First, although many NPC deputies and CPPCC members called for it, the Regulations on the Management of Rural House Demolition has not yet been promulgated, resulting in a situation that cannot be followed;
Second, the nature of distinguishing houses is not determined by the nature of household registration, but by the nature of land involved in demolition, that is, state-owned land or collective land;
3. If the property you rent is state-owned land, the Regulations on the Administration of Urban House Demolition shall apply in the urban planning area, and refer to the Regulations on the Administration of Urban House Demolition outside the planning area;
Fourth, it is important to remind you that although the demolition regulations vary from place to place, there are basically laws to follow. I suggest you consult the local demolition department in detail, or consult the professional lawyers of the local law firm. The answer they give you may be the most accurate;
5. The subsidy for the demolition of business premises is generally the right of the house, not the person. You can see whether you can uphold your rights and let the lessor come forward if necessary.
Haha, God's will! I just helped you find the Interim Provisions on Compensation for Demolition of Houses Expropriated by Collective Land in Qingdao, and the last one clearly stipulates that Huangdao District shall refer to it.
Article 1 In order to speed up the process of urbanization, standardize the compensation activities of collective land and house demolition, and safeguard the legitimate rights and interests of the parties, these Provisions are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this Municipality.
Article 2 These Provisions shall apply to the compensation for the demolition of houses and their ancillary facilities (hereinafter referred to as the compensation for the demolition of land-expropriated houses) within the scope of Shinan District, Shibei District, sifang district District and Licang District of this Municipality due to the overall transformation of villages in cities and land reserve.
Article 3 The Qingdao Municipal Bureau of Land Resources and Housing Management shall be in charge of the administrative management of compensation for house demolition due to land requisition in the whole city.
Qingdao Housing Demolition Management Office is specifically responsible for the administrative work of compensation for land acquisition and demolition in Shinan District, Shibei District, sifang district District and Licang District of this Municipality. Construction, planning, agriculture, public security, industry and commerce, price and other administrative departments shall, in accordance with their statutory duties, cooperate in relevant management work.
Fourth compensation for land acquisition and demolition shall be implemented by the demolition or its entrusted demolition undertaker with the qualification of house demolition.
Article 5 The compensators for house demolition and relocation of expropriated land (hereinafter referred to as the demolished) shall confirm with the collective land use certificate issued according to law, and the compensation for house demolition and relocation of expropriated land shall be implemented.
Article 6 The determination of the compensation construction area for house demolition shall be based on the housing construction area specified in the house property certificate issued according to law or the house approval document.
Seventh housing demolition compensation can be monetary compensation, housing compensation can also be implemented.
Eighth residential housing demolition, monetary compensation, according to the average selling price of ordinary residential commercial housing in the area where the house was demolished and the construction area of the house was demolished, the demolition compensation fee shall be settled. If the area where the demolished house is located belongs to the planned non-residential land, the demolition compensation shall be settled in accordance with the compensation price of residential housing and the housing construction area approved by the Municipal Price Bureau in conjunction with the Municipal Bureau of Land Resources and Housing Management.
The demolition of residential housing monetary compensation, according to the demolition of housing in the area of affordable housing sales price and housing construction area multiplied by the coefficient of 0.5 to determine the area, for the demolition of housing improvement fees. When demolishing residential houses and implementing housing compensation, the total amount of demolition compensation and housing improvement fees settled by monetary compensation shall be used to provide equivalent houses to the demolished people. If there is a difference between the housing price and the total compensation for demolition and the housing improvement fee, the difference shall be settled.
Ninth demolition of non-residential housing, monetary compensation, demolition compensation in accordance with the market evaluation price of the house to be demolished and housing construction area calculation, demolition compensation paid in full to the demolition.
Demolition of non-residential houses, the implementation of housing compensation, the demolition of people in accordance with the monetary compensation and resettlement to provide a considerable price of housing. If there is a difference between the house price and the compensation for demolition, the difference shall be settled.
Tenth demolition of illegal buildings and overdue temporary buildings, no compensation.
If temporary buildings are demolished within the approved period, appropriate compensation may be given, unless compensation is not stipulated when temporary buildings are approved.
Eleventh after the announcement of land acquisition, the demolition has obtained the approval documents for building and the house has been built, and the house shall be compensated. When the demolition announcement or land acquisition announcement is issued, if the demolition person has obtained the approval document for building but the new house has not been completed, the demolition person should immediately stop building, and the specific compensation amount can be agreed by the demolition parties through consultation.
Twelfth housing demolition compensation parties shall sign a demolition compensation agreement. The demolition compensation agreement shall include the following main contents:
(a) the demolition, demolition contractor and demolition;
(two) the address and construction area of the house to be demolished;
(3) compensation methods;
(four) the content of monetary compensation: the amount, payment method and time of demolition compensation fee and house improvement fee;
(5) Housing compensation content: the address, house number, apartment type, construction area and delivery time of the compensated house, the price of the compensated house, the payment method and time of the difference, the ownership of the house and the formalities;
(six) relocation time and relocation subsidies, temporary transitional subsidies;
(seven) the liability for breach of contract and dispute handling methods;
(8) Other agreements.
Thirteenth housing demolition compensation, the demolition should be in accordance with the provisions of a one-time payment to the demolition of relocation subsidies. Among them, residential houses are calculated by 400 yuan per household, and non-residential houses are calculated by 30 yuan per square meter of construction area.
Fourteenth demolition of residential houses according to the construction area per square meter 1 10 yuan, a one-time payment to the demolition of temporary transitional subsidies.
Due to the demolition of non-residential housing caused by the loss of production and business, the demolition of people in accordance with the construction area of each square meter of 500 yuan to give a one-time business subsidy.
If operating subsidies are paid to the residents, temporary transitional subsidies will no longer be paid.
Fifteenth demolition parties failed to reach a house demolition compensation agreement through consultation within the time limit stipulated in the demolition announcement, any party may apply to Qingdao Housing Demolition Management Office for a ruling. If a party refuses to accept the decision, he may bring a suit in a people's court within 15 days from the date of receiving the award. If neither the prosecution nor the ruling is executed within the time limit, the Qingdao Housing Demolition Management Office shall apply to the people's court for compulsory execution according to law.
Sixteenth expropriation of collective land compensation and resettlement subsidies, young crops subsidies and land compensation fees, in accordance with the relevant provisions of the state and province. The compensation scheme for collective land expropriation shall be implemented after being approved by Qingdao Municipal Bureau of Land Resources and Housing Management.
Housing demolition compensation standards should be incorporated into the collective land compensation scheme for announcement.
Seventeenth refuse or obstruct the administrative department staff to perform official duties, according to the "Regulations of the people's Republic of China on administrative penalties for public security", shall be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Eighteenth staff members of the relevant administrative departments dereliction of duty, abuse of power, corruption, given administrative sanctions by their units or the competent authorities at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.