Regulations of Jinan Municipality on Demolition Compensation (newly completed in 2006)

■ Change 1:

Urban demolition needs to prepare an annual plan.

According to Wu Ying, deputy director of the Provincial Construction Department, the new "Regulations" added the contents of the demolition plan management. Article 8 of the Regulations stipulates: "The people's governments of cities and counties (cities) divided into districts shall, according to urban planning and the reality of local economic and social development, formulate medium-and long-term plans for urban housing demolition, annual plans and annual construction plans for demolition and resettlement houses."

■ Change 2:

"Demolition of the old and replenishment of the new", the compensation standard for demolition will be raised.

The "Regulations" have made new provisions on the compensation standard for house demolition: "If monetary compensation is implemented for house demolition, the amount of monetary compensation shall be assessed and determined according to the market price of the newly-built ordinary commercial house where the house to be demolished is located. If the parties to the demolition agree through consultation, it shall be in accordance with its agreement. "

Wu Ying explained that when monetary compensation is selected for the demolished houses, the monetary compensation amount is based on the market price of newly-built ordinary commercial houses in the same lot, and the compensation standard is determined by combining the old and new degree and structural evaluation of the demolished houses. If the property right exchange is implemented, the old house will be exchanged for the new house after the two-way evaluation of the old house and the new price difference. Compared with the simple "demolition and compensation" method of not looking for the price difference, the new compensation method takes the newly-built ordinary commercial housing in the same lot as a reference, which can not only maintain a small reasonable price difference, but also effectively improve the compensation standard for demolition.

At the same time, in order to prevent the evaluation price of the demolished houses from being too low, the regulations also stipulate that the municipal people's government with districts is authorized to formulate the minimum monetary compensation price standard for the demolished houses, report it to the provincial construction administrative department for the record, and announce it to the public.

■ Change 3:

Improve the minimum housing security system for demolition compensation.

The Regulations have improved the minimum housing security system, clearly stipulating: "If the demolished person has only one house and the house area is lower than the minimum residential design area stipulated by the national mandatory standards, the demolished person shall make monetary compensation to the demolished person according to the minimum residential design area standard stipulated by the national mandatory standards, or provide resettlement houses for property rights exchange. The cost of increasing the area within the minimum apartment design area stipulated by the national mandatory standards shall be borne by the demolition. "

Wu Ying said, this means that no matter how small the area of the original property housing is and how poor the quality is, the relocated households should enjoy the corresponding monetary compensation and resettlement according to the minimum family size standard stipulated by the state. The main purpose of this regulation is to ensure that families with housing difficulties will not lose the most basic housing conditions due to demolition, but should improve and improve their housing conditions.

According to the national standard "Code for Residential Design" issued by the Ministry of Construction, "minimum Xing Tao area" refers to the minimum standard of ordinary residential Xing Tao (* * * is divided into four categories), including two living spaces, at least one bedroom and one living room, and the minimum usable residential area is 34 square meters.

■ Change 4:

Residential development and demolition should implement local resettlement.

Compared with the past, the "Regulations" specially set the conditions for local resettlement. According to the regulations, the demolition of residential houses and the scope of demolition are used for the construction of residential houses. If the demolished person requests to exchange and resettle the property rights of the houses on the spot, and if the approved construction project plan can meet the requirements of the demolished person, the demolished person shall implement local resettlement for the demolished person.

■ Change 5:

Demolition evaluation can not be arbitrarily depressed.

The "Regulations" have added relevant provisions on the evaluation of house demolition, so as to solve the problems of arbitrary price reduction by evaluation institutions, low standards of demolition evaluation and imperfect relief channels. The qualification requirements of demolition evaluation institutions and appraisers, the selection procedure of demolition evaluation institutions, the main methods of evaluation and the solutions to raise objections to the evaluation results are clarified. Among them, the choice of demolition assessment agencies should be chosen by the demolition parties. If negotiation fails, the local house demolition management department will draw lots to decide.

■ Change 6:

Collective land and house demolition also have the same compensation standard.

According to Wu Ying, in recent years, the amount of house demolition on collective land in urban planning area is increasing day by day, and the contradiction of house demolition is rising sharply. Standardizing house demolition on collective land has become an unavoidable major issue, but there is no clear stipulation in the national demolition laws and regulations.

The revised "Regulations" clearly stipulates that if collective land in urban planning area needs to be used for urban construction, land acquisition procedures shall be handled according to law, and the compensation and resettlement standards for house demolition on this collective land shall be consistent with those for house demolition on state-owned land in the same lot.