Chapter I General Provisions
Article 1 In order to strengthen the management of urban house demolition and safeguard the legitimate rights and interests of the parties involved in the demolition, these Measures are formulated in accordance with the Regulations of the State Council Municipality on the Administration of Urban House Demolition and the Administrative Measures of Anhui Province on Urban House Demolition, combined with the actual situation in Chizhou.
Article 2 These Measures shall apply to the demolition of houses on state-owned land within the urban planning area of Chizhou City and the need for compensation and resettlement for the demolished people.
Article 3 Urban house demolition must conform to urban planning, which is conducive to the transformation of old urban areas and the improvement of ecological environment, and to the protection of cultural relics.
Fourth people should be taken in accordance with the provisions of these measures, to be taken to give compensation and resettlement; The person to be demolished shall complete the relocation within the relocation period.
The term "demolition" as mentioned in these Measures refers to the unit that has obtained the permit for house demolition.
The term "demolition" as mentioned in these Measures refers to the owner of the house to be demolished.
Article 5 The Municipal Construction Committee shall supervise and manage the house demolition work in the whole city.
The demolition and resettlement management office of the municipal government is specifically responsible for the management of housing demolition in urban planning areas; Counties, Jiuhuashan Scenic Area Management Committee housing demolition departments specifically responsible for the management of urban housing demolition in this area.
Public security, education, judicial administration, industry and commerce, power supply, water supply, telecommunications, radio and television and other relevant departments should promptly assist in handling household registration transfer, student transfer, telephone transfer, cable TV relocation, water and electricity supply and other related matters, except in line with the relevant provisions of the state, and shall not increase the burden on the demolition and relocation people to ensure the smooth progress of the house demolition management.
Land and resources departments are responsible for land management related to house demolition in accordance with relevant laws and regulations.
Guichi District People's Government should actively cooperate with the residents to do a good job in the relocation of residents within the scope of demolition under its jurisdiction.
Article 6 The demolisher shall demolish the house in a civilized manner during the demolition process, and shall not take any illegal means such as power cut or water cut.
Chapter II Demolition Management
Seventh housing units to obtain housing demolition permit, before the implementation of the demolition.
To apply for the permit for house demolition, the following materials shall be submitted to the house demolition management department:
(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 demolition plan and demolition plan;
(five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business.
The demolition plan specified in Item (4) of the preceding paragraph, including the scope, method and time limit of demolition; The demolition plan includes the condition of the house to be demolished, the estimated cost of various compensations and subsidies, the resettlement standard of the house with property right exchange, the plane design and location of the new resettlement house approved by the planning department, the temporary transition mode and specific measures. The deposit amount of the demolition compensation and resettlement funds specified in Item (5) shall not be less than the total construction area of the house to be demolished multiplied by the benchmark price of monetary compensation for houses of the same location and nature in the previous year, and the house to be demolished for property right exchange can be included in the discount.
The house demolition management department shall, within 20 days from the date of receiving the application, review the application matters. To meet the conditions, the issuance of housing demolition permits; Do not meet the conditions, return the application, and explain the reasons.
The scope of demolition approved by the house demolition permit shall not exceed the scope of land approved by the construction land planning permit.
Article 8 When issuing the demolition permit, the house demolition management department shall announce the demolition person, demolition scope, demolition period and other matters specified in the house demolition permit in the form of house demolition announcement. After the announcement, the house demolition management department and the residents (the entrusted residents) shall promptly publicize and explain the work to the residents.
Ninth people should be taken in the demolition permit to determine the scope and duration of the demolition, the implementation of housing demolition. Need to expand or narrow the scope of demolition, extend the period of demolition, demolition should be before the expiration of the period of demolition, submit a written application to the housing demolition management department, the housing demolition management department shall review within 65 days from the date of receiving the application, to meet the conditions, change the housing demolition permit, and the relevant contents of the changed housing demolition permit shall be published; For those who do not meet the requirements, return the application and explain the reasons.
Tenth people can take their own demolition, demolition can also entrust a qualified unit. Commissioned by the implementation of the demolition, you can determine the entrusted unit through bidding. Housing demolition management department is responsible for the supervision and management of bidding.
If the demolisher entrusts the demolition, he shall issue a power of attorney to the entrusted demolition unit and conclude a demolition entrustment contract. The demolisher shall, within 5 days from the date when the demolition entrustment contract is concluded, report the demolition entrustment letter and the demolition entrustment contract to the house demolition management department for the record.
The entrusted demolition unit shall not transfer the demolition business. Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
House demolition shall be undertaken by enterprises with qualification certificates of construction enterprises and ensuring safety conditions. Construction enterprises should prepare the demolition plan to ensure the personal and property safety in the process of house demolition. The legal representative of a construction enterprise shall be responsible for the safety of demolition construction.
Demolition (entrusted demolition) shall conclude a house demolition entrustment contract with the house demolition construction enterprise, and report to the house demolition management department for the record within 15 days after the conclusion of the house demolition entrustment contract.
When demolishing houses, we should abide by the provisions of laws and regulations such as city appearance, environmental protection and construction safety, so as to achieve civilized construction and safe construction and keep the environment clean and tidy.
Eleventh housing demolition management departments should strengthen the supervision and management of the demolition, and carry out training and assessment of relevant laws and professional knowledge for the personnel engaged in demolition work; Those who pass the examination will be issued with a demolition permit.
Engaged in the demolition of undocumented workers, demolition, housing tenant has the right to refuse to negotiate with them.
Twelfth after the demolition scope is determined, the units and individuals within the scope of demolition shall not carry out the following activities:
(1) Building, expanding and rebuilding houses;
(2) Changing the use of houses and land;
(three) rental housing and mortgage housing;
(4) Obtaining an industrial and commercial business license;
(five) decoration, renovation of houses and other malicious acts to increase the compensation for demolition.
The house demolition management department shall notify the relevant departments in writing to supervise the matters listed in the preceding paragraph and suspend the relevant procedures. The written notice of suspension shall specify the suspension period. If the demolition needs to extend the suspension period, it must be approved by the house demolition management department, and the extension of the suspension period shall not exceed 1 year.
After receiving the written notice from the house demolition management department, the relevant departments shall go through the relevant formalities on the matters listed in this article, which shall not be used as the basis for compensation and resettlement for demolition.
Thirteenth housing demolition involves primary and secondary school students, you can study in the original school or the school where you live now; Schools may not charge school selection fees or other fees on the grounds that they are not students in their own school district. Housing demolition involves public service units such as cable TV, telecommunications, water supply and power supply. After the demolition, the demolition shall fulfill the obligation to inform the relevant public service units and provide a list of public service items enjoyed and used by the demolition.
Fourteenth demolition and demolition shall, in accordance with the provisions of these measures, conclude a demolition compensation and resettlement agreement on the compensation mode and amount, area, price difference, location, relocation period, relocation transition mode and transition period of property rights exchange.
Demolition of rental housing, the demolition should be taken with the people, housing tenants to enter into a demolition compensation and resettlement agreement.
Article 15 If the demolisher reaches an agreement with the demolished person or lessee, and the relocation is completed within the demolition period specified in the house demolition announcement, the demolisher may give appropriate rewards to the demolished person or lessee, and the specific reward scheme shall be formulated by the demolisher (the entrusted demolisher) and reported to the house demolition management department for the record and publication.
Sixteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolished person or lessee refuses to move within the relocation period, the demolished person may apply to Chizhou Arbitration Committee for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law.
Seventeenth demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the housing demolition management department ruled. Housing demolition management department is the demolition, managed by the people's government at the same level. The ruling shall be made within 30 days from the date of accepting the application.
If a party refuses to accept the ruling, it may apply for reconsideration or bring a lawsuit to the people's court according to law. Demolition in accordance with the provisions of these measures have been taken to make monetary compensation or provide resettlement housing, turnover housing, not to stop the implementation of the demolition during reconsideration and litigation.
Article 18 If the demolished person or lessee refuses to relocate within the relocation period stipulated in the ruling, the house demolition management department shall report to the people's government at the same level to instruct the relevant departments of construction, planning, public security, land and other departments to forcibly relocate, or the house demolition management department shall apply to the people's court for compulsory relocation according to law.
Before the implementation of compulsory demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Nineteenth urban housing demolition involves the relocation of public facilities or various pipelines, the original owner will automatically move within the prescribed time limit, and the required relocation expenses will be compensated by the demolition.
Demolition involving military facilities, churches, temples, cultural relics and other houses shall be handled in accordance with the provisions of relevant laws and regulations.
Old and famous trees or patches of trees within the scope of urban housing demolition should be retained. Can not be retained, in accordance with the relevant provisions of the state and the province to handle the relevant procedures.
Article 20 If the transfer of the demolition compensation and resettlement construction project has not been completed, the transferee shall provide the proof of the demolition compensation and resettlement funds specified in Item (5) of Paragraph 2 of Article 7 of these Measures, and go through the formalities for changing the house demolition permit with the consent of the house demolition management department. The house demolition management department shall publish the relevant contents of the changed house demolition permit.
The relevant rights and obligations in the unfinished demolition compensation and resettlement agreement will be transferred to the transferee.
The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, notify the demolished person in writing and make an announcement.
If the transferee fails to perform the original demolition compensation and resettlement agreement, the transferor shall bear joint liability.
Twenty-first demolition of housing demolition compensation and resettlement funds into the bank account designated by the housing demolition management department. All funds shall be used for compensation and resettlement for house demolition and shall not be used for other purposes.
The house demolition management department shall sign a tripartite supervision agreement on the use of demolition compensation and resettlement funds with the demolition person and the special storage bank, strengthen the supervision on the use of demolition compensation and resettlement funds, and ensure earmarking.
Twenty-second demolition compensation, resettlement of the demolition, the demolition should be the demolition of housing real estate warrants (all of the housing) to the demolition, the demolition handed over to the management department responsible for the registration of housing property rights shall be cancelled.
Residential houses purchased by monetary compensation and residential houses with property rights exchange equal to the construction area of the demolished houses shall be exempted from relevant taxes and fees when handling the real estate license.
Twenty-third housing demolition management departments should strengthen the inspection of housing demolition activities, and the inspected should truthfully provide relevant information and materials. The management department of house demolition shall establish and improve the management system of demolition archives and strengthen the management of demolition archives.
Chapter III Compensation and Resettlement for Demolition
Twenty-fourth people should be taken in accordance with the provisions of these measures, to be taken to compensate.
The identification of the use and area of the demolished house shall be based on the use and construction area marked in the valid house title certificate such as the real estate license and the house ownership certificate of the demolished house.
Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; Demolition of temporary buildings that have not exceeded the approved time limit, giving appropriate compensation.
Twenty-fifth demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange. Unless otherwise stipulated by laws, regulations and rules, the person being taken has the right to choose the compensation method for removal.
Twenty-sixth demolition monetary compensation amount according to the demolition of housing structure, new, location, use, floor, environment, supporting facilities, roads and construction area and other factors, to determine the real estate market price.
Determination of evaluation price.
Demolition and demolition can also calculate the compensation amount according to the benchmark price compensation standard formulated by Chizhou City, combined with the building area and structure, development, location, use, floor, road section coefficient and other factors of the demolished house.
The demolisher and the demolished agree on the amount of the house to be demolished, and if the agreement does not require valuation, it shall be followed.
Article 27 If the demolition parties have any objection to the evaluation results, they may apply to the house demolition management department for evaluation within 10 days from the date of receiving the evaluation results, and the house demolition management department shall set up a real estate appraisal committee for evaluation within 10 days from the date of receiving the application for evaluation. The real estate appraisal committee consists of a registered real estate appraiser, an appraiser recognized by the construction administrative department of the provincial people's government and relevant legal experts.
The experts specified in the preceding paragraph shall be randomly selected and determined by the house demolition management department from the roster of experts established by the construction administrative department of the provincial people's government.
If the demolition party applies for appraisal, the appraisal conclusion shall be used as the basis for the ruling of the ruling authority; Did not apply for identification, the evaluation results as the basis for the ruling; The appraisal fee shall be borne by the appraisal applicant.
Twenty-eighth the implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of Article 26 of these measures, calculate the amount of compensation for the demolition of housing and the price of housing exchange, and settle the price difference of property rights exchange.
The demolition of non-public housing attachments do not implement property rights exchange, the demolition should be given a one-time monetary compensation in accordance with the provisions.
Twenty-ninth after the demolition of 200 1 year 1 year 1 year 1 year was converted into business premises, shall be compensated according to the residential premises.
If the demolition is carried out before 200 1 year 1 year 1 year/year, and the following conditions are met at the same time, 50% of the actual use area of the original ground floor will be used as compensation for business premises, and the remaining 50% will be used as compensation for residential premises; The second floor and above are still compensated by residential buildings.
(a) Before a)2006
(two) the owner of the house property and his spouse or parents, children and their spouses;
(3) It has been operating for no less than 12 months before 200112 months, and it is still operating with a license;
(four) to pay taxes and fees in accordance with the provisions, and have the original tax bill proof.
Thirtieth public housing demolition, demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation.
Thirty-first demolition of rental housing, the demolition and the lessee to terminate the lease relationship, or by the demolition of housing tenants for resettlement, the demolition of compensation for the demolition.
Demolition of public housing, housing tenants enjoy the right to housing reform, housing tenants after the purchase, the demolition should be carried out in accordance with the demolition compensation and resettlement measures; If the lessee does not enjoy the right to purchase houses stipulated in the housing reform policy, and has not reached an agreement with the demolished person to terminate the lease relationship, the demolished person shall exchange the property rights of the demolished person. Where the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the house lessee.
Thirty-second demolition of escrow housing, escrow housing users, should implement property rights exchange; If there is no user in the escrow house, the custodian shall choose the compensation and resettlement method.
Choose property rights exchange, resettlement housing is still managed by the custodian; If monetary compensation is selected, the amount of monetary compensation shall be deposited in the bank by the custodian's special account.
Article 33 Where the demolished person belongs to a family with special difficulties in life, and the construction area of each demolished residential house is less than 40 square meters (calculated in combination with other residential houses in the same urban planning area), and property rights are exchanged, the demolished person shall provide houses with a construction area of not less than 40 square meters as resettlement houses. The demolished houses and resettlement houses do not settle the price difference of property right exchange with each other.
The poverty-stricken households mentioned in the preceding paragraph refer to urban residents who enjoy the minimum living allowance in accordance with the relevant provisions of the state and the province.
Thirty-fourth people who choose property rights exchange, the transition period of residential housing shall not exceed 0.8 months, and the transition period of non-residential housing shall not exceed 24 months. Demolition should be within the prescribed transition period, the demolition or housing tenant for resettlement.
During the transition period, the turnover room can be solved by the demolished or the lessee, and can also be provided by the demolished. The person to be demolished or the lessee of the house has the right to choose the specific transition mode, and the demolition person shall not force or refuse.
If the demolisher provides the revolving room, the demolished person or lessee shall vacate the revolving room within 4 months after receiving the resettlement house.
Thirty-fifth property owners to provide housing exchange, shall meet the following requirements:
(a) in line with national quality and safety standards;
(two) clear property rights and no rights restrictions;
(three) the construction area is not less than the construction area of the demolished house, unless otherwise agreed by the parties.
Thirty-sixth houses to be demolished in any of the following circumstances, the demolition compensation and resettlement program proposed by the demolition within the announcement period, and the implementation of the demolition after the approval of the housing demolition management department:
(a) there is a property right dispute;
(two) the whereabouts of the property owner is unknown;
(three) some people in the house can not reach an agreement on the compensation method for demolition.
Before the house demolition under the circumstances listed in the preceding paragraph, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the house to be demolished.
Thirty-seventh demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees.
Thirty-eighth people should be taken to the demolition or housing tenant to pay relocation subsidies and temporary resettlement subsidies.
During the transition period, if the demolished person or lessee arranges his own residence, the demolished person shall pay the temporary resettlement subsidy; 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.
Relocation subsidy, temporary resettlement subsidy and suspension subsidy, subsidy standards and accessories, indoor
Decoration compensation guide price, etc. , shall be formulated separately by the municipal government. County, Jiuhuashan Scenic Area Administrative Committee within the jurisdiction of the urban housing demolition compensation standards and guidance prices shall be reported to the municipal government for approval.
Chapter IV Punishment
Thirty-ninth demolition without obtaining a permit for house demolition, unauthorized demolition, the house demolition management department shall order it to stop the demolition, give it a warning, and impose a fine of more than 20 yuan and less than 50 yuan per square meter of the demolished house construction area.
Article 40 Where a demolition person obtains a house demolition permit by deception, the house demolition management department shall revoke the house demolition permit according to law, and impose a fine of more than 1% and less than 3% of the demolition compensation fund.
Forty-first demolition of one of the following acts, the house demolition management department shall order it to stop the demolition, give a warning, and 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 implementation of house demolition is not in accordance with the scope of demolition determined by the house demolition permit;
(two) entrust a unit that does not have the qualification for demolition to carry out demolition;
(three) to extend the demolition period without authorization.
Forty-second entrusted demolition units to transfer the demolition business, the house 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 demolition service fee agreed in the contract.
Article 43 If a real estate appraisal agency fails to appraise the demolished house in accordance with the provisions of these Measures, the appraisal result is invalid, and the house demolition management department shall order it to re-evaluate it, and may also impose a fine ranging from 10000 yuan to 30000 yuan; If the circumstances are serious, it shall be reported to the department that issued the qualification certificate to lower its qualification level or cancel its qualification.
If a real estate appraisal institution commits the acts listed in the preceding paragraph and causes property losses to the parties involved in the demolition, it shall be liable for compensation according to law.
Article 44 If the house demolition management department and its staff commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given a warning or demerit; If the circumstances are serious, give a demerit until dismissal; If the case constitutes a crime, the judicial organ shall investigate its criminal responsibility according to law:
(a) in violation of the provisions of the issuance of housing demolition permits and other approval documents;
(two) after issuing the approval documents such as the house demolition permit, failing to perform the duties of supervision and management or failing to investigate and deal with illegal acts according to law;
(3) Failing to issue an announcement on house demolition in accordance with the provisions of these Measures;
(four) as a demolition or entrusted to carry out the demolition;
(five) illegal demolition ruling;
(six) the illegal implementation of compulsory demolition.
Whoever commits the acts listed in the preceding paragraph and causes property losses to the parties involved in the demolition shall be liable for compensation according to law.
Forty-fifth demolition parties in violation of the provisions of these measures, disrupting social order, disrupting public order, hindering the normal demolition work, by the public security organs in accordance with the "Regulations of the people's Republic of China on administrative penalties for public security" will be punished.
Chapter V Supplementary Provisions
Forty-sixth in the urban planning area of foreign land for housing demolition, and the need for compensation and resettlement of the demolition, with reference to these measures.
Forty-seventh approach by the Chizhou Municipal Construction Committee is responsible for the interpretation of.
Article 48 These Measures shall come into force as of the date of promulgation. The Interim Measures for the Administration of Urban Housing Demolition in Chizhou, which came into effect on June 1 2003, shall be abolished at the same time.
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