Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the parties involved in the demolition and ensure the smooth progress of urban construction, these Regulations are formulated in accordance with the Regulations of the State Council on the Management of Urban House Demolition and combined with the actual situation of this province.
Article 2 These Regulations shall apply to the house demolition on the state-owned land in the urban planning area within the administrative region of this province, and it is necessary to compensate and resettle the people who have been demolished.
Article 3 House demolition must conform to urban planning, which is conducive to the transformation of old areas and the improvement of ecological environment, and the protection of cultural relics and historic sites.
Fourth people should be taken in accordance with the provisions of this Ordinance, the demolition of compensation and resettlement. The person to be demolished shall complete the relocation within the agreed relocation period.
The term "demolition" as mentioned in these Regulations refers to the unit that has obtained the permit for house demolition.
The term "demolished person" as mentioned in these Regulations refers to the owner of the demolished house.
Fifth provincial construction administrative departments to implement supervision and management of the province's urban housing demolition work.
City (state), county (city) people's government is responsible for the management of housing demolition work department (hereinafter referred to as the housing demolition management department) supervision and management of urban housing demolition work within their respective administrative areas.
The relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in the management of urban housing demolition.
Demolition management
Sixth housing demolition permit system. Without obtaining the "Housing Demolition Permit", no demolition shall be carried out.
Article 7 To apply for a house demolition permit, an application shall be submitted to the house demolition management department of the people's government at or above the county level where the house to be demolished is located, and the following materials shall be submitted:
(a) the demolition plan and demolition plan;
(two) the approval documents of the construction project;
(3) Construction land planning permit;
(four) the approval document of the right to use state-owned land;
(five) the deposit certificate issued by the financial institution handling the deposit business in the special account for the demolition compensation and resettlement funds.
Article 8 The demolition plan shall include: the scope and method of demolition, the period of demolition, and the commencement and completion time of the project.
Ninth demolition plan shall include:
(a) the condition of the house to be demolished (the nature of the house, the service life, the ownership of property rights, the area, the floor, the orientation, the location and the structural form, etc.). );
(2) Estimation of various compensation and subsidy costs;
(three) the standard and place of housing placement for property rights exchange;
(four) temporary transition mode and its specific measures.
Article 10 The deposit amount of compensation and resettlement funds for demolition shall not be less than the total construction area of the house to be demolished multiplied by the real estate market evaluation guidance price of the house with the same location and nature in the previous year, and the house used by the demolition person for property right exchange can be included at a discount.
Eleventh housing demolition compensation and resettlement funds should be used for housing demolition compensation and resettlement, and shall not be used for other purposes.
The housing demolition management department of the people's government at or above the county level shall strengthen the supervision over the use of compensation and resettlement funds for demolition.
Twelfth local housing demolition management department shall, within thirty days from the date of receiving the application for housing demolition, issue a "Housing Demolition Permit" to those who meet the conditions; Do not meet the conditions, shall not be issued, notify the applicant in writing 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.
Thirteenth housing demolition management department in the issuance of the "Housing Demolition Permit" at the same time, it should be the "Housing Demolition Permit" specified in the demolition, demolition scope, demolition period and other matters, in the form of housing demolition notice to be published. The demolition shall promptly inform the demolition of the contents of the announcement.
Fourteenth residents can entrust a unit with the qualification of house demolition to carry out the demolition; People who have the qualification of house demolition can also take it on their own.
Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
Fifteenth house demolition staff should be familiar with the laws, regulations and policies of house demolition, and have the corresponding professional knowledge of house demolition work.
Sixteenth release of housing demolition notice, the local housing demolition management department shall provide the demolition and demolition of more than two real estate assessment agencies with assessment qualifications; Demolition, demolition can also choose other real estate appraisal institutions with evaluation qualifications to evaluate the demolished houses. Demolition, demolition should make a choice within five days from the date of the announcement of house demolition.
If the demolisher and the demolished choose the same appraisal institution, * * * will sign an entrustment agreement, and the appraisal fee will be paid by the demolisher. If the demolisher or the demolished person disputes the evaluation results, he may entrust other evaluation institutions with evaluation qualifications to re-evaluate the results, and the evaluation fee shall be paid by the entrusting party.
Two evaluation results in the province within the prescribed error range, the implementation of the original evaluation results. The evaluation results exceed the error range stipulated by the province, and the parties involved in the demolition can solve it through consultation; If negotiation fails, the house demolition management department shall, according to the application of the parties concerned, organize an evaluation expert to make a ruling on the evaluation results.
Where the demolisher and the demolished person choose the assessment institution respectively, the demolisher and the demolished person shall sign an entrustment agreement with the selected assessment institution respectively, and the assessment fee shall be paid by the entrusting party respectively. Two evaluation results in the province within the prescribed error range, the implementation of the assessment results entrusted by the demolition. The two evaluation results are beyond the error range stipulated by the province, and the parties involved in the demolition can solve them through consultation; If negotiation fails, the house demolition management department shall, according to the application of the parties concerned, organize an evaluation expert to make a ruling on the evaluation results.
If the demolisher and the demolished agree on the amount of compensation for the demolished house, the demolished house may not be evaluated.
Article 17 During the period of demolition announced by the house demolition management department, the demolition person and the demolished person shall, in accordance with the provisions of these Regulations, sign a demolition compensation and resettlement agreement on compensation amount, payment method, payment period, resettlement area, resettlement place, relocation period, transition period, liability for breach of contract and matters that the parties think need to be clarified.
The demonstration text of the demolition compensation and resettlement agreement is uniformly printed by the provincial construction administrative department.
Eighteenth 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 award, he may bring a lawsuit to the people's court within three months from the date of service of the award. If the demolisher gives monetary compensation to the demolished in accordance with the provisions of these regulations or provides resettlement houses or revolving houses, the demolition will not be stopped during the litigation.
Nineteenth residents in the demolition period announced by the housing demolition management department, shall not stop the water supply, power supply, heating, gas supply to the demolition or lessee, affecting normal production and life.
Twentieth people are not allowed to damage or dismantle the public facilities of the demolished houses.
Twenty-first after the signing of the demolition compensation and resettlement agreement, the demolition shall return the land use right certificate and the house ownership certificate of the house to be demolished, and go through the cancellation registration with the relevant departments. Belong to public housing, housing property owners should recover the housing lease certificate and cancel the registration.
Twenty-second house demolition shall timely sort out and properly keep the demolition files, and hand over the demolition files to the local house demolition management department within thirty days after the demolition.
Twenty-third housing units to implement the statistical report system, the demolition should regularly fill in the statistical report of housing demolition and submit it to the housing demolition management department.
Compensation and resettlement
Twenty-fourth housing demolition can be monetary compensation, but also the implementation of property rights exchange.
Housing demolition shall not be based on different construction projects, the demolition of people to implement different compensation and resettlement standards.
Unless otherwise stipulated by the state, the demolished person has the right to choose the compensation method.
Where the demolished lot is used for the construction of similar commercial housing, the demolished person who chooses monetary compensation has the priority to purchase similar commercial housing in the original lot.
Article 25 The amount of monetary compensation shall be determined by the real estate appraisal agency according to the real estate market appraisal guidance price announced by the local people's government when the house demolition permit is issued, and in combination with the location, use, construction area, floor, orientation, decoration, environment, supporting facilities and other factors of the demolished house.
Article 26 The people's governments of cities (prefectures) and counties (cities) shall, according to the principles and methods for setting the real estate market evaluation guidance prices determined by the price department of the provincial people's government in conjunction with the provincial construction administrative department, formulate and publish the local real estate market evaluation guidance prices in different locations every year.
Before setting the real estate market evaluation guidance price, the price department of the local people's government shall hold a hearing.
Twenty-seventh demolition of housing construction area and housing purposes, to the housing management authority issued by the housing management authority certificate marked area and use shall prevail; If the house ownership certificate is not marked, the area and purpose marked on the property registration card shall prevail.
Twenty-eighth people who choose to exchange property rights have the right to ask the demolished to provide the construction area of resettlement housing which is not less than the construction area of the demolished house. Demolition and demolition should be based on the amount of compensation for the demolition of houses and the price of resettlement houses to settle the price difference of property rights exchange.
Twenty-ninth houses used for demolition and resettlement must comply with the provisions of relevant laws and regulations, and meet the relevant technical and quality standards.
Thirtieth construction administrative departments in the review of construction drawings and design documents, found that the demolition resettlement housing layout, facilities design unreasonable damage to the interests of the demolition, it shall put forward written opinions, by the housing demolition management department supervision and modification. The demolition shall not change the revised design without authorization.
Article 31 If the house to be demolished is under any of the following circumstances within the demolition period specified in the demolition notice, the demolisher shall propose a compensation and resettlement plan, report it to the house demolition management department for approval, and carry out the demolition after handling the evidence preservation in the notary office:
(a) the dispute over property rights or the right to use has not been resolved;
(two) the whereabouts of the property owner is unknown;
(three) the house * * * someone cannot reach an agreement through consultation.
Thirty-second demolition of houses purchased or built by people who enjoy subsidies from the state or units shall be compensated by the demolition according to the investment proportion of the parties concerned.
Thirty-third people who have special difficulties in life and are unable to solve their own housing problems must be properly resettled. Specific standards and measures shall be formulated by the local people's government.
Thirty-fourth 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.
If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person. If the house with property rights exchange is leased by the original lessee, the person to be demolished shall re-conclude a house lease contract with the house lessee.
The demolished residential houses belong to directly managed houses or self-managed public houses (including non-suites), and the lessee has the right to purchase houses according to the housing reform policy. After the lessee pays the purchase price calculated in accordance with the housing reform policy to all, the demolisher shall compensate and resettle the lessee in accordance with the provisions of these regulations.
Thirty-fifth people should be taken to the demolition or housing tenant to pay relocation subsidies.
During the transition period, if the demolished person or lessee arranges his own residence, the demolished person shall pay the temporary resettlement subsidy, and if the winter is needed, he shall also pay the heating subsidy; If the demolished person agrees to use the revolving house provided by the demolished person, the demolished person will not pay the temporary resettlement subsidy, and if the demolished person has provided the demolished person with heating conditions, the heating subsidy will not be paid.
The standards for relocation subsidies, heating subsidies and temporary resettlement subsidies shall be stipulated by the local people's government.
Thirty-sixth demolition, demolition should abide by the transition period agreement. The demolition shall not extend the transition period without authorization; Provided by the demolition of housing turnover, housing turnover should be returned on time.
Thirty-seventh due to the responsibility of the demolition to extend the transition period, to be taken to arrange accommodation or housing tenant, the demolition shall bear the liability for breach of contract, and shall also pay temporary resettlement subsidies from the overdue month; Need to spend the winter should also pay heating subsidies.
Thirty-eighth demolition of non residential houses caused by the suspension of production or business, resulting in economic losses, the demolition of people to be taken to give appropriate compensation.
Thirty-ninth demolition of illegal buildings and temporary buildings exceeding the approved period, no compensation; The demolition of temporary buildings that have not exceeded the approved period shall be given appropriate compensation.
Legal liability
Fortieth in violation of the provisions of this Ordinance, one of the following acts, the house demolition management department shall order it to stop the demolition, give a warning, and may impose a fine of more than one percent and less than three percent of the compensation and resettlement funds for the demolition; If the circumstances are serious, the house demolition permit shall be revoked:
(a) not according to the "housing demolition permit" to determine the scope of the demolition of houses;
(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-first in violation of the provisions of this Ordinance, one of the following acts shall be punished by the house demolition management department:
(a) without obtaining the "Housing Demolition Permit" to carry out the demolition without authorization, it shall be ordered to stop the demolition, give a warning and impose a fine of not less than twenty yuan but not more than fifty yuan per square meter of the demolition construction area;
(two) to obtain the "Housing Demolition Permit" by deception, the "Housing Demolition Permit" shall be revoked, and a fine of more than one percent and less than three percent of the compensation and resettlement funds for demolition shall be imposed;
(3) If the entrusted demolition unit transfers the demolition business without authorization, it shall be ordered 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.
Forty-second real estate appraisal institutions failed to assess the demolished houses in accordance with the norms of real estate appraisal, and the provincial construction administrative department may give a warning and lower the qualification level; If the circumstances are serious, the qualification of real estate appraisal agency may be cancelled.
Forty-third illegal acts in house demolition shall be given administrative punishment according to law, and the local house demolition management department shall not punish them, and the superior house demolition management department may order them to be punished; If the decision on administrative punishment is still not made, the higher-level housing demolition management department may directly make a decision on administrative punishment for illegal acts.
Forty-fourth housing demolition management departments and their staff in violation of the provisions of this Ordinance, one of the following acts, by the unit or the competent department at a higher level to give administrative sanctions to the directly responsible person in charge or other responsible personnel; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) in violation of the provisions of the issuance of housing demolition permits and other approval documents;
(2) Failing to perform the duties of supervision and management after issuing the house demolition permit and other approval documents;
(three) to investigate and deal with illegal acts of house demolition;
(four) abuse of power, illegal intervention in housing demolition activities, favoritism.
supplementary terms
Forty-fifth in the urban planning area of foreign land demolition, and the need for compensation and resettlement, with reference to these regulations.
The forty-sixth of this Ordinance since April 6, 2002. 1992 The Regulations on the Administration of Urban Housing Demolition and Resettlement in Jilin Province promulgated by the Standing Committee of the Seventh People's Congress of Jilin Province in May shall be abolished at the same time.