The laws and regulations related to the renovation of dilapidated houses are as follows:
First, the principle of compensation for housing demolition in shantytown renovation.
(1) People-oriented, giving priority to people's livelihood. Starting from the overall situation of maintaining social stability and building a harmonious society, and focusing on the interests of the people in shanty towns, we should fully consider and properly solve the housing problems of low-income families with housing difficulties in shanty towns, give preferential policies and reasonable care, promote the establishment of housing security system in our city, and ensure "living and living".
(two) open, fair and harmonious demolition. Protect the legitimate rights and interests of residents who have been demolished in shanty towns according to law, and achieve mass participation, social supervision and sunshine operation, so as to reduce contradictions and disputes in demolition.
(3) Overall consideration and reasonable compensation. According to the market situation and local conditions, we should handle all kinds of interest relations in the process of house demolition, not only to make the families with difficulties in demolition get benefits and benefits, but also to control the demolition cost reasonably, taking into account the legitimacy and rationality of the demolition compensation policy.
(4) Unity and continuity. Unifying with the national, provincial and municipal demolition laws and policies, paying attention to the convergence of old and new policies, and maintaining the continuity and stability of the city's demolition and transformation policies are not only conducive to promoting the transformation of shanty towns, but also conducive to the smooth implementation of non-shantytown demolition.
Second, the regulations on compensation and protection for house demolition.
(a) the compensation for the demolition of residential houses
1. Residents of shantytown renovation projects can choose monetary compensation or property rights exchange.
2. Where monetary compensation is implemented, the amount of monetary compensation shall be determined by the real estate market valuation according to the location, use, construction area and new development of the house to be demolished. If the parties to the demolition reach an agreement through consultation, it shall be implemented in accordance with its agreement.
3, the implementation of property rights exchange, in accordance with the "demolition of one also one", the settlement structure price difference, by the demolition of houses in accordance with the replacement price combined into a new and property rights exchange resettlement housing Jian' an cost settlement price difference.
According to the construction area of the demolished residential house, the property right exchange house is placed in the nearest standard apartment. The room design of property right exchange should meet the actual needs. The design standards of the house type for property rights exchange and resettlement are: one and a half rooms with a building area of 50 square meters, two rooms with a building area of 60 square meters and two rooms with a building area of 70 square meters; At the same time, one-bedroom or one-and-a-half-bedroom is set up, and the design standard is 40 square meters.
The part of the demolished house with a construction area of less than 70 square meters is exempt from the structural price difference. Beyond the demolition of housing construction area, the nearest part of the property rights exchange and resettlement, according to the comprehensive construction cost to pay the purchase price. The person who has been taken down requests to be placed with a house exceeding the standard apartment building area, and the part exceeding the standard apartment building shall be paid according to the sales price of the commercial house.
If the new project plan approved within the scope of transformation can meet the property right exchange, the property right exchange shall be implemented within the scope of transformation; After the demolition, due to the needs of municipal and other public welfare undertakings, the approved new planning can not meet the property rights exchange, and the property rights exchange should be implemented in the area designated by the district government. Relocation of the demolition, in accordance with the provisions of the standard huxing, according to the location changes to adjust the construction area of property rights exchange housing. Specific standards shall be formulated by the district governments themselves.
4, the demolition of residential housing for business use, the choice of residential housing placement, you can refer to the standard of residential housing property rights exchange and then rely on a set of standard huxing, beyond the demolition of housing construction area by the property rights exchange resettlement huxing part, you can pay the purchase price according to the comprehensive construction cost.
The identification of operating residential houses shall be implemented in accordance with the Interim Measures for the Administration of Urban Housing Demolition in Harbin.
5. The comprehensive cost and Jian 'an cost involved in the property right exchange house shall be announced by the municipal construction administrative department.
(B) residential housing demolition safety
1, the per capita construction area of demolished houses is lower than the per capita construction area standard of our city last year, and the total construction area is less than 40 square meters (including 40 square meters). If the family is unable to fully pay the purchase price of the standard apartment with a construction area of 50 square meters, it can be placed in the security apartment with a construction area of 40 square meters, and the purchase price of the security apartment with a construction area of 40 square meters can be paid according to the construction and installation cost of the resettlement house; It is also possible to temporarily rent the part of the affordable apartment that exceeds the area of the demolished house according to the cost price rent standard. After the economic conditions of the demolished people are improved, they can pay the purchase price and change the nature of property rights.
2, the per capita construction area of the family is lower than the per capita construction area standard of our city last year, and the monetary compensation amount is lower than the minimum compensation standard stipulated in the Interim Measures for the Administration of Urban Housing Demolition in Harbin, which shall be implemented in accordance with the minimum compensation standard.
3, to hold the "urban residents minimum living guarantee certificate" of the demolition or public housing tenant, to give 20 thousand yuan to take care of; The disabled registered in the "Minimum Living Security Certificate for Urban Residents" and holding the "People's Republic of China (PRC) Disabled Persons' Card" will be given 1 10,000 yuan for care.
4, with the qualification of affordable housing purchase or monetary subsidies, and with the qualification of low-rent housing security, the demolished families, after compensation and resettlement in accordance with this policy, still have the qualification of affordable housing purchase or monetary subsidies and low-rent housing security, after applying for re-examination, they can directly enjoy the policy of affordable housing or low-rent housing in accordance with the relevant provisions.
(3) Compensation for removal of non-residential houses
Demolition of non-residential housing, in accordance with the "Interim Measures" of Harbin city housing demolition management.
Third, the treatment of unlicensed houses.
(a) for the city planning department identified as illegal construction, or provide false housing licenses to obtain income of all housing, by the planning, urban management administrative law enforcement, public security and other departments to investigate and deal with according to law, no compensation. Personnel involved in issuing false housing certificates shall be dealt with by discipline inspection and supervision, public security and other departments in accordance with relevant regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
(two) the demolition of unlicensed houses, housing users can actively support the demolition work, and at the same time meet the following conditions, to give relief subsidies:
1, with permanent residence in Harbin within the scope of demolition;
2, the per capita construction area of the family is lower than the per capita construction area standard of our city last year;
3. The house has living conditions and functions;
4. I have lived here for a long time and have no other housing.
(three) in line with the conditions of subsidy relief and have the qualification of affordable housing or low-cost housing security, you can directly enjoy the policy of affordable housing or low-cost housing.
(four) do not meet the conditions of subsidy relief but actively support the demolition work, and the demolition of illegal buildings within the prescribed time limit, can be given appropriate subsidies.
(5) If the house ownership certificate has not been obtained, but there are legal procedures such as land and planning to prove the source of the house at the same time, the planning, land and resources, real estate management, supervision and other departments will form a joint review group, and after confirming that the examination and approval procedures are true and legal, compensation will be made with reference to the house with the house ownership certificate; Due to historical reasons, houses with incomplete demolition procedures will be confirmed by the joint review team, and reasonable compensation will be given with reference to houses with house ownership certificates.
(six) the subsidy standard is formulated by the district government according to the actual situation. The disposal of unlicensed houses shall be publicized.
Fourth: Other relevant regulations.
(a) in line with the housing reform policy but not the implementation of the housing reform of the demolition of residential housing, in principle, the first housing reform, housing tenant to pay the cost of housing reform, the demolition of housing tenant in accordance with the standards of housing owners in accordance with the law for compensation and resettlement.
(two) the demolition of housing area in accordance with the comprehensive construction cost or Jian 'an cost to pay the purchase price, mutatis mutandis, affordable housing for property rights; If the demolished person requests to pay the purchase price of the superstructure area according to the sales price of the commercial housing, he shall handle the property right of the commercial housing.
(three) the demolition (including housing tenants, users) can only enjoy a shantytown demolition concessions.
(four) in the transformation of shanty towns, to actively cooperate with the demolition work of the demolition or demolition of housing tenants, to give appropriate incentives, incentives by the district government to develop their own.
(five) for individual residents who refuse to move because of unreasonable demands and affect the interests of the vast majority of residents who have been demolished, compulsory demolition shall be carried out according to law.
(VI) These Provisions apply to the renovation and demolition projects of shanty towns in Daoli District, Daowai District, nangang district, Xiangfang District, Pingfang District and Songbei District of this Municipality.
(seven) matters not covered in these Provisions shall be implemented in accordance with the relevant provisions of the Interim Measures for the Administration of Urban Housing Demolition in Harbin.
(eight) these Provisions shall come into force as of the date of promulgation. Before the implementation of these regulations, the demolition projects that have obtained the house demolition permit shall still be implemented according to the original policy.
Second, how to protect rights without compensation for the demolition of old houses
According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land, the expropriation and demolition of houses are based on compensation first and then demolition, so it is illegal not to remove compensation, and the parties can safeguard their legitimate interests through litigation.
1. If there is no objection to the compensation amount in the compensation agreement, but the compensation specified in the agreement has not been obtained. You can sue the court to fulfill the agreement.
2. After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
Therefore, if the demolition department fails to pay the compensation according to the time agreed in the agreement, the demolished person can take the agreement to the court for performance.
regulations on the expropriation and compensation of houses on state owned land
Article 25 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Regulations, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house used for property right exchange, relocation expenses, temporary resettlement expenses or turnover of the house, loss of production or business suspension, relocation period, transition mode and transition period.
After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
Article 26 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of this Ordinance, and make an announcement within the scope of house expropriation.
The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 25 of these Regulations.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Twenty-seventh the implementation of housing expropriation should be compensated first, and then moved.
After the people's government at the city or county level that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision.
No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.
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