Qingzheng Notice [2021] No. 4
According to the municipal government’s central city construction plan, the houses and attachments within the red line of the Zhiba Road reconstruction and surrounding projects need to be expropriated. According to The provisions of Article 8 of the "Regulations on the Expropriation and Compensation of Houses on State-owned Land" (State Council Order No. 590) and the "Measures for the Expropriation and Compensation of Houses on State-owned Land in Huai'an City" (Huai Zhenggui [2020] No. 1) shall be cleared. The People's Government of Jiangpu District made a "House Expropriation Decision" (Qingzheng Zhengjue [2021] No. 4) on the reconstruction of Zhiba Road and surrounding projects. Matters related to this decision are now announced as follows:
1. Project name: Zhiba Road Reconstruction and Surrounding Projects.
2. Expropriation scope: to the financial center in the east, Huanyu Road in the south, Shuidu New Village and Wanda Plaza in the west, and Datong Road in the north (specifically refer to the red line map).
3. Collection department: Housing and Urban-Rural Development Bureau of Qingjiangpu District, Huaian City.
4. Expropriation implementation unit: Huaian City Qingjiangpu District House Expropriation Service Center.
5. Expropriation compensation and resettlement plan: see the attachment for details.
6. Time schedule: The house expropriation work for this project will officially begin on August 25, 2021. Signing period: From the date of announcement of the preliminary assessment results of the expropriated houses into households until November 16, 2021. The bonus period is agreed to be 30 days.
7. District Discipline Inspection Supervision and Reporting Hotline: 12388 extension 01
8. Others:
1. After the houses within the expropriation scope are expropriated according to law, the use of state-owned land rights are withdrawn at the same time.
2. If the expropriated persons within the scope of expropriation are dissatisfied with the decision to expropriate the house, they may apply for administrative reconsideration in accordance with the law within 60 days from the date of the issuance of this decision, or file an administrative lawsuit in accordance with the law within 6 months.
August 25, 2021
Attachment:
House expropriation compensation and resettlement plan for Zhiba Road reconstruction and surrounding projects
According to the municipal government The central city construction plan requires expropriation of houses and attachments within the red line of Zhiba Road reconstruction and surrounding projects. In order to ensure the smooth progress of the house expropriation work and effectively protect the legitimate rights and interests of the expropriated persons, in accordance with the current regulations and policies on house expropriation on state-owned land, the house expropriation compensation and resettlement plan is formulated as follows:
1. Compensation and resettlement objects : The owner of the expropriated house within the expropriation scope.
2. Basis for compensation and resettlement:
1. "Huai'an City Housing Expropriation and Compensation Measures on State-owned Land" (Huai Zhenggui [2020] No. 1);
2. "Notice on the Compensation and Subsidy Standards for Housing Expropriation on State-owned Land in Huai'an City" (Huaizhu Jianfa [2011] No. 67); Notice on Technical Detailed Rules for Compensation and Valuation of House Expropriation (Trial)” (Huaizhu Jianfa [2011] No. 68).
3. Principles of expropriation, compensation and resettlement: Legal buildings within the expropriation scope will be compensated and resettled, while illegal buildings and temporary buildings that have exceeded the approved period will not be compensated or resettled. The specific regulations for the recognition of legal construction are:
1. A house that has obtained a "House Ownership Certificate", "Real Estate Certificate" or "Construction Project Planning Permit" (Construction License) is a legal construction.
2. On January 5, 1984, the "Urban Planning Regulations" of the State Council were promulgated and implemented. Buildings constructed before January 5, 1984 in the urban planning area are considered legal. Specifically, the urban planning regulations in 1985 The survey drawing shall prevail.
4. Signing period: from the date when the preliminary assessment results of the expropriated houses are announced to November 16, 2021. The bonus period is agreed to be 30 days.
5. Compensation and resettlement methods: Monetary compensation and property rights exchange are provided for the expropriated persons to choose.
VI. Compensation and resettlement standards and calculation methods
1. House compensation:
The unit price of house compensation is based on the location, use, building structure, and cost of the expropriated house. Factors such as newness, floors, orientation, land properties, construction area, etc., combined with the real estate market conditions, will be evaluated and determined by an evaluation agency determined in accordance with legal procedures.
House compensation = legal area of ??the expropriated house × house assessed unit price.
2. Disassembly and assembly fees for living supporting facilities, decoration compensation, attachment compensation and compensation for flowers, seedlings and trees:
According to the "Compensation Subsidy for Expropriation of Houses on State-owned Land in Huai'an City" "Standard Notice" (Huaizhu Jianfa [2011] No. 67) is implemented.
3. Relocation subsidy:
Residential housing: 350 yuan subsidy per household. If the property rights exchange requires transition, it will be calculated twice.
4. Temporary resettlement subsidy:
Residential housing: calculated based on the legal construction area of ??the expropriated house, 10 yuan per square meter per month. If the monthly temporary resettlement subsidy is less than 360 yuan, the subsidy will be 360 ??yuan.
If the expropriated person chooses monetary compensation, the housing expropriation department shall pay a one-time 6-month temporary resettlement subsidy to the expropriated person.
If you choose property rights exchange:
① Transition time calculation: from the date the expropriated house is vacated and delivered to the date the property rights exchange house is delivered. When there are sporadic days in the transition period, it will be calculated as half a month if it is less than half a month; if it exceeds half a month, it will be calculated as one month.
② Transition period: If the property rights exchanged house is a multi-story building, the transition period is generally not more than 18 months; if the property rights exchanged house is a small high-rise or medium-high-rise building (7-18 floors), the transition period is generally No more than 30 months; if the property rights exchanged house is a high-rise building (19 floors and above), the transition period generally does not exceed 36 months.
If the transition period is extended due to the responsibility of the housing expropriation department, starting from the overdue month, unless otherwise agreed by the parties, the housing expropriation department shall pay an additional temporary resettlement subsidy to the expropriated person who makes the transition on his own. If the extension time is within 12 months, the temporary resettlement subsidy will be increased by 1 times; if the extension time exceeds 12 months, the temporary resettlement subsidy will be increased by 2 times from the month of the extension.
If the area of ??the property rights exchanged house is smaller than the legal area of ??the expropriated house, the part abandoned for resettlement shall be subject to monetary compensation standards, and a temporary resettlement subsidy will be given for 6 months. The remaining part shall be calculated as temporary resettlement subsidies according to the relevant provisions of property rights exchange. fee.
If you choose to be resettled in an existing house: the temporary resettlement subsidy will be settled for 3 months first, and finally settled according to the above calculation method and standards during the actual transition period.
5. Expropriation incentives (residential houses):
Residential house expropriators who sign an expropriation compensation and resettlement agreement and vacate the old houses for demolition as agreed will be given a certain amount of compensation during the bonus period. Rewards are as follows:
①According to Huaizhu Jianfa [2011] No. 67, whoever signs an expropriation compensation and resettlement agreement during the bonus period and vacates the house and turns over the keys on time will be given 100 RMB based on the legal area of ??the house. If the house area is small and the total reward is less than 5,000 yuan, the reward will be 5,000 yuan per household.
②Reward for signing the contract and delivering the house. A reward of 10% will be given based on the assessed unit price for the legal area of ??the expropriated residential houses. The standard is: legal area of ??the house × assessed unit price × 10 (compensation for decoration, attachments and other types of subsidies are not included).
6. Minimum total amount of expropriation guarantee: the expropriated person only has one expropriated house (including historical properties directly managed or units self-managed public residential buildings), and the total amount of monetary compensation received (not If the relocation subsidy, temporary resettlement subsidy, incentives, living facilities disassembly and assembly fees, decoration compensation, attachment compensation and flowers, seedlings and trees compensation) is lower than the minimum expropriation compensation standard (80,000 yuan), the housing expropriation department shall Compensation will be given to the expropriated persons in accordance with the minimum standard of expropriation compensation in Huaizhu Jianfa [2011] No. 67 (if the amount is less than 80,000, make up 80,000).
7. Difficulty subsidy for small-area housing: The expropriated person only has one expropriated house (including historical properties directly managed or units self-managed public residential houses), and the legal area is less than 50 square meters. , if the house is signed and the house is vacated and delivered during the bonus period, a certain subsidy will be given based on the area. See the table below for details:
8. Subsistence allowances, serious illness, and disability subsidies:
For those with special circumstances such as serious illness, disability, and subsistence allowances, they will sign a contract during the bonus period Those who hand over the house will be given a certain subsidy. See the table below for details:
7. Resettlement Houses
List of Resettlement Houses
Note: The area of ??the above various types of houses is ultimately determined by the real estate registration department The approved area shall prevail.
The order of selection of resettlement houses: The order of house selection shall be determined according to the order in which the "Expropriation Compensation and Resettlement Agreement" is signed and the keys are handed over, in line with the principle of "whoever signs first, delivers first, and whoever chooses first, first decides" , after the agreement is signed, go to the housing selection team of the expropriation headquarters with the "Old House Receipt and Delivery Form" to give priority to the floor, suite type, and room number.
8. Expropriation and Assessment
The time point for assessment of expropriated houses is the date when the decision to expropriate the houses is announced. The value of the property rights exchanged house shall be evaluated and determined by the same real estate price evaluation agency that evaluates the value of the expropriated house at the same time and by the same method.
The housing expropriation department shall publicize the preliminary assessment results of each household to the expropriated persons within the scope of expropriation for seven days. During the public announcement period, the real estate price evaluation agency shall arrange for a registered real estate appraiser to provide on-site explanations of the preliminary evaluation results for each household. If there are errors, the real estate price assessment agency should correct them. After the expiration of the publicity period for the preliminary assessment results of each household, the housing expropriation department shall forward the household assessment report to the expropriated person.
If the expropriated person or the housing expropriation department has objections to the assessment results, they shall apply in writing to the original real estate price assessment agency for review of the assessment within ten days from the date of receipt of the assessment report. The real estate price assessment agency shall conduct a review within ten days from the date of receipt of the application. After review, if the original assessment result is changed, a new assessment report shall be issued; if the assessment result has not changed, the applicant for review and assessment shall be informed in writing.
If the expropriated person or the housing expropriation department has objections to the review results of the real estate price assessment agency, they shall apply to the Huaian City Housing Expropriation Assessment Expert Committee for appraisal within ten days from the date of receipt of the review results.
The House Expropriation Assessment Expert Committee shall form an expert group within ten days from the date of receipt of the appraisal application, review the application appraisal report in accordance with regulations, and issue a written appraisal opinion.
9. Decision on expropriation and compensation
If the house expropriation department and the expropriated person cannot reach a compensation agreement within the contract period specified in the expropriation compensation plan, or the owner of the expropriated house is not clear, The house expropriation department shall report to the people's government at the same level to make a compensation decision in accordance with the expropriation compensation plan, and make an announcement within the scope of house expropriation.
If the expropriated person is dissatisfied with the compensation decision, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not relocate within the time limit specified in the compensation decision, the people's government that made the house expropriation decision shall apply to the people's court for compulsory execution in accordance with the law. .
10. Other issues
(1) Issues with the removal of decoration and accessories. The expropriated person must keep the old house in good condition. Compensated items such as doors, windows, decorations, and attachments are not allowed to be demolished without permission. Water, electricity, gas, etc. that are involved in the demolition by professional departments will be dismantled by professionals after the water, electricity, and gas bills have been settled. The department is responsible for demolition. Any losses caused by unauthorized demolition shall be deducted from the compensation fee.
(2) Dispute settlement issues after signing the expropriation compensation agreement. The expropriated person must sign the "House Expropriation Compensation and Resettlement Agreement", and after delivering the old house, bring his or her "House Ownership Certificate", "Real Property Certificate", "Land Use Certificate", ID card, and the original copy of the old house delivery note to the site or designated location. Handle the procedures for collecting and paying housing expropriation compensation. If a dispute arises after the expropriation, compensation and resettlement agreement is concluded, the expropriation party may file a lawsuit with the People's Court.
(3) Unfinished matters.
Matters not covered in this plan shall be subject to the current regulations, policies and documents on house expropriation on state-owned land.