Chapter I General Provisions
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 construction projects, these Measures are formulated in accordance with the Regulations on the Administration of Urban House Demolition, the Measures for the Administration of Urban House Demolition in Anhui Province and relevant regulations, and combined with the actual situation of this Municipality.
Second in the implementation of housing demolition on state-owned land within the urban planning area of this Municipality, it is necessary to compensate and resettle the people who have been demolished, and these measures shall be observed and unified policies shall be implemented.
Third demolition work to implement unified management. City real estate management bureau to supervise and manage the work of urban housing demolition, and its subordinate city housing demolition management office is specifically responsible for the management of urban housing demolition.
City construction, planning, planning, city appearance, land, public security, industry and commerce, culture, environmental protection and other departments and the District People's Government shall cooperate with each other according to their respective responsibilities to ensure the smooth progress of urban housing demolition management.
Fourth people must be taken in accordance with the provisions of these measures, to be taken to give compensation and resettlement; The person to be demolished shall obey the needs of urban construction and complete the relocation within the specified 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.
Chapter II Demolition Management
Fifth units that demolish houses can only implement demolition after obtaining the permit for house demolition. To apply for a house demolition permit, the following materials shall be submitted to the Municipal Real Estate Management Bureau:
(a) the approval documents of the construction project;
(two) the construction land planning permit;
(three) the approval document of the right to use state-owned land;
(four) the demolition plan and demolition plan;
(5) A certificate of compensation and resettlement funds issued by a designated financial institution.
The demolition plan specified in Item (4) of the preceding paragraph shall include the scope, method and time limit of demolition; The demolition plan shall include the condition of the house to be demolished, the estimated cost of various compensations and subsidies, the resettlement standard of the house with property right exchange, the graphic design and location of the newly-built resettlement house, the temporary transition mode and its specific measures, etc. The deposit amount of the demolition compensation and resettlement funds specified in Item (5) shall not be less than the total construction area of the house to be demolished multiplied by the benchmark price of monetary compensation for the house in the same location and nature in the previous year, and the house to be demolished for property right exchange can be included at a discount.
Sixth City Real Estate Management Bureau shall, within 30 days from the date of receiving the application for house demolition, conduct a review, and issue a permit for house demolition to those who meet the requirements. For those who do not meet the requirements, return the application 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.
Article 7 The Municipal Real Estate Management Bureau shall, at the same time of issuing the house demolition permit, announce the name of the construction project, the demolition person, the demolition scope, the demolition period, the demolition compensation and resettlement standards and other matters specified in the house demolition permit in the form of a house demolition announcement.
City real estate management bureau and the demolition should be timely to the demolition of publicity and explanation.
Article 8 The demolisher shall carry out house demolition within the scope and time limit specified in the house demolition permit.
Need to expand or narrow the scope of demolition, extend the demolition period, the demolition should be in the demolition period expires 10 days before the city real estate management bureau to apply. City real estate management bureau shall, from the date of accepting the application 10 days to review, to meet the conditions, change the housing demolition permit, and publish the relevant contents of the changed housing demolition permit; For unqualified return applications, explain the reasons.
Ninth people can take their own demolition, demolition can also entrust a qualified unit. City real estate management bureau shall not be taken as a demolition, nor shall it accept the entrustment of demolition.
If the demolisher entrusts the demolition, he shall issue a power of attorney to the entrusted demolition unit and conclude a demolition entrustment contract. The demolisher shall report to the Municipal Real Estate Administration for the record within 05 days from the date when the demolition entrustment contract is concluded.
The entrusted demolition unit shall not transfer the entrusted business.
The implementation of house demolition shall comply with the provisions of laws and regulations such as city appearance, environmental protection and construction safety, implement civilized construction and safe construction, and keep the environment clean and tidy.
Tenth after the demolition scope is determined, the units and individuals within the scope of demolition shall not carry out the following activities:
(1) Building, expanding and rebuilding houses;
(2) Changing the use of houses and land;
(3) renting a house.
City real estate management bureau shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The suspension period shall not exceed one year; If the demolition needs to extend the suspension period, it must be approved by the Municipal Real Estate Administration, and the extension of the suspension period shall not exceed one year.
After receiving the notice from the Municipal Real Estate Management Bureau, the relevant departments shall handle the relevant formalities for the matters listed in this article, and the matters listed in this article shall not be used as the basis for compensation and resettlement for demolition.
Eleventh after the announcement of house demolition, the demolition and demolition should be in the demolition period stipulated in the house demolition permit, and sign the demolition compensation and resettlement agreement in accordance with the provisions of these measures. The agreement shall include the following contents:
(a) the demolition compensation method, monetary compensation amount and payment period;
(two) the area, standard and place of resettlement;
(three) the payment method and time limit for the price difference of the property right exchange house;
(four) relocation period, relocation transition mode and transition period;
(five) relocation subsidies and temporary resettlement subsidies;
(6) Liability for breach of contract and dispute settlement methods;
(seven) other terms agreed by the parties.
Twelfth rental housing demolition, demolition should be taken and the lessee signed a demolition compensation and resettlement agreement.
Demolition of houses entrusted by the Municipal Real Estate Management Bureau, the demolition shall sign an agreement with the trustee on compensation and resettlement for demolition; Escrow housing users, the demolition should be signed with the custodian, housing users demolition compensation and resettlement agreement. The demolition compensation and resettlement agreement stipulated in this paragraph shall be notarized by a notary office, and the evidence shall be kept.
Thirteenth houses to be demolished in any of the following circumstances, the demolition compensation and resettlement program proposed by the demolition, the implementation of the demolition after the approval of the Municipal Real Estate Management Bureau:
(a) there is a property right dispute;
(two) the whereabouts of the property owner is unknown;
(three) some people in the house can not reach an agreement on the compensation method for demolition.
Before the house demolition under the circumstances listed in the preceding paragraph, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the house to be demolished.
Fourteenth after the signing of the demolition compensation and resettlement agreement, if the demolished person or lessee refuses to move within the relocation period, the demolished person 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.
Fifteenth demolition parties can not reach an agreement on compensation and resettlement, upon the application of the parties, the city real estate management bureau ruled. City real estate management bureau shall make a written ruling within 30 days from the date of receiving the application for ruling; Before the ruling is made, the Municipal Real Estate Management Bureau shall listen to the opinions of the parties involved in the demolition.
If the demolition party refuses to accept the ruling, it may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law. Unless it is necessary to stop the execution according to law, if the demolisher has given monetary compensation to the demolished person or provided resettlement houses and revolving houses in accordance with the provisions of these Measures, the execution of the demolition shall not be stopped during the reconsideration and litigation.
Article 16 If the demolished person or lessee fails to relocate within the relocation period stipulated in the ruling, the Municipal Real Estate Management Bureau shall apply to the people's court for compulsory relocation according to law, or the Municipal People's Government shall instruct the relevant departments to implement compulsory relocation.
A hearing shall be held before the implementation of compulsory demolition. The dismantler shall apply for evidence preservation to the notary office about the house to be demolished.
Seventeenth administrative compulsory demolition, in accordance with the following provisions:
(a) the demolition to the city real estate management bureau for compulsory demolition;
(2) The Municipal Real Estate Management Bureau shall conduct on-site investigation within 10 days from the date of receiving the application for compulsory demolition, put forward opinions on compulsory demolition after holding the hearing, and report to the Municipal People's Government with relevant materials such as house demolition permit and award;
(3) The Municipal People's Government shall conduct a review within 10 days from the date of receiving the opinions on forced demolition, make a decision on forced demolition for those who meet the requirements, and instruct the municipal real estate management bureau, public security, city appearance and planning departments, district governments, sub-district offices and other units to organize personnel to carry out forced demolition;
(4) The Municipal Real Estate Management Bureau shall notify the demolition parties before the implementation of compulsory demolition15;
(5) When compulsory demolition is carried out, the Municipal Real Estate Management Bureau shall make a record to prove the process of compulsory demolition and the property to be demolished, which shall be signed by the person subjected to execution and the person subjected to execution. If the person subjected to execution refuses to sign, it shall be indicated in the record.
Eighteenth urban housing demolition involves the relocation of public facilities or various pipelines, the demolition should go through the relevant procedures in accordance with the provisions. The owner shall move by himself within the time limit prescribed by the demolition, and the required relocation expenses shall be compensated by the demolition.
Nineteenth residents in the relocation period stipulated in the demolition compensation and resettlement agreement or ruling, shall not be taken to stop water supply, power supply, gas supply and other acts that affect production and life.
The person to be demolished shall not damage or dismantle the facilities of the house to be demolished.
Twentieth has not yet completed the relocation compensation and resettlement of construction projects, shall be approved by the Municipal Real Estate Management Bureau, the rights and obligations in the original relocation compensation and resettlement agreement will be transferred to the assignee. 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-first demolition should be in the financial institutions designated by the Municipal Real Estate Management Bureau to open a demolition compensation and resettlement fund account, in accordance with the provisions of the demolition compensation and resettlement funds. Without the approval of the municipal real estate management bureau, the demolition shall not use the compensation and resettlement funds.
The funds for compensation and resettlement for demolition shall all be used for compensation and resettlement for house demolition and shall not be used for other purposes. City real estate management bureau should strengthen the supervision of the use of compensation and resettlement funds for demolition.
Twenty-second city real estate management bureau shall collect the following information on house demolition, and establish the archives of house demolition:
(a) the relevant approval documents for house demolition and construction;
(two) the demolition plan and resettlement plan and its adjustment data;
(three) a copy of the entrusted demolition contract;
(four) administrative law enforcement documents in the process of demolition;
(five) other files related to the demolition.
Chapter III Compensation and Resettlement for Demolition
Twenty-third housing demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange. Unless otherwise stipulated by laws and regulations, the demolished person has the right to choose the compensation method for demolition.
Twenty-fourth the use and construction area of the house to be demolished shall be subject to the use and construction area marked by the real estate certificate of the house to be demolished and other effective housing property certificate.
1 April 9901People's Republic of China (PRC) City Planning Law has changed the use of houses and continues to use them according to the changed use. If the application is made by the owner of the house and registered by the Municipal Real Estate Administration, it shall be determined according to the change of use.
Twenty-fifth illegal buildings within the scope of demolition and temporary buildings exceeding the approved period shall be demolished by the owner within the demolition period specified in the house demolition permit. Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; Demolition of temporary buildings that do not exceed the approved time limit shall be compensated according to the project cost of the demolished building combined with the remaining time limit.
Twenty-sixth the amount of monetary compensation for houses to be demolished is determined according to the assessed price of the real estate market. The appraisal price of the real estate market is determined by a legally qualified real estate appraisal agency based on the published benchmark price of monetary compensation, combined with the location, use, construction area, building structure, development and other factors of the house to be demolished.
Article 29 Where the house property right exchange is implemented, the demolisher shall provide resettlement houses not less than the original construction area of the house to be demolished, and the demolisher and the demolished shall calculate the compensation amount of the house to be demolished and the price of the resettlement house in accordance with the provisions of Article 26 of these Measures, and settle the price difference of the property right exchange.
Resettlement houses provided by residents shall meet the national quality and safety standards; Belonging to the new resettlement housing, it shall meet the requirements of the design specifications and pass the acceptance.
Thirtieth people are poor households, the demolition of residential housing per capita construction area is lower than the city's per capita construction area, property rights exchange, the demolition should provide not less than the city's per capita construction area of housing as a resettlement house. If the price of the resettlement house is higher than the price of the demolished house, the price difference between the demolished house and the resettlement house will not be settled.
The poverty-stricken households mentioned in the preceding paragraph refer to urban residents who enjoy the minimum living allowance in accordance with the relevant provisions of this Municipality.
Thirty-first demolition of public housing, the demolition should be rebuilt in accordance with the provisions of laws and regulations and the requirements of urban planning, or give monetary compensation.
Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition.
Thirty-second demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees.
Thirty-third demolition of public housing, housing tenants enjoy the right to purchase in accordance with the housing reform policy, housing tenants to buy, the demolition should be taken in accordance with the law to compensate and resettle; If the lessee fails to purchase a house, the demolisher shall pay 10% of the monetary compensation to the demolished person and 90% to the lessee, and the lease relationship will be terminated, and the lessee will no longer enjoy the monetary subsidy of the house.
Thirty-fourth people who choose to change the property rights of their houses shall have a transition period of no more than 0.8 months for residential houses and no more than 24 months for non-residential houses. The demolisher shall complete the resettlement of the demolished person or lessee within the prescribed transition period. The temporary transition period of monetary compensation is 6 months.
The transition period of the demolition of residential houses and revolving houses can be solved by the demolition or the lessee, and can also be provided by the demolition. If the demolisher provides the revolving room, the demolished person or lessee shall vacate the revolving room within 4 months after receiving the resettlement house.
Thirty-fifth people should be taken to the residential housing demolition or housing tenant to pay relocation subsidies.
The implementation of housing property rights exchange, the demolition or housing tenant from the demolition of housing turnover to resettlement housing, the demolition should pay relocation subsidies again.
Thirty-sixth in the transition period, the demolition of residential housing or housing tenant to solve the housing turnover, the demolition should be from the month of its relocation to the date of resettlement within 4 months to pay temporary resettlement subsidies; Demolition over the transition period did not provide resettlement housing, from the overdue month, in accordance with the original standard of 2 times to pay temporary resettlement subsidies.
Demolition of housing turnover, no longer pay temporary resettlement subsidies. Demolition over the transition period did not provide resettlement housing, in addition to continue to provide turnover housing, from the overdue month, in accordance with the provisions of the standard to pay temporary resettlement subsidies.
Thirty-seventh demolition of non residential housing, the demolition should compensate the demolition or housing tenant the following expenses:
(1) Equipment relocation and installation expenses calculated according to the freight transportation price and equipment installation price stipulated by the state, provinces and cities;
(two) the equipment that can not be restored to use shall be combined into a new settlement fee according to the replacement price;
(three) due to the demolition caused by the suspension of production and business, give appropriate compensation.
Thirty-eighth after the demolition compensation and resettlement of the demolition, the demolition shall hand over the real estate certificate of the demolished house to the demolition, and the demolition shall be handed over to the Municipal Real Estate Management Bureau for cancellation within 2 months.
Residential houses purchased by monetary compensation and residential houses with property rights exchange equal to the construction area of the demolished houses shall be exempted from relevant taxes and fees when handling the real estate license.
Chapter IV Punishment
Thirty-ninth in violation of the provisions of these measures, without obtaining a permit for house demolition, unauthorized demolition, the city real estate management bureau shall be ordered to stop the demolition, given a warning. And impose a fine of more than 20 yuan and less than 50 yuan per square meter of the demolished construction area.
Fortieth demolition in violation of the provisions of these measures, to obtain housing demolition permit by deception, the city real estate management bureau shall revoke the housing demolition permit, and impose a fine of 0% to 3% of the demolition compensation and resettlement funds.
Forty-first demolition in violation of the provisions of these measures, one of the following acts, the city real estate management bureau shall be ordered to stop the demolition, given a warning, and may impose a fine of less than 3% of the demolition compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked:
(a) the implementation of house demolition is not in accordance with the scope of demolition determined by the house demolition permit;
(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-second commissioned demolition units in violation of the provisions of these measures, the transfer of demolition business, the city real estate management bureau shall order it to make corrections, confiscate the illegal income, and impose a fine of more than 25% and less than 50% of the demolition service fee stipulated in the contract.
Article 43 If a real estate appraisal institution fails to appraise the demolished house in accordance with the provisions of these Measures, the appraisal result will be invalid, and the Municipal Real Estate Management Bureau will order it to re-evaluate and impose a fine of 1 10,000 yuan but not more than 30,000 yuan; If the circumstances are serious, it shall be reported to the department that issued the qualification certificate to lower its qualification level or cancel its qualification.
If a real estate appraisal institution commits the acts listed in the preceding paragraph and causes property losses to the parties involved in the demolition, it shall be liable for compensation according to law.
Article 44 If the Municipal Real Estate Management Bureau and its staff commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given a warning or demerit; If the circumstances are serious, give a demerit until dismissal; 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;
(two) after the issuance of the approval documents such as the house demolition permit, it fails to perform the demolition management duties or investigate and deal with illegal acts;
(3) Failing to issue an announcement on house demolition in accordance with the provisions of these Measures;
(four) as a demolition or entrusted to carry out the demolition;
(five) illegal demolition ruling;
(six) the illegal implementation of compulsory demolition.
Whoever commits the acts listed in the preceding paragraph and causes property losses to the parties involved in the demolition shall be liable for compensation according to law.
Chapter V Supplementary Provisions
Forty-fifth the benchmark price, compensation standard and cost of monetary compensation for house demolition involved in these Measures shall be formulated by the Municipal Real Estate Management Bureau in conjunction with the municipal price and land departments, and published in a timely manner.
Forty-sixth in the urban planning area of foreign land for housing demolition, and the need for compensation and resettlement, with reference to these measures.
Article 47 These Measures shall come into force as of August 6, 2004. 1July, 1992 13, the measures for the administration of urban housing demolition in Tongling and the trial measures for monetary resettlement for residential housing demolition in Tongling promulgated by the municipal government in June, 2000 165438 shall be abolished at the same time.