Measures for the Administration of Urban House Demolition in Songyuan City
Source: | Time: February 3, 2006 15: 57: 29
Chapter I: General Principles
Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the demolition parties and ensure the smooth progress of urban construction, these Measures are formulated in accordance with the Regulations of the State Council Municipality on the Administration of Urban House Demolition and the Regulations of Jilin Province on the Administration of Urban House Demolition, and in combination with the actual situation of this Municipality.
Article 2 These Measures shall apply to the house demolition on the state-owned land in the urban planning area within the administrative area of this Municipality, and it is necessary to compensate and resettle the people who have been demolished.
Article 3 House demolition shall conform to the urban planning, which is conducive to the transformation of old districts 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 these measures, to be taken to give compensation and resettlement; The person to be demolished shall complete the relocation within the agreed 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.
Fifth Songyuan City Construction Bureau is responsible for the supervision and management of the city's urban housing demolition work, specifically responsible for the supervision and management of housing demolition in urban planning areas (except Guo Qian Town). Songyuan City Housing Demolition Management Office is responsible for the daily work of demolition management, and its main responsibilities are:
(a) responsible for the implementation of laws and regulations on housing demolition, guidance and supervision of housing demolition compensation and resettlement work;
(two) to review the qualifications of the demolition unit and the demolition unit; Training, assessment of demolition staff, issued a "demolition post certificate";
(three) the release of the city's real estate appraisal agency information;
(four) to accept the application for demolition, review the relevant documents, review the demolition plan and the demolition plan, and issue the house demolition permit and the house demolition permit;
(five) to supervise and manage the use of compensation and resettlement funds;
(six) issued a "housing demolition notice" and issued a "notice of suspension";
(seven) to decide the demolition dispute according to law;
(eight) investigate and deal with illegal demolition behavior;
(nine) to accept and receive letters and visits related to house demolition;
(ten) the establishment of the demolition file system, the management of demolition files.
The county people's government is responsible for the management of housing demolition work, supervision and management of urban housing demolition work within their respective administrative areas.
All relevant departments shall, in accordance with their respective responsibilities, do a good job in the management of urban housing demolition.
Chapter II 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, the following materials shall be submitted to the local city and county house demolition management department:
(1) A written application;
(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 demolition plan and demolition plan;
(six) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business;
(seven) other documents that should be submitted by the house demolition management department.
Article 8 The demolition plan shall include the scope, mode, duration, commencement and completion time of demolition.
The 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 9 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 in the same lot and with the same nature in the previous year, and the house used by the demolition person for property right exchange can be included at a discount. Housing demolition management department should strengthen the supervision and management of the use of compensation and resettlement funds for demolition, and the specific measures shall be formulated by the municipal housing demolition management department.
Tenth housing demolition management department shall, within 30 days from the date of receiving the application for demolition, review the application matters; After examination, to meet the conditions, issued a permit for house demolition; Do not meet the conditions, shall not be issued, notify the applicant in writing and explain the reasons.
Article 11 When issuing the house 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, and promptly notify the planning, real estate, land, industry and commerce departments in writing to suspend the following matters within the demolition scope:
(1) Building, expanding and rebuilding houses;
(two) the transfer, mortgage, lease and change of use of real estate;
(three) the newly registered industrial and commercial business license.
Article 12 After receiving the house demolition permit, the demolisher shall inform the demolished person of the contents of the announcement in time, and carry out house demolition within the scope and period of demolition determined by the house demolition permit. If it is necessary to extend the demolition period due to justifiable reasons, the demolisher shall apply to the house demolition management department for extending the demolition period before the expiration of 15, and the house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition. If the house demolition permit is not received within 3 months from the date of issuance, it will automatically become invalid.
Thirteenth residents can entrust a unit with the qualification of house demolition to carry out the demolition; Demolition has the qualification of house demolition, and can also be removed by itself. Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
Fourteenth 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.
Fifteenth demolition, demolition units shall issue a power of attorney, and conclude a demolition contract. The demolisher shall, within 5 days from the date when the demolition entrustment contract is concluded, report the entrustment contract to the house demolition management department for the record. The entrusted demolition unit shall not transfer the demolition business.
Article 16 The dismantler or the entrusted house dismantler shall strictly abide by the relevant provisions on house dismantlement, and after the announcement of house dismantlement is issued, do a good job in sending the announcement of house dismantlement, publicizing and explaining the relevant policies and regulations, verifying the ownership certificate of the demolished house, the house lease relationship and other relevant documents and materials, and entrusting a real estate appraisal agency to evaluate the price of the demolished house.
Seventeenth housing demolition management department in the release of housing demolition notice, should be taken by the demolition, demolition of people to choose more than two real estate appraisal institutions with evaluation qualifications; Demolition, demolition can also choose other real estate appraisal institutions with evaluation qualifications to evaluate the demolished houses. Demolition, demolition should be made within 5 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. The two evaluation results are within the error range stipulated by the province, and the original evaluation results are implemented. 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 parties concerned shall apply, and the house demolition management department shall 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, according to the application of the parties, the house demolition management department will organize experts 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 18 During the period of demolition announced by the demolition management department, the demolition and relocation persons shall, in accordance with the provisions of these Measures, sign a compensation and resettlement agreement on compensation form, compensation amount, payment method, payment period, resettlement area, resettlement place, relocation period, transition mode and period, liability for breach of contract and other matters that the parties think need to be clarified. Demolition of rental housing, the demolition should be taken and the lessee signed a demolition compensation and resettlement agreement.
Nineteenth housing demolition management department of housing demolition, demolition compensation and resettlement agreement must be notarized by a notary public, and save the evidence.
Twentieth after the conclusion of the demolition compensation and resettlement agreement, the demolition or lessee refuses to move within the relocation period, the demolition may apply to the Arbitration Commission 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.
Twenty-first demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, after 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, it may bring a lawsuit to the people's court within 3 months from the date of service of the award. In accordance with the provisions of these measures, the demolition has given monetary compensation to the demolition or provided resettlement houses and revolving houses, and the implementation of demolition will not be stopped during the litigation.
Article 22 If the demolished person or lessee fails to relocate within the relocation period stipulated in the ruling, the people's government of the city or county where the house is located shall instruct the relevant 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 shall apply to the notary office for evidence preservation on matters related to house demolition.
Twenty-third demolition involves military facilities, churches, temples, cultural relics and other houses, in accordance with the provisions of relevant laws and regulations.
Twenty-fourth has not yet completed the relocation compensation and resettlement of construction projects, should be approved by the housing demolition management department. The relevant rights and obligations in the original demolition compensation and resettlement agreement are then 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.
Twenty-fifth demolition in the demolition period announced by the housing demolition management department, shall not stop water supply, power supply, heating, gas supply and other acts that affect the normal production and life of the demolition or lessee. Due to house demolition, water, electricity and heating are stopped outside the scope of demolition, and the demolition shall be resumed in time; Or by the relevant departments to be restored, the relevant costs borne by the demolition. When the person to be demolished or the lessee moves, the relevant departments shall go through the formalities of registered permanent residence's relocation, children's transfer, industrial and commercial enterprises or individual industrial and commercial households' change and cancellation of registration. Demolition in time, and the relevant expenses shall be borne by the demolished person.
Twenty-sixth people who have been taken or the lessee of the house should keep the original house intact when moving, and must not damage the facilities within the scope of the house evaluation value. Offenders must bear the responsibility of economic compensation.
Twenty-seventh demolition management departments should strengthen the management of demolition files. The demolisher in house demolition shall timely sort out and properly keep the demolition files. Within 30 days after the completion of the demolition, the household files of the demolished houses shall be handed over to the house demolition management department, and the relevant procedures such as land use right certificate and house ownership certificate cancellation registration of the demolished houses shall be handled. Belong to public housing, housing property owners should recover the housing lease certificate and cancel the registration.
Twenty-eighth after the demolition, the demolition should be reported to the housing demolition management department for acceptance. If all the buildings (structures) and related facilities within the scope of demolition have been demolished, an acceptance certificate shall be issued; The relevant units shall handle the construction project planning permit and construction permit with this qualified form.
Twenty-ninth housing units to implement the statistical reporting system. Demolition should be regularly to the housing demolition management department to fill in the housing statistics.
Chapter III Compensation and Resettlement for Demolition
Thirtieth people should be taken in accordance with the provisions of these measures, to be taken compensation. Demolition of illegal buildings and facilities shall not be compensated, and shall be handled by the planning and supervision department in accordance with the relevant provisions of laws and regulations. Demolition of approved temporary buildings (excluding residents' warehouses) and related engineering facilities (such as temporary engineering pipelines and structures, etc.). ), if the construction time is less than 1 year, compensation shall be paid according to the replacement price of such houses and 50% of the cost price of engineering facilities; If the construction time is more than 1 year and less than 2 years, compensation shall be paid according to 25% of the replacement price of such houses and the cost price of engineering facilities; Houses and engineering facilities that have been built for more than 2 years (including 2 years) and have not gone through the formalities for extension of examination and approval and agreed not to be compensated when approving temporary buildings and engineering facilities shall not be compensated. If the underground overhead floor of the demolished house is more than 2.2 meters and the foundation is deep, the construction area shall be calculated according to half of the peripheral area of the overhead floor, and compensation shall be made according to the replacement price of such houses.
Thirty-first demolition of housing construction area and housing use identification, to the housing ownership certificate issued by the administrative department of housing or property registration card marked on the area and use shall prevail. Before the demolition, the ownership of the house has been transferred or the registration of change has not been handled, or the recorded area of the house ownership certificate is inconsistent with the actual area, and the house administrative department shall issue a confirmation letter within 5 working days after receiving the application from the party concerned.
Thirty-second 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 resettlement standards. Unless otherwise stipulated in these measures, the person being taken 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 33 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 people's government of the city or county when issuing the house demolition permit, combined with the location, use, construction area, floor, decoration and supporting facilities of the house to be demolished.
Thirty-fourth the implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of Article 33 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. In principle, the construction area of housing property rights exchange compensation should generally not be less than the construction area of the demolished house. Property rights exchange of housing ownership certificates and land use certificates shall be handled by the demolition, and bear the relevant expenses (except deed tax). No property right exchange shall be carried out for the appendages of the demolition of non-public welfare houses, and the demolition person shall give monetary compensation.
Thirty-fifth demolition income is lower than the city and county minimum living security line below the demolition must be properly placed. The construction area of resettlement houses should not be less than that of the original houses.
Thirty-sixth demolition of public housing, the 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-seventh demolition of rental housing, the demolition of housing tenant to terminate the lease relationship, or the demolition of housing tenant 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 right exchange is leased by the original lessee, the person to be demolished shall re-conclude the house lease contract with the house lessee.
Thirty-eighth demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the housing demolition management department for examination and approval before the implementation of demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Thirty-ninth demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees.
Fortieth residential houses to be demolished belong to state-owned 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 house purchase price to the house owner in accordance with the housing reform policy, the demolisher shall compensate and resettle the lessee in accordance with the provisions of these measures.
Forty-first houses used for demolition and resettlement must comply with the provisions of relevant laws and regulations, and meet the relevant technical and quality standards. The orientation, internal structure layout and facilities design of the house for demolition and resettlement are unreasonable, which damages the interests of the demolished, and the house demolition management department shall supervise the modification. The demolition shall not change the revised design without authorization. The location of house demolition and resettlement shall conform to the overall urban planning and be determined in accordance with the principle of being conducive to the transformation of old areas and the implementation of construction projects. It can be placed in the same area or in different areas.
Article 42 If the demolition of non-residential houses results in the suspension of production or business, the subsidy for suspension of production or business shall be paid to the demolished person according to the number of employees registered by the labor department or the business license and the minimum labor wage standard of the year of demolition stipulated by the people's government of the city or county; For units that have participated in social insurance, during the period of suspension of production and business, residents should pay various insurance benefits to the social insurance department on their behalf according to the relevant provisions of the social insurance department, and the expenses paid by the social insurance department shall be paid by the insurance department. Monetary compensation shall be paid to the demolished person, and the subsidy for suspension of production and business for 3 months shall be paid to the demolished person according to the standards specified in the preceding paragraph.
Forty-third demolition of non residential houses, do not provide transitional resettlement housing turnover. Transportation expenses and equipment installation expenses arising from relocation shall be settled by both parties through consultation. If negotiation fails, the demolition management department shall make a ruling. Demolition of non-residential houses, the part beyond the scope of assessment, with the consent of the property owner has been renovated, by the demolition of the original value (net value) of the annual depreciation rate of 20%, and the beneficiaries agreed in the contract to give subsidies. Forty-fourth demolition of residential housing converted into business premises, the demolition of people in addition to a one-time payment of relocation subsidies and temporary resettlement subsidies to users, the housing owners according to the residential housing compensation and resettlement. No subsidy will be given to those who produce, operate or live in illegal buildings or temporary buildings that exceed the approved period.
Forty-fifth telephone, water supply, power supply, gas supply, cable TV relocation and other expenses caused by house demolition shall be compensated by the demolition according to the charging standard at the time of demolition.
Forty-sixth 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; Need for winter, heating subsidies should also be issued. 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.
Article 47 In case of property right exchange, the transition period shall be determined according to the number of floors of the property right exchange house: 65,438+08 months for the buildings below 6 floors and 24 months for the buildings above 7 floors. The demolisher shall not extend the transition period without authorization, and the user of the swing space shall vacate the swing space on schedule. If the transition period is extended due to residents' responsibilities, the residents or tenants who arrange their own accommodation shall bear the liability for breach of contract and pay temporary resettlement subsidies from the overdue month. If the overdue period is within 1 year (including 1 year), the temporary resettlement subsidy will be increased by 1 times; If the overdue period exceeds 1 year, the temporary resettlement subsidy will be increased by 2 times.
Article 48 The standards for the replacement price of houses, the guidance price for real estate market evaluation, relocation subsidies, temporary resettlement subsidies and winter heating subsidies shall be calculated by the competent price department and the house demolition management department, and announced to the people's governments of cities and counties once a year after organizing the hearing.
Chapter IV Legal Liability
Forty-ninth in violation of the provisions of these measures, 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 0% and less than 3% of the demolition compensation and resettlement funds; 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;
Fiftieth in violation of the provisions of these measures, one of the following acts shall be punished by the house demolition management department;
(a) without obtaining the permit for house demolition, it shall be ordered to stop the demolition, given a warning and imposed a fine of more than 20 yuan and less than 50 yuan per square meter of the construction area of the house to be demolished;
(two) to obtain the permit for house demolition by deception, revoke the permit for house demolition, and impose a fine of 0% to 3% of the compensation and resettlement funds for demolition;
(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.
Fifty-first real estate appraisal institutions failed to assess the demolished houses in accordance with the norms of real estate appraisal, and were given a warning and lowered their qualification level in accordance with the relevant punishment procedures; If the circumstances are serious, the qualification of real estate appraisal agency may be cancelled.
Fifty-second illegal acts in urban housing demolition shall be given administrative punishment according to law, and the local housing demolition management department shall not punish them, and the higher-level housing 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 impose administrative punishment on illegal acts.
Fifty-third housing demolition management departments and their staff in violation of the provisions of these measures, 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.
Chapter V Supplementary Provisions
Fifty-fourth in the urban planning area, the implementation of housing demolition on foreign land and the need for compensation and resettlement of the demolition, with reference to these measures. Before the implementation of these measures, if the demolition project, housing demolition compensation and resettlement and other matters have been approved, the original provisions shall still be implemented. The specific issues in the implementation of these Measures shall be interpreted by the municipal housing demolition management department.
Article 55 These Measures shall come into force as of May 25, 2002. 200 1 The Measures for Urban Housing Demolition and Resettlement in Songyuan City promulgated by Songyuan Municipal People's Government on March 23, 2006 (Order No.1 Municipal Government 1) shall be abolished at the same time.