20 19 Huangshan city housing demolition management regulations and demolition compensation standard (full text)

Detailed Rules for the Implementation of Housing Demolition Management in Huangshan City (Trial)

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 Detailed Rules are formulated in accordance with the Regulations of the State Council Municipality on the Administration of Urban House Demolition and the Administrative Measures of Anhui Province on Urban House Demolition, combined with the actual situation of this Municipality.

Article 2 These Detailed Rules shall apply to the demolition of houses on state-owned land or houses on collectively-owned land within the urban planning area of this Municipality due to the implementation of urban planning, and it is necessary to compensate and resettle the demolished people.

Article 3 The municipal real estate administrative department shall supervise and manage the urban housing demolition work in this city, and the municipal housing demolition management office shall be its office, specifically responsible for the daily work of housing demolition management in the central city and Huangshan Scenic Area, and the county real estate administrative department shall be responsible for the specific management of urban housing demolition in this county. Huizhou District, huangshan district City real estate administrative departments to accept the entrustment of the municipal real estate administrative departments, responsible for the specific management of demolition within their respective jurisdictions.

Development planning, construction, urban and rural planning, land and resources, public security, industry and commerce, justice, culture, price, city appearance, environmental protection and other relevant administrative departments, the people's government of the city and the sub-district offices shall cooperate with each other according to their respective functions and duties to ensure the smooth progress of urban housing demolition.

Chapter II Demolition Management

Article 4 The demolition shall be carried out only after the demolition permit is obtained. To apply for a house demolition permit, those who belong to the central city (including Huangshan Scenic Area) shall report to the municipal real estate administrative department, and those who belong to all districts and counties shall report to the real estate administrative department where the house is located, and submit the following materials:

(a) the approval document 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;

(five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business.

The demolition plan specified in Item (4) of the preceding paragraph, including the scope, method and time limit of demolition; The demolition plan includes 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 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 houses of the same location and nature in the previous year, and the house to be demolished for property right exchange can be included in the discount.

The real estate administrative department shall, within 30 days from the date of receiving the application for house demolition, conduct a review, and issue a house demolition permit to those who meet the requirements; For those who do not meet the requirements, return the application and explain the reasons.

Article 5 The real estate administrative department shall, when 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.

Real estate administrative departments and residents shall promptly publicize and explain to residents.

Article 6 The demolisher shall carry out house demolition within the demolition scope and time limit determined by the house demolition permit. If it is really necessary to expand or narrow the scope of demolition and extend the period of demolition, the demolition person shall apply to the real estate administrative department.

The real estate administrative department shall review the application within 10 days from the date of accepting the application, change the house demolition permit if it meets the requirements, and publish the relevant contents of the changed house demolition permit; For those who do not meet the requirements, return the application and explain the reasons.

The longest demolition period stipulated in the house demolition permit is 1 year. If the demolisher applies for extension, the extension period shall not exceed 1 year.

Seventh before the demolition of houses, it shall go through the examination and approval procedures for the demolition of construction projects to the real estate administrative department where the houses are located. Without approval, no demolition shall be carried out.

Eighth people can take their own demolition, demolition can also be entrusted with the qualification of the unit (hereinafter referred to as the demolition unit) for demolition. The real estate administrative department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.

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 and safe construction, and keep the environment clean and tidy.

Article 9 Where a dismantler entrusts a dismantlement, he shall issue a power of attorney to the entrusted dismantlement unit and sign a dismantlement entrustment contract. The demolisher shall, within 5 days from the date when the demolition entrustment contract is concluded, report the demolition entrustment contract to the real estate administrative department for the record.

The entrusted demolition unit shall not transfer the demolition business.

Tenth real estate administrative departments announced the announcement of house demolition, after determining the scope of demolition, 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.

The real estate administrative department shall, at the same time as issuing the announcement of house demolition, notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension shall specify the suspension period. The suspension period shall not exceed 1 year; If the demolition needs to extend the suspension period, it shall be approved by the real estate administrative department, and the extension of the suspension period shall not exceed 1 year.

Within the suspension period stipulated by the written notice of the real estate administrative department, the relevant procedures for handling the matters listed in the first paragraph of this article are invalid, and shall not be used as the basis for compensation and resettlement for demolition.

Eleventh demolition and demolition should be in the demolition period stipulated in the housing demolition permit, in accordance with the provisions of these rules signed a demolition compensation and resettlement agreement. The demolition compensation and resettlement agreement shall include the following contents:

(a) the demolition compensation method, monetary compensation amount and payment period;

(two) the area, standard and location of the resettlement housing;

(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.

The demolition compensation and resettlement agreement shall be in accordance with the model text formulated by the construction administrative department of the provincial people's government for the reference of the demolition parties.

Twelfth demolition and demolition units engaged in demolition work personnel should pass the training and assessment of relevant laws and business knowledge, and obtain the certificate of house demolition staff issued by the municipal real estate administrative department before they can engage in house demolition work.

Thirteenth house demolition shall be undertaken by the construction unit with the conditions to ensure safety, and the construction unit shall hold the qualification of general contracting of construction projects or the professional qualification of blasting demolition issued by the competent department of construction. The person in charge of the construction unit shall be responsible for the site safety of house demolition.

Demolition or demolition units must go through the relevant formalities with the real estate administrative department before house demolition, and will entrust the demolition construction contract to the real estate administrative department for the record.

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 real estate administrative department may make a ruling according to law. The administrative department of real estate is the demolition, which shall be decided by the people's government at the same level. The adjudication organ shall make a written ruling within 30 days from the date of receiving the application for adjudication; Before the ruling, the ruling organ shall fully 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 Detailed Rules, 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, it belongs to the central city (including Huangshan Scenic Area), and the Municipal People's Government shall instruct the relevant departments to forcibly relocate. If it belongs to all districts and counties, the people's government where the house is located shall instruct the relevant departments to forcibly relocate, or the real estate administrative department shall apply to the people's court for compulsory relocation according to law.

Before the implementation of compulsory demolition, the demolition should be related to the demolition of houses, to the notary public for evidence preservation.

Seventeenth city, district and county people's government instructed the relevant departments to compulsory demolition, in accordance with the following provisions:

(a) the demolition to the real estate administrative departments to apply for compulsory demolition;

(2) The real estate administrative department shall conduct on-site investigation within 10 days from the date of receiving the application for compulsory demolition, put forward opinions on compulsory demolition, and attach relevant materials such as house demolition permit and ruling to the people's government at the same level;

(3) The people's governments of cities, districts and counties shall review within 10 days from the date of receiving the written opinions on forced demolition, make a decision on forced demolition for those who meet the requirements, and instruct the departments of real estate management, urban planning, public security, urban people's government, and sub-district offices to organize personnel to carry out forced demolition;

(four) the real estate administrative department shall notify the demolition parties 7 days before the implementation of compulsory demolition;

(five) the implementation of compulsory demolition, real estate administrative departments should make a record, remember the process of compulsory demolition and demolition of property, signed by the executor and the person subjected to execution; If the person subjected to execution refuses to sign, it shall be indicated in the record.

Eighteenth 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 demolished person shall not damage or dismantle the shared facilities of the demolished house.

Nineteenth urban housing demolition involves the relocation of public facilities or various pipelines, the owner shall move by himself within the demolition period specified in the housing demolition permit, and the required relocation expenses shall be compensated by the demolition.

Twentieth demolition involves military facilities, churches, temples, cultural relics and other houses, in accordance with the provisions of relevant laws and regulations.

Article 21 If the transfer of the demolition compensation and resettlement construction project has not been completed, the transferee shall provide the proof of the demolition compensation and resettlement funds specified in Item (5) of Paragraph 1 of Article 4 of these Rules, and go through the formalities for changing the house demolition permit with the consent of the real estate administrative department. The real estate administrative department shall publish the relevant contents of the changed house demolition permit.

After the construction project that has not yet completed the demolition compensation and resettlement is transferred according to law, the relevant rights and obligations in the original demolition compensation and resettlement agreement will be 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-second demolition compensation and resettlement funds shall be used for housing demolition compensation and resettlement, and shall not be used for other purposes.

Demolition should sign a supervision agreement on the use of compensation and resettlement funds with the real estate administrative departments and financial institutions to jointly ensure that the funds deposited in financial institutions are earmarked for compensation and resettlement, and the use of compensation and resettlement funds needs to be approved by the real estate administrative departments.

Twenty-third real estate administrative departments 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 demolition 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-fourth 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-fifth 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 institution according to the benchmark price of monetary compensation announced by the Municipal People's Government, combined with the location, use, construction area, building structure, innovation and other factors of the house to be demolished, and the specific measures are implemented in accordance with the provisions formulated by the construction administrative department of the provincial people's government.

Real estate appraisal institutions shall be determined by the parties involved in the demolition through consultation; If negotiation fails, it shall be determined randomly by the real estate administrative department. The cost of the assessment shall be borne by the residents.

The benchmark price of monetary compensation shall be determined by the municipal real estate administrative department in conjunction with the price and land administrative departments, submitted to the Municipal People's Government for approval, and published before 1 every year.

Housing compensation on collective land under the circumstances specified in Article 2 of these Detailed Rules shall be implemented in accordance with the following principles:

(1) Monetary compensation or property right exchange shall be carried out in accordance with the provisions of the first paragraph of this article for those who are demolished in areas that do not have the conditions for further examination and approval of homestead, or those who have the conditions for further examination and approval of homestead but do not need homestead.

(two) for residents who have the conditions for further examination and approval of the homestead, they can apply for further examination and approval of the homestead, but only compensate the legal part of the demolished house. The amount of compensation is determined by a legally qualified real estate appraisal agency according to the construction area (legal part) of the house to be demolished and the replacement price of the house.

(three) the replacement price of all kinds of houses shall be determined by the municipal real estate administrative department in conjunction with the price administrative department, approved by the Municipal People's government, and announced before 1 year.

Twenty-sixth housing units to implement the real estate market evaluation price publicity system. The real estate appraisal institution shall publish the main information such as the name of the demolished person, the house number of the demolished house, the appraisal factors, the appraisal basis, the appraisal price, etc. in the demolished area. Release time shall not be less than 10 days.

Article 27 If a demolition party disagrees with the evaluation result, it may apply to the real estate administrative department where the house is located for evaluation within 10 days from the date of receiving the evaluation result, and the real estate administrative department shall set up a real estate evaluation committee to evaluate it within 10 days from the date of receiving the application for evaluation. The real estate appraisal committee consists of a registered real estate appraiser, an appraiser recognized by the construction administrative department of the provincial people's government and relevant legal experts.

The experts specified in the preceding paragraph shall be randomly selected and determined by the real estate administrative department from the roster of experts established by the construction administrative department of the provincial people's government.

If the demolition party applies for appraisal, the appraisal conclusion shall be used as the basis for the ruling of the ruling authority; Did not apply for identification, identification results as the basis of the ruling authority; The appraisal fee shall be borne by the appraisal applicant.

Twenty-eighth the purpose and construction area of the house to be demolished shall be subject to the purpose and construction area marked by the real estate ownership certificate of the house to be demolished. If the purpose of the house is not indicated in the property right certificate and property right file, the purpose of the house can only be determined after the application of the property owner and the consent of the planning department and the relevant formalities in the real estate property right registration department. If there is any objection to the confirmation of the use of the house, it shall be confirmed by the real estate administrative department.

1 April 9901The house has changed its use before the implementation of the People's Republic of China (PRC) Urban Planning Law and continues to be used according to the changed use. If the house is applied by the owner of the house and registered by the management department responsible for the registration of house property rights, it shall be determined according to the change of use.

Article 29 Where the house property right exchange is implemented, the demolisher shall provide the demolished person with a resettlement house not less than the original construction area of the demolished house, and the demolished person and the demolished person shall calculate the compensation amount of the demolished house and the price of the resettlement house in accordance with the provisions of Article 25 of these Detailed Rules, 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.

Article 30 If the demolished person belongs to a family with special difficulties in life, and the per capita construction area of the demolished residential house is lower than the per capita construction area of the district and county where it is located (subject to the standard of the previous year published by the statistics department), when the property right exchange is implemented, the demolished person shall provide houses with per capita construction area not lower than that of the district and county where it is located as resettlement houses. 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 the state and the province.

Thirty-first 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.

Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition.

Thirty-second demolition of rental housing, the demolition and the lessee to terminate the lease relationship, or by the demolition of housing tenants for 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 house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee.

Thirty-third demolition of public housing, housing tenant in accordance with the housing reform policy to enjoy the right to buy, after the purchase of housing tenant, the demolition should be taken in accordance with the law to compensate and resettle. If the lessee does not enjoy the right to purchase houses stipulated in the housing reform policy, and has not reached an agreement with the demolished person to terminate the lease relationship, the demolished person shall exchange the property rights of the demolished person. Where the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the house lessee.

Thirty-fourth demolition of real estate administrative departments escrow housing, escrow housing users, should implement housing property rights exchange; If there is no user in the escrow house, the custodian shall choose the compensation and resettlement method.

If the custodian chooses to exchange property rights of the house, the house with property rights exchange shall still be managed by the custodian; If monetary compensation is selected, the amount of monetary compensation shall be deposited in the bank by the custodian's special account.

Thirty-fifth demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees.

Thirty-sixth houses to be demolished in any of the following circumstances, the demolition compensation and resettlement program proposed by the demolition, the real estate administrative department for examination and approval before the implementation of the demolition:

(a) there is a property right dispute;

(two) the whereabouts of the property owner is unknown;

(three) housing co-owners can not reach an agreement on the compensation 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.

Thirty-seventh illegal buildings within the scope of demolition and temporary buildings exceeding the approved period, all people should dismantle themselves 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 have not exceeded the approved period shall be appropriately compensated according to the project cost and remaining period of the demolished building.

Thirty-eighth demolition of housing property rights exchange, the transition period of residential housing shall not exceed 0.8 months, the transition period of non-residential housing shall not exceed 24 months. The demolisher shall complete the resettlement of the demolished person or lessee within the prescribed transition period.

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. The demolished person or lessee has the right to choose the transition mode, and the demolished person may not force or refuse. 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-ninth people should be taken to the demolition of residential housing or housing tenant to pay relocation subsidies. The specific standard of relocation allowance shall be determined by the municipal real estate administrative department in conjunction with the price administrative department, approved by the Municipal People's Government, and published before 1+0 every year.

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.

Fortieth 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 relocation to be placed within 4 months after the payment of 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.

The temporary resettlement subsidy is determined according to the average price of the local rented houses and the demolished houses with a considerable area and lots. The specific standards shall be determined by the municipal real estate administrative department in conjunction with the price administrative department, approved by the Municipal People's Government, and published before 1 every year.

Forty-first 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 and the province;

(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.

The specific standard of compensation prescribed in the preceding paragraph shall be determined by the municipal real estate administrative department in conjunction with the price administrative department, approved by the Municipal People's Government, and published before 1+0 every year.

Forty-second monetary compensation, in addition to the monetary compensation in accordance with the provisions of article twenty-fifth of these rules, the demolition should also pay the following housing demolition costs:

One-time relocation allowance;

(two) 3 months of temporary resettlement subsidies;

(three) the loss of three months (limited to the production, operation and office space).

Forty-third after the demolition compensation and resettlement, the demolition shall hand over the real estate certificate of the house to the demolition, and the demolition shall hand it over to the management department responsible for the registration of house property rights for cancellation.

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

Forty-fourth any of the following acts shall be punished by the real estate administrative department in accordance with the provisions of the Regulations on the Administration of Urban Housing Demolition:

(a) without obtaining the permit for house demolition, the demolition is carried out without authorization;

(two) to obtain the permit for house demolition by deception;

(three) the demolition is not carried out in accordance with the scope of demolition determined by the house demolition permit;

(four) commissioned units that do not have the qualification for demolition to carry out demolition;

(five) to extend the demolition period without authorization;

(six) the entrusted demolition unit transfers the demolition business.

Anyone who commits the acts listed in the preceding paragraph and causes property losses to the demolished person or the lessee shall be liable for compensation according to law.

Article 45 If a real estate appraisal institution fails to appraise the demolished house in accordance with the provisions of these Detailed Rules, the appraisal result is invalid, and the real estate administrative department shall 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 46 If the real estate administrative department 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 issuing the approval documents such as the house demolition permit, failing to perform the duties of supervision and management or failing to investigate and deal with illegal acts according to law;

(three) the announcement of house demolition is not issued according to the provisions of these rules;

(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-seventh in the urban planning area of foreign land demolition, and the need for compensation and resettlement, with reference to these rules.

Forty-eighth of all kinds of housing accessories, housing decoration compensation standards shall be stipulated separately.

Forty-ninth these rules shall be interpreted by the municipal real estate administrative department.

Article 50 These Detailed Rules shall come into force as of the date of promulgation, namely, the Interim Measures for the Administration of Urban Housing Demolition in Huangshan City issued by the former Huangshan Municipal Government 10 on October 29th, the Detailed Rules for the Implementation of Housing Demolition in the Old City Reconstruction in Huangshan City Center issued on March 30th, 2000, and Huangshan Real Estate Management Bureau (Huangfangguan [2001] No.66).

December 31st, 2003

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