Chapter 1 General Provisions
Article 1 is to strengthen the management of urban house demolition and protect the rights and interests of the parties involved in the demolition.
Legitimate rights and interests to ensure the smooth progress of urban construction, in accordance with the State Council's "Regulations on the Management of Urban Houses
Demolition" and the "Regulations on the Management of Urban Houses Demolition in Jilin Province", combined with this city.
According to the actual situation, this method is specially formulated.
Article 2: House demolition is carried out on state-owned land within the administrative region of this city.
If houses are demolished and it is necessary to compensate and resettlement the demolished persons, this method shall apply.
Article 3 House demolition shall comply with urban planning and be conducive to the transformation of old areas.
Protect cultural relics and historic sites.
Article 4 The demolisher shall provide compensation and resettlement to the demolished persons in accordance with the provisions of these Measures; the demolished persons shall complete the relocation within the agreed relocation period.
The demolisher referred to in these measures refers to the unit that has obtained the house demolition permit.
The demolisher referred to in these Measures refers to the owner of the house to be demolished.
Article 5 Songyuan City Construction Bureau is responsible for supervising the city’s urban house demolition work.
Supervise and manage, and be specifically responsible for the management of house demolition in urban planning areas (except Guoqian Town).
Supervise work. Songyuan City House Demolition Management Office is responsible for the daily work of demolition management.
Their main responsibilities are:
(1) Responsible for the implementation of laws and regulations related to house demolition, which refers to
guiding and supervising the compensation and resettlement work for house demolition;
(2) Review the qualifications of the demolition units and demolished units; training and assessment of demolition personnel
Those who serve as staff will be issued a "Demolition Position Certificate";
(3) Publish the city's real estate valuation agency information;
(4) Accept demolition applications, review relevant documents, review demolition plans and
Demolition plans, and issue a "House Demolition Permit" " and "House Demolition Permit";
(5) Supervise and manage the use of compensation and resettlement funds;
(6) Issue the "House Demolition Announcement" and issue the "Stop Work Notice" ;
(7) Arbitrate demolition disputes in accordance with the law;
(8) Investigate and deal with illegal and illegal demolition activities;
(9) Accept and receive cases related to house demolition Letters and visits;
(10) Establish a demolition archives system and manage demolition archives.
The county people's government is responsible for the department responsible for the management of house demolition work within its own administrative region
The city's house demolition work shall be supervised and managed.
All relevant departments should do a good job in urban house demolition management according to their respective responsibilities.
Chapter 2 Demolition Management
Article 6 A permit system is implemented for house demolition. Demolition shall not be carried out without obtaining the "House Demolition Permit"
Permit".
Article 7 To apply for a house demolition permit, you should apply to the local city or county housing management.
The demolition management department shall submit the following materials:
(1) Written application;
(2) Approval document for the construction project;
(3) Construction land planning permit;
(4) State-owned land use rights approval document;
(5) Demolition plan and demolition plan;
(6) Demolition compensation and resettlement fund certificate issued by the financial institution that handles deposit business.
Ming;
(7) Other documents that the house demolition management department deems should be submitted.
Article 8 The demolition plan shall include the scope, method and time of demolition.
Time constraints, project start and completion.
The demolition plan should include:
(1) The status of the house to be demolished (the nature of use, service life, and ownership of the house)
Ownership, area, Floor, orientation, location, structural form, etc.
);
(2) Estimation of various compensation and subsidy costs;
(3) Housing resettlement standards and locations for property rights exchange;
( 4) Temporary transition methods and specific measures.
Article 9 The deposit amount of demolition compensation and resettlement funds shall not be less than the house to be demolished.
The total floor area of ??a house is multiplied by the real estate market for houses of the same nature and location in the previous year.
Assessment guide price, and property rights exchange of demolished houses can be discounted.
The house demolition management department should strengthen supervision over the use of demolition compensation and resettlement funds.
Management, specific measures shall be formulated by the municipal housing demolition management department.
Article 10 The house demolition management department shall within 30 days from the date of receipt of the demolition application.
The application matters will be reviewed within the year; upon review, a house demolition certificate will be issued to those who meet the conditions.
Relocation permit; if the conditions are not met, it will not be issued, and the applicant will be notified in writing and the reasons will be explained.
By.
Article 11 When the house demolition management department issues a house demolition permit
At the same time, the demolition person, the scope of demolition and the demolisher specified in the house demolition permit
Relocation deadlines and other matters shall be announced in the form of a house demolition announcement and shall be notified in writing in a timely manner.
Notify the planning, real estate, land, and industrial and commercial departments to suspend the following procedures within the scope of demolition.
Matters:
(1) New construction, expansion and renovation of houses;
(2) Transfer, mortgage, lease and change of use of real estate;
(3) Issuance of industrial and commercial business license for newly registered companies.
Article 12 The demolisher shall demolish the house in time after receiving the "House Demolition Permit".
Inform the demolition content, the scope and method of demolition specified in the house demolition permit.
House demolition will be carried out within the relocation period.
If the demolition period needs to be extended due to legitimate reasons, the demolition shall be completed when the demolition period expires.
Before 15 days, apply to the housing demolition management department for an extension of demolition. The department shall respond within 10 days from the date of receipt of the application for extension of demolition.
If the house demolition permit is not demolished within 3 months from the date of issuance, the house will be demolished by itself.
Invalid.
Article 13 The demolisher may entrust a unit with house demolition qualifications to carry out demolition.
Move; the demolisher has the qualifications for house demolition and can also demolish it by himself.
The house demolition management department shall not act as the demolisher, nor shall it accept the demolition entrustment.
Article 14 House demolition workers should be familiar with house demolition laws.
Laws, regulations and demolition policies, and have corresponding professional knowledge in house demolition work.
Article 15 If the demolisher entrusts demolition, he shall entrust the demolition unit.
Have a power of attorney and sign a demolition entrustment contract. The demolisher shall entrust the demolition contract
Within 15 days from the date of establishment, the entrustment contract shall be reported to the house demolition management department for record.
The entrusted demolition unit shall not transfer the demolition business.
Article 16 The demolisher or the person entrusted with the house demolition must strictly abide by the house demolition regulations.
Relevant regulations on house demolition: after the announcement of house demolition is issued, the demolition work of the people and houses to be demolished must be done well.
The lessee sends a house demolition notice, publicizes and explains relevant policies and regulations, and verifies the demolition.
In addition to relevant documents such as house ownership certificates and house leasing relationships, a real estate appraisal agency is entrusted to conduct price appraisals of the demolished houses.
Article 17 When issuing a house demolition announcement, the house demolition management department shall
provide the demolishers and the demolished with more than two real estate evaluation machines with evaluation qualifications.
Construct its choice; the demolishers and the demolished can also choose other qualified evaluation agencies.
Real estate appraisal agencies evaluate demolished houses.
If the house is to be demolished, it shall be demolished
When the choice is made within 5 days from the date of the announcement of house demolition.
If the demolisher and the demolished choose the same assessment agency, they shall sign an entrustment agreement.
The assessment fee shall be paid by the demolisher. The demolisher or the person being demolished disputes the assessment result.
You can entrust other evaluation agencies with evaluation qualifications to re-evaluate and evaluate.
The fees will be paid by the entrusting party. The results of both evaluations are within the error range specified by the province and should be implemented.
Original evaluation results. If the evaluation results exceed the error range stipulated by the province, the demolition parties may resolve the issue through negotiation; if the negotiation cannot resolve the issue, the parties concerned shall apply to have the house demolished.
The management department organizes review experts to judge the review results.
The demolishers and the demolished persons shall respectively select the appraisal agency, the demolisher, and the demolisher.
The demolishers shall respectively sign an entrustment agreement with the selected appraisal agency, and the appraisal fees shall be entrusted by the committee respectively.
The client pays. The results of both evaluations were within the error range stipulated by the province and were performed as the evaluation results of the evaluation agency entrusted by the residents. If the two evaluation results exceed the error range stipulated by the province, the demolition parties can negotiate to solve the problem; if the solution cannot be solved through negotiation, the parties will apply and the house demolition management department will organize experts to evaluate the results. .
Judgment.
If the demolisher and the person being demolished reach an agreement on the compensation amount for the demolished house, they may
not evaluate the demolished house.
Article 18 Within the demolition period announced by the demolition management department, the demolishers and the people being demolished shall comply with the compensation forms, compensation amounts, and payers stipulated in these Measures
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Type, payment period, resettlement area, resettlement location, relocation period, transition method and period
limit, liability for breach of contract and other matters that the parties think need to be clarified, and sign a compensation and resettlement agreement.
Protocol.
When demolishing a rental house, the demolisher shall enter into an agreement with the person being demolished and the lessee of the house.
Demolition compensation and resettlement agreement.
Article 19 The demolition of houses managed by the house demolition management department shall be the responsibility of the demolisher.
The compensation and resettlement agreement must be notarized by a notary public and the evidence must be preserved.
Article 20 After the demolition compensation and resettlement agreement is signed, if the demolished person or the lessee refuses to relocate within the relocation period, the demolisher may apply to the arbitration committee in accordance with the law.
Please apply for arbitration in accordance with the law, or file a lawsuit with the People's Court. During the litigation, the demolisher may apply to the People's Court for compulsory execution according to
.
Article 21 The demolisher and the person being demolished or the person being demolished, the person being demolished and the house.
If the lessee fails to reach an agreement on demolition compensation and resettlement, the house shall be demolished upon application by the party concerned.
Moved to management for adjudication. The house demolition management department is the person to be demolished, and the decision is made by the government at the same level. The ruling shall be made within 30 days from the date of acceptance of the application.
If the parties are dissatisfied with the award, they may do so within 3 months from the date of delivery of the award.
Prosecution in the People’s Court. The demolishers shall provide monetary compensation to the demolished persons in accordance with the provisions of these Measures.
Compensation or provision of resettlement housing and turnover housing will be provided, and demolition will not be stopped during the litigation period.
Execute.
Article 22 The demolisher or the lessee of the house shall decide to relocate.
If the house is not demolished within the time limit, the city or county people's government where the house is located shall instruct the relevant departments to demolish it.
Forcible demolition, or the housing demolition management department may apply to the People's Court for compulsory demolition in accordance with the law.
Get moving.
Before implementing compulsory demolition, the demolisher shall announce to the public the situation of the demolished houses.
The certificate authority handles evidence preservation.
Article 23 The demolition involves military facilities, churches, temples, and cultural relics.
For example, houses shall be implemented in accordance with relevant laws and regulations.
Article 24 The handover of construction projects that have not completed demolition compensation and resettlement shall
be approved by the housing demolition management department. The relevant rights in the original demolition compensation and resettlement agreement,
and then the debt is transferred to the transferee. The project transferor and transferee shall notify the demolisher in writing.
Moving, and will be announced within 30 days from the date of signing of the transfer contract.
Article 25 The demolishers shall demolish within the demolition period announced by the housing demolition management department.
Should not stop water supply, power supply,
heat supply, or gas to affect normal production and life.
Due to the demolition of houses, water, electricity, and heating are cut off outside the demolition area, and the demolished people should be restored to their original condition in a timely manner; or the relevant departments should restore them and demolish them in stages.
Close fees.
When the demolished persons or house lessees move, their household registration will be transferred along with their children.
Relevant departments should
handle the procedures for changes and deregistration of schools, industrial and commercial enterprises or individual industrial and commercial households in a timely manner, and the relevant costs shall be borne by the demolishers.
Article 26 The demolisher or house lessee shall maintain its original appearance when relocating.
The house must be intact and any facilities within the assessed value range of the house shall not be damaged. Violators shall do so.
Be responsible for financial compensation.
Article 27 The demolition management department shall strengthen the management of demolition files.
The demolishers during house demolition should organize and properly keep the demolition files in a timely manner. Existence
Within 30 days after the demolition is completed, the household files of the demolished houses shall be handed over to the house demolition management department.
Record case information, and handle cancellation procedures for the land use right certificate and house ownership certificate of the demolished house.
Registration and other related procedures. If it is a publicly owned house, the property owner shall lease the house.
Certificates are withdrawn and deregistered in a unified manner.
Article 28 After the demolition is completed, the demolisher shall report to the house demolition management department.
Line acceptance. All buildings and related facilities within the demolition scope have been demolished.
Issue an acceptance certificate; with this certificate, the relevant unit will apply for the "Construction Engineering Regulations"
Drawing permit and construction permit.
Article 29: A statistical reporting system shall be implemented for house demolition. Residents should fill it out regularly.
Compile housing statistical reports and submit them to the housing demolition management department.
Chapter 3 Demolition Compensation and Resettlement
Article 30 The demolisher shall compensate the demolished persons in accordance with the provisions of these measures.
Compensation.
No compensation will be provided for the demolition of illegal buildings and facilities, which will be handled by the planning and supervision department in accordance with the law.
Relevant provisions of laws and regulations.
Demolish approved temporary buildings (excluding residential warehouses) and related engineering facilities.
(Such as temporary engineering pipelines and structures, etc.), the construction time is less than 1 year, according to this category.
50% of the replacement price of the house and the cost of engineering facilities will be compensated; the construction time exceeds 1.
For less than 2 years, the calculation shall be based on 25% of the replacement price of such houses and the cost price of engineering facilities.
Compensation; if the construction time is more than 2 years (including 2 years) and the extension approval procedures have not been completed.
Temporary buildings and engineering facilities that have been agreed not to be compensated will not be compensated.
The part of the underground raised floor used in the deep foundation of the demolished house, that is, the floor
If the height exceeds 2.2 meters, the building area is calculated as half of the peripheral area of ??the raised floor, based on
The replacement price of similar houses will be compensated.
Article 31 The building area and purpose of the house to be demolished shall be determined based on the markings on the house ownership certificate or property registration card issued by the housing administrative department.
Subject to area and usage.
If the house ownership has been transferred or the change registration has not been carried out before demolition, or
If the area recorded on the house ownership certificate is inconsistent with the actual area, the housing management department shall
The department shall issue a confirmation letter within 5 working days after receiving the application from the party concerned.
Article 32: Monetary compensation can be implemented for house demolition, and property rights exchange can also be implemented.
Exchange.
House demolition shall not vary based on different construction projects, and different compensations shall be given to the demolished persons.
Compensation and resettlement standards.
Except as otherwise provided in these Measures, the demolished persons have the right to choose the compensation method.
If the demolished area is used to build similar commercial housing, the demolished area shall be selected for monetary compensation.
People have priority to purchase similar commercial housing in the original location.
Article 33 The amount of monetary compensation shall be issued by the real estate appraisal agency.
The real estate market assessment guide price announced by the city and county people's government when the house demolition is approved,
combined with the location, purpose, construction area, floor, decoration and supporting facilities of the house to be demolished
Determined by application and other factors.
Article 34: When house property rights are exchanged, the demolishers and the demolished persons shall
calculate the amount of compensation and demolish the house in accordance with the provisions of Article 33.
Exchange house prices and settle the property rights exchange difference. In principle, compensation for house property rights exchange
In addition, the building area should generally not be less than the building area of ??the demolished house.
The house ownership certificate and land use right certificate for property rights exchange shall be handled by the demolisher.
And bear the relevant expenses (except deed tax).
The property rights of the attachments of demolished non-public welfare houses shall not be exchanged, and the demolisher shall provide compensation.
Money compensation.
Article 35: The income from demolition is lower than the city or county minimum living security standards.
People who are taken down the route must be properly accommodated. The construction area of ??resettlement houses should not be small.
Within the construction area of ??the original house.
Article 36: When demolishing buildings used for public welfare purposes, the demolishers shall comply with relevant laws.
Reconstruction or monetary compensation shall be given in accordance with the provisions of laws and regulations and urban planning requirements.
Article 37: When a leased house is demolished, the demolisher and the lessee shall terminate the lease relationship.
Lease relationship, or resettlement and demolition of the lessee of the demolished house
Demolition compensation.
If the demolisher and the lessee cannot reach an agreement on terminating the lease relationship, the demolisher shall.
People should exchange property rights of demolished houses. The house whose property rights were exchanged was originally for rent.
If the lessee is the lessee, the person being demolished shall enter into a new house leasing contract with the lessee.
Article 38: If a house is demolished with unclear property rights, the demolisher shall provide compensation.
The resettlement plan must be submitted to the housing demolition management department for approval before demolition can be implemented. Demolish the house and move the residents out
Before demolition, the demolisher should apply to the notary office for evidence on matters related to the house to be demolished.
Safe.
Article 39 The demolition of mortgaged houses shall be carried out in accordance with the relevant national guarantee regulations.
Law enforcement.
Article 40 The residential houses to be demolished belong to state-owned houses or units directly managed by them.
For managed public housing (including non-suite housing), the lessee has the right to purchase a house in accordance with the housing reform policy.
After the lessee pays the purchase price to the house owner in accordance with the housing reform policy, the demolisher shall compensate and resettlement the lessee in accordance with
These measures stipulate.
Article 41 Houses used for demolition and resettlement must comply with relevant laws and regulations.
Comply with relevant technical and quality standards.
The orientation, internal structural layout, and facility design of the demolition and resettlement houses are unreasonable and cause damage.
If it harms the interests of the people being demolished, the housing demolition management department will supervise and modify it.
Demolition is not allowed
Unauthorized changes to the modified design are allowed.
The location selection of the demolished houses should comply with the city's overall plan, and comply with
the determination of the principles for the reconstruction of the old city and the implementation of the construction project. They can be placed in similar places,
or they can be placed in different types of areas.
Article 42 If the demolition of non-residential houses results in the suspension of production and business, the property rights shall be exchanged.
To change the demolisher, the current employees must register with the labor department or obtain a business license.
Based on the indicated number of employees and the minimum demolition labor force for the year stipulated by the municipal and county people’s governments.
Dynamic wage standards are paid by the suspension of production and business demolition subsidies; for those who have participated in social security
During the suspension of production and business, the insured unit shall follow the relevant regulations of the social insurance department implement.
Pay various insurance premiums to the social insurance department on their behalf, and the social insurance department shall provide support.
All fees paid are paid by the insurance department.
The monetary compensation for the demolished persons shall be based on the standards stipulated in the preceding paragraph, and the demolishers
shall pay three-month production and business suspension subsidies.
Article 43 When non-residential houses are demolished, no transitional resettlement housing will be provided. Because
the transportation costs and equipment installation costs incurred by the relocation will be settled through negotiation between the two parties. If the negotiation fails.
Decided by the demolition management department.
If a non-residential house is to be demolished and the parts outside the assessment scope are renovated with the consent of the property owner, the demolisher shall depreciate it based on the original value of the assessment price at an annual rate of 20 Depreciation is accrued (net
value) at a rate, and the contract beneficiary is given a subsidy.
Article 44 If a residential house is to be demolished and converted into a business building, the demolisher will be excluded
According to the one-time relocation subsidy and temporary resettlement subsidy paid by the user, the house
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Some people will be compensated and resettled in residential houses.
No subsidy will be given to those who produce, operate or work in illegal buildings and temporary buildings that have exceeded the approved period
Article 45 Telephone, water supply, power supply, gas supply,
The relocation costs of cable TV shall be compensated by the demolisher according to the charging standards at the time of demolition.
Article 46 The demolisher shall pay moving expenses to the demolished person or the house lessee.
Relocation allowance.
During the transition period, if the demolished person or house lessee arranges their own accommodation, the demolished person or house lessee shall pay a temporary resettlement subsidy for the demolition; if it is necessary to survive the winter, the heating fee shall also be paid.
Help fee. If the demolisher agrees to use the turnover house provided by the demolisher, the demolisher will not pay.
Temporary resettlement subsidy.
Article 47: If property rights are exchanged, the transition period shall be based on the property rights exchanged for the house.
The number of building floors is determined: 65,438 08 months for buildings with 6 floors or less (including 6 floors) and 7 floors (including 7 floors).
The above is 24 months. The demolisher shall not extend the transition period without authorization and use the transitional housing.
People should vacate the spin house on time.
If the transition period is extended due to demolition responsibility, the demolisher shall arrange accommodation by himself.
If it is overdue, in addition to being liable for breach of contract, the building owner or lessee and the demolisher shall also be liable for breach of contract.
Temporary resettlement subsidies will increase from January. If it is overdue within 1 year (including 1 year), the amount will be increased.
The temporary resettlement subsidy will be doubled; if it is overdue for more than one year, the temporary resettlement subsidy will be doubled.
Subsidy.
Article 48: House replacement prices and real estate market assessment guidance prices,
The standards for relocation subsidies, temporary resettlement subsidies, and winter heating subsidies shall be determined by the Price Bank.
The administrative department and the house demolition administrative department * * * have the same calculation method. After organizing a hearing, the municipal and county people's governments should announce it once a year.
Chapter 4 Legal Responsibilities
Article 49 If any person violates the provisions of these Measures and commits any of the following acts, the housing management department
the demolition management department shall order Stop the demolition, give a warning, and implement compensation and resettlement for the demolished people.
A fine of not less than 1 but not more than 3 yuan shall be imposed; if the circumstances are serious, the house demolition permit shall be revoked:
(1) Houses shall be demolished according to the scope of demolition determined in the "House Demolition Permit"
Moved;
(2) Entrusting units that do not have the demolition qualifications to carry out the demolition;
(3) Extending the demolition period without authorization;
Article 50 Anyone who violates the provisions of these Measures and commits any of the following acts will be punished by the house demolition management department
(1) Failure to obtain a house demolition permit If the demolition is proved, the demolition shall be stopped.
If the demolished house is demolished, a warning will be given and a fine of not less than 50 yuan but not more than 20 yuan per square meter of construction area will be imposed.
A fine of not more than 10,000 yuan;
(2) If a house demolition permit is obtained by fraudulent means, the house demolition permit shall be revoked.
If the certificate can be obtained, a fine of 0.3 of the demolition compensation and resettlement funds will be imposed;
(3) If the entrusted demolition unit transfers the demolition business without authorization, it shall be ordered to make corrections.
Illegal gains shall be confiscated and the demolition service fee stipulated in the contract shall be between RMB 25 and RMB 50.
Okay.
Article 51 If a real estate appraisal agency fails to conduct demolition in accordance with the real estate appraisal standards
A warning will be given according to relevant penalty procedures and the qualification level will be reduced.
A fine; if the circumstances are serious, the qualification of the real estate appraisal agency may be revoked.
Article 52: Illegal acts during urban house demolition shall be dealt with in accordance with the law.
Administrative penalties will not be imposed by the local house demolition management department, but will be handled by the higher-level house demolition management department.
The department can order it to impose penalties; if it still fails to make an administrative penalty decision, the superior housing management department
the demolition management department can directly impose administrative penalties on illegal acts.
Article 53: If the house demolition management department and its staff violate laws and regulations, this office shall.
According to the regulations, if one of the following acts is committed, the unit or the superior department shall give administrative sanctions to the directly responsible person in charge or other responsible persons; it constitutes a crime. , be investigated for criminal liability in accordance with
laws:
(1) Issuance of house demolition permits and other approval documents in violation of regulations;
(2) House demolition permits Failure to perform supervision responsibilities after the issuance of certificates and other approval documents.
Management responsibilities;
(3) Investigate and punish illegal activities in house demolition;
(4) Abuse of power, illegally interfere with house demolition activities, and practice favoritism.