determined by the municipal people's government to handle the demolition. . In areas undergoing comprehensive development, unified demolition must be implemented.
The land management department shall not accept demolition entrustment.
Article 10 The demolisher shall handle household registration, house and attachment demolition and other matters in accordance with regulations.
The demolished persons must truthfully declare the property rights, number of households and other relevant information of the demolished houses and their attachments, and provide land ownership certificates and other materials.
Article 11 Within the relocation period stipulated in the announcement of the municipal land management department, the demolishers and the demolished persons shall sign a house agreement regarding compensation, resettlement and other matters in accordance with the provisions of these regulations and the approved demolition plan. Demolition compensation and resettlement agreement. The agreement should clearly stipulate the compensation form, compensation amount, resettlement method, resettlement house area, resettlement location, relocation period, transition method, transition period and liability for breach of contract.
Any other matters. The house demolition compensation and resettlement agreement shall be submitted to the land management department for filing. The agreement can be notarized by a notary public.
The resettlement of residential buildings must comply with the national architectural design specifications and engineering quality standards, and have corresponding ancillary facilities such as water supply, power supply, and sewage discharge.
The agreement signed in accordance with these regulations is legally binding and must be observed by both parties. No party may change the content of the agreement without authorization.
Article 12 If the demolished houses require price compensation, the unit that has obtained the appraisal qualification in accordance with the regulations shall conduct the house appraisal before the house demolition is carried out, but the appraisal shall not be conducted by the demolisher or the person being demolished.
Article 13: Compensation form, compensation amount, resettlement house area, resettlement method, resettlement location, relocation period, transition method and transition period, etc. for the demolished and demolished persons. , if negotiation fails, the municipal land management department will make a ruling.
If the parties are dissatisfied, they may file a lawsuit in the People's Court within 15 days from the date of receipt of the award. During the litigation period, if the demolisher has resettled the demolished persons or provided transitional housing, the execution of the demolition will not be stopped.
Article 14 If the relocation period specified in the house demolition announcement or the ruling stipulated in the first paragraph of Article 12 of these Regulations is exceeded, and the demolished person refuses to relocate without justifiable reasons, the Municipal People's Government may issue an order The decision to demolish within a time limit. If the relocation is not carried out within the time limit, the Municipal People's Government may instruct the relevant departments to implement forced relocation in accordance with the law, or the Municipal Land Management Department may apply to the People's Court for forced relocation.
Article 15 If there are disputes over property rights or use rights or other unclear property rights in the demolition of houses, if the dispute cannot be resolved or the property rights and use rights cannot be clarified within the relocation period specified in the demolition announcement, the demolisher shall propose compensation. The resettlement plan must be submitted to the municipal land management department for approval before demolition can begin. Before demolition, the municipal land management department shall, together with relevant departments, organize the demolishers to survey and record the demolished houses and obtain notarization.
The agency shall handle evidence preservation procedures.
Article 16 Illegal buildings within the scope of demolished land, temporary buildings that have exceeded the approved period and houses for temporary use shall be demolished unconditionally without compensation and shall not be used as the basis for resettlement. For demolition of temporary buildings that have been approved in accordance with the law and have not exceeded the approved period, appropriate compensation may be given based on the service life, but shall not be used as a basis for resettlement. After the municipal land management department issues an announcement on the scope of demolished land, the demolished persons will no longer be compensated for reconstruction and renovation (expansion) costs, nor will they be used as a basis for resettlement.
Chapter 3 Residential Demolition
Article 17 The demolition of private residential houses shall be subject to relocation or off-site resettlement.
Relocation and resettlement means compensating the demolished persons according to the replacement price of the demolished houses and providing relevant expenses for relocation land. The village committee is responsible for handling land use procedures in accordance with relevant regulations, and renovating multi-story residential buildings in planned rural residential areas for resettlement. Transferred production resettlement refers to the people being demolished.
1. Multi-storey residential houses constructed in complete sets are used as property rights exchange houses to accommodate the demolished people.
Article 18 If private residential houses are demolished for relocation and resettlement, the construction area standards of the resettlement houses shall be in accordance with the following regulations:
(1) Households with more than six persons shall not exceed 240 square meters. ;
(2) The number of households with four to five persons shall not exceed 200 square meters;
(3) The number of households with less than three persons shall not exceed 135 square meters.
For resettlement in rural areas, the local village committee shall determine the specific resettlement plan within 15 days after the demolition announcement is released.
Article 19 If private residential buildings are to be demolished and new rural resettlement sites cannot be built according to urban planning or all the demolished people are non-agricultural population, the demolishers shall uniformly resettle the demolished multi-story residential buildings and implement Property rights exchange. The resettlement building area (hereinafter referred to as the resettlement area) shall be combined with the original residential building area recognized in accordance with the law (hereinafter referred to as the original area).
The permanent household size is determined according to the following resettlement standards:
(1) For one to two households with an original area of ??less than 40 square meters, the resettlement area is 40 square meters; If the area is between 40 and 80 square meters, the resettlement area will be based on the original area; if the original area exceeds 80 square meters, the resettlement area will be 80 square meters.
(2) Three households with an original area of ??less than 55 square meters will be resettled with an area of ??55 square meters; those with an original area of ??55 to 120 square meters will be resettled according to the original area. ; If the original area exceeds 120 square meters, the resettlement area will be 120 square meters.
(3) If there are more than four households and the original per capita building area (hereinafter referred to as the per capita area) is less than 18 square meters, the calculation will be based on the per capita area of ??18 square meters; the original per capita area is 18 to 40 square meters. Those whose original per capita area exceeds 40 square meters will be resettled based on the per capita area of ??40 square meters.
If there are multiple houses within the same demolition scope, the original living area shall be calculated together.
If property rights exchange and resettlement are implemented, the demolition party and the demolished people can negotiate and settle the matter. The demolished people can also implement monetary resettlement, and the demolished people can settle the demolition and resettlement houses. The specific measures for monetary resettlement shall be formulated separately by the Municipal People's Government.
Article 20 If a private residential building is demolished and property rights are exchanged, the new house will be settled at the replacement price, and the original house will be combined into a new one at the replacement price; the part where the resettlement area exceeds the original area will be settled according to the resettlement standard. If it is within the scope, it will be settled based on the cost price of the house. If it is higher than the resettlement standard, it will be settled based on the price of commercial housing. For the part where the original area exceeds the resettlement area, it will be settled based on the replacement price combined with twice the new price.
Due to the inseparable nature, the part that increases the total resettlement area within 5 square meters will be settled at the cost price of the house.
Article 21 The resettlement population shall be determined based on the number of permanent residents of the demolished families. Additional resettlement population can be added if one of the following situations occurs:
(a) Married with no children;
(2) Already received the one-child certificate.
Although the family members of the demolished persons do not have permanent residence in the urban area of ??this city, they can be included in the resettlement population if they fall into one of the following situations:
(1) Married for more than three years Spouses;
(2) Those whose original household registration is in the demolition area and are currently serving in the army (except those who have married and settled abroad);
(3) those whose original household registration is in the demolished area Students in colleges and universities;
(4) Parents who have no dependents in the place of household registration and have actually lived in the demolition area for more than two years;
(5) The original household registration is in the prison to be demolished , Reeducation through labor personnel;
(6) Other personnel specified in laws and regulations.
Article 22 If the original private house is converted into a non-residential house, it will still be treated as a residential house. Private houses that were demolished and originally used for residential purposes and rented (lent) to others for non-residential purposes will still be treated as residential houses, and no resettlement or compensation will be given to the original renters (borrowed).
Article 23 If a residential house is demolished and rented (borrowed), the person who demolished and rented (borrowed) it will not be resettled or compensated.
Article 24 If a residential building is to be demolished and the demolished cannot be resettled at once, it shall be specified in the agreement and provided with transitional housing, or the demolisher shall be issued with a temporary transition fee to make the transition on his own. If the construction area of ??a newly-built house after demolition is less than 20,000 square meters, the transition period shall not exceed two years; if the construction area is more than 20,000 square meters, the transition period shall not exceed two years and six months.
When people are relocated, they will be given relocation subsidies by their families.
The standards and calculation methods for moving subsidies and temporary transition fees are formulated by the Municipal People's Government.
Chapter 4 Non-residential Houses and Other Demolitions
Article 25 If non-residential houses are demolished due to construction projects of municipal public facilities and public welfare facilities and the property rights are not exchanged, the The replacement price of the demolished houses will be combined into a new one to compensate the demolished people at 2.5 times. If non-residential houses are demolished due to construction projects of non-municipal public facilities or public welfare facilities, and property rights are not exchanged, the demolished persons will be compensated at three times the replacement price of the demolished houses. After the demolition is compensated according to the above standards, if the demolished people need to relocate, the demolisher will solve the problem by themselves. The demolishers will no longer bear the relocation costs and subsidies during the shutdown period, nor will they provide transitional housing.
Article 26 If it is really necessary to relocate non-residential houses due to the demolition of non-municipal public facilities and public welfare facility construction projects, the demolished persons may also compensate the demolished persons according to the replacement price of the demolished houses. Compensation will be provided and relocation-related expenses will be provided, and the demolished persons can rebuild on their own in accordance with relevant regulations. During the suspension of business, the demolisher shall provide financial subsidies to the demolished persons as appropriate.
If non-residential houses are demolished due to construction projects of non-municipal public facilities and public welfare facilities, property rights can also be exchanged if the nature of the construction project and the building permit are met, and the part with a construction area equal to the original construction area will be charged at the replacement price. Combine it into a new one and settle the price difference; if the building area exceeds the original building area, it will be settled at the price of commercial housing; if the building area is smaller than the original building area, it will be calculated at the replacement price.
Merge into a new triple settlement.
Article 27: Animal sheds, outdoor toilets, doors, etc. attached to private residential buildings. , not counting the original residential building area, and will be compensated by the demolisher at a corresponding discount.
Chapter 5 Legal Responsibilities
Article 28 If the demolisher fails to obtain a house demolition permit or fails to demolish the house in accordance with the provisions of the house demolition permit, the municipal land management department shall The demolition shall be ordered to stop or the demolition permit shall be revoked, and a fine of not less than 5,000 yuan but not more than 30,000 yuan may be imposed. If any loss is caused to the person being demolished, the municipal land management department shall order compensation.
If the demolisher entrusts a unit that is not qualified for house demolition to handle the demolition, the municipal land management department will order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan on the demolisher.
Whoever lowers the compensation and resettlement standards or narrows the scope of compensation and resettlement without authorization will be given a warning by the municipal land management department, ordered to make corrections within a time limit, and fined not less than RMB 5,000 but not more than RMB 30,000; anyone who raises the standards of compensation and resettlement without authorization, If the scope of compensation and resettlement is expanded, the municipal land management department will give a warning and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan.
Article 29 If the demolisher exceeds the prescribed demolition period without justifiable reasons or extends the transition period without authorization, the municipal land management department will give him a warning, order him to complete the demolition and resettlement within a time limit, and impose a fine of more than 100,000 yuan. A fine of less than 100,000 yuan. If losses are caused to residents, residents should provide corresponding economic compensation.
Article 30 If the demolished person violates the regulations and refuses or fails to vacate the transitional house on time, the municipal land management department will give a warning, order the transitional house to be returned within a time limit, and impose a fine of not less than 100 yuan but not more than 500 yuan. If the transitional housing is not vacated within the time limit, the Municipal People's Government may instruct the relevant departments to force the relocation and impose a fine of not less than 500 yuan but not more than 2,000 yuan.
Article 31 If the demolished person deceives the property rights and usage conditions of the original house to obtain resettlement or compensation beyond the area, the municipal land management department shall order him to make corrections within a time limit and impose a fine of more than 1,000 yuan. A fine of less than 10,000 yuan is imposed.
Article 32: Anyone who refuses or obstructs state workers from performing official demolition duties in accordance with the law shall be punished by the public security organs in accordance with the provisions of the "Regulations on Public Security Administration Punishments of the People's Republic of China"; if a crime is constituted, the judicial organs shall be punished in accordance with the law. Pursuing criminal liability.
Article 33 If a staff member of the land management department neglects his duties, abuses his power, or engages in malpractice for personal gain in the demolition business, he or she shall be given administrative sanctions by the unit where he or she belongs or by the superior department; if a crime is constituted, judicial sanctions shall be imposed. The authorities will pursue criminal responsibility in accordance with the law.
Chapter 6 Supplementary Provisions
Article 34 If the use of collective land for non-agricultural construction in a township (town) involves the demolition of houses and their attachments, these regulations shall be followed.
Article 35 If the construction of military and non-military facilities requires land acquisition and demolition, these regulations shall be followed.
Article 36 Counties (cities) under the jurisdiction of Hangzhou City may refer to these regulations for implementation.
Article 37 The specific application issues of these regulations shall be interpreted by the Land Management Department of the Hangzhou Municipal People's Government.
Article 38 These Regulations shall come into effect on August 1, 2008.