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Article 2 These Measures shall apply to the expropriation and compensation of houses on state-owned land within the urban area of this Municipality.
Article 3 The people's governments of all districts shall be responsible for the house expropriation and compensation within their respective administrative areas. The house expropriation departments determined by the district people's governments shall organize and implement the house expropriation and compensation work within their respective administrative areas.
Hefei Economic and Technological Development Zone, Hefei High-tech Industrial Development Zone, Hefei New Station Comprehensive Development Experimental Zone within the scope of public welfare construction projects, the Municipal People's Government may entrust the Development Zone Management Committee to be responsible for organizing the implementation of housing expropriation and compensation.
The municipal administrative department of urban and rural construction is responsible for the guidance and supervision of the housing expropriation and compensation work in this Municipality.
Development and reform, finance, land resources, real estate, planning, land reserve, supervision, auditing and other departments shall cooperate with each other in accordance with the provisions of these measures and their respective division of responsibilities to ensure the smooth progress of housing expropriation and compensation.
Chapter II Collection Decision
Article 4 In order to meet the needs of public interests, if it is really necessary to expropriate houses under any of the following circumstances, the District People's Government (the entrusted Development Zone Administrative Committee, the same below) shall make a decision on the expropriation of houses:
(a) the needs of national defense and diplomacy;
(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;
(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;
(four) the needs of the construction of affordable housing projects organized and implemented by the government;
(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;
(six) the needs of other public interests as prescribed by laws and administrative regulations.
Article 5 Where houses need to be expropriated due to public interests, the project construction unit shall apply to the house expropriation department, and submit the project approval document, planning red line map, land pre-trial opinions and other materials.
In addition to the materials specified in the preceding paragraph, the construction of affordable housing projects and the transformation of old urban areas shall also submit proof materials that the project is included in the annual plan for national economic and social development.
Article 6 The house expropriation department shall organize the investigation and registration of the ownership, location, use and construction area of the house within the scope of expropriation, and the expropriated person shall cooperate. The survey results shall be announced to the expropriated person within the scope of house expropriation.
If the expropriated person does not cooperate with the investigation and registration, the house expropriation department may register through the house ownership registration file or the on-site investigation results as the basis for expropriation compensation.
Article 7 The house expropriation department shall, at the same time of investigation and registration, organize the expropriated person to select a real estate price appraisal institution to pre-evaluate all kinds of houses within the scope of expropriation and determine the benchmark price of monetary compensation. The assessment fee shall be borne by the house expropriation department.
The house expropriation shall be subject to the replacement system of real estate price assessment agencies. The municipal administrative department of urban and rural construction shall, jointly with the real estate management department, announce the list of alternative real estate price assessment agencies. The real estate price appraisal institution shall be selected by the expropriated person through consultation within the specified time; If the negotiation fails, the house expropriation department shall preside over the public lottery and lottery, and the notary department shall conduct on-site notarization of the lottery and lottery process and results.
Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and the municipal real estate management department shall strengthen the management and supervision of real estate price assessment agencies.
Article 8 The house expropriation department shall draw up a compensation plan for house expropriation according to the pre-assessment results and report it to the District People's Government.
The District People's Government shall organize relevant departments to demonstrate the compensation scheme for house expropriation and publicly solicit opinions. The time for soliciting opinions shall not be less than 30 days.
Article 9 The District People's Government shall promptly announce the situation of soliciting opinions and making amendments according to the opinions.
Because of the need to expropriate houses for the transformation of the old city, if more than half of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of these measures, the District People's Government shall organize the expropriated people and public representatives to participate in the hearing, and modify the scheme according to the hearing.
Article 10 The District People's Government shall conduct social stability risk assessment in accordance with relevant regulations before making a decision on house expropriation.
Article 11 The District People's Government shall make a public announcement in time after making a decision on house expropriation. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters.
The District People's Government and the house expropriation department shall do a good job in the publicity and explanation of house expropriation and compensation.
If houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time.
Twelfth after the scope of housing expropriation is determined, the following acts shall not be implemented within the scope of housing expropriation; In violation of the provisions of the implementation, no compensation:
(1) Building, expanding and rebuilding houses;
(2) Changing the use of houses and land;
(three) housing analysis, transfer, lease and mortgage;
(4) moving into a household or household (except for reasons such as marriage, childbirth, returning to China, college graduation, demobilized soldiers, release from prison, and reeducation through labor);
(five) industrial and commercial registration with the expropriated house as the registered address;
(six) other acts of improperly increasing compensation interests.
The house expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant procedures, and specify the suspension period. The maximum suspension period shall not exceed 1 year.
Thirteenth house expropriation departments may entrust the implementation unit of house expropriation to undertake the specific work of house expropriation and compensation. The implementation unit of house expropriation shall not be for profit.
The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions.
Fourteenth compensation funds should be collected in full and on time according to the progress of house expropriation and construction, and the funds should be earmarked to ensure the smooth progress of house expropriation and compensation.
Chapter III Collection and Compensation
Article 15 The house expropriation department shall compensate the expropriated person according to the area and use of the house confirmed by the lawful and valid license provided by the expropriated person.
The ownership, area and use of the expropriated house are confirmed on the basis of the house ownership certificate (Hefei Zhiguangongfang Lease Certificate) and the house registration book. Where the ownership certificate of the house is inconsistent with the house registration book, the record in the house registration book shall prevail, unless there is evidence to prove that the house registration book is indeed wrong.
If the contents specified in the house ownership certificate and the house registration book are inconsistent with the construction project planning permit, the contents specified in the construction project planning permit shall prevail.
Sixteenth illegal buildings within the scope of collection and temporary buildings exceeding the approved period shall not be compensated.
Before making a decision on house expropriation, the District People's Government shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law.
Seventeenth houses without a valid license, but marked as 1986 on the aerial survey map, and the ownership of the property is clear, can be combined with the topographic map 1986 before the end of the last year to determine the housing area and give compensation; If the topographic map before the end of 1986 is not marked, the housing area can be determined and compensated by combining the topographic map of the latest year after the end of 1986.
If the house mentioned in the preceding paragraph belongs to an individual, compensation shall be given according to the residential house; Belong to the unit, according to the original use of the land, according to the office or production space to give compensation.
Eighteenth housing expropriation compensation to implement property rights exchange or monetary compensation.
Compensation for expropriated houses includes compensation for expropriated houses and their attachments, compensation for relocation and temporary resettlement caused by expropriated houses, and compensation for losses caused by suspension of production and business.
If the expropriated person signs a compensation agreement within the signing period determined by the expropriation compensation scheme and moves on time, the house expropriation department shall give the relocation reward.
Nineteenth expropriation of houses to implement property rights exchange, it should be based on the requirements of urban planning and the nature of the construction project to provide property rights exchange houses. If the individual residence is expropriated due to the transformation of the old city, and the expropriated person chooses to exchange the house property rights in the transformation area, it shall provide resettlement houses in or near the transformation area.
Twentieth expropriation of residential houses to implement property rights exchange, according to the indoor construction area of "one levy and one supplement". If property rights are exchanged in different places, a reasonable area adjustment coefficient shall be determined in the compensation scheme according to the housing market price in the expropriation area and the property rights exchange area.
Twenty-first expropriation of residential houses to implement property rights exchange, it should be based on the actual allocation coefficient of the property rights exchange housing to calculate the construction area of the property rights exchange housing.
Based on the construction area of property right exchange, the expropriated person of residential house can purchase the construction area not exceeding 15 square meters, and the purchase price is calculated according to the construction and installation cost price. If the construction area of the expropriated person is still less than 50 square meters after purchase, the construction area of 50 square meters can be added according to the construction and installation cost price.
If the construction area determined in accordance with the preceding two paragraphs is inconsistent with the construction area of the property right exchange house, the expropriated person may choose the adjacent apartment, and the increased construction area shall be settled according to the construction and installation cost price, and the decreased construction area shall be settled according to the market evaluation price.
Twenty-second expropriation of non-residential housing to implement property rights exchange, it should be based on the purposes recorded in the housing license, according to the market evaluation method to calculate and settle the price difference of property rights exchange.
Twenty-third expropriation of houses to implement monetary compensation, monetary compensation in accordance with the benchmark price of monetary compensation, combined with the structure, innovation, grade, supporting and other factors of the expropriated house. Real estate price assessment agencies shall, according to the investigation and registration, issue household assessment reports.
The real estate price assessment institution that conducts pre-assessment shall take the date of announcement of the expropriation decision as the assessment point, and revise the benchmark price of monetary compensation for pre-assessment of various houses according to market changes.
Twenty-fourth house expropriation departments shall establish compensation files for house expropriation according to law, and announce the household compensation to the expropriated person within the scope of house expropriation.
Twenty-fifth expropriation of housing property rights exchange, the expropriation of people to implement transitional resettlement, residential transition period shall not exceed 0.8 months, non-residential transition period shall not exceed 30 months. During the transition period, if the expropriated person solves the temporary housing by himself, the house expropriation department shall pay the temporary resettlement fee in accordance with the prescribed standards. Overdue resettlement, less than 02 months from the overdue month, pay 50% of the temporary resettlement fee in accordance with the prescribed standards; If it exceeds 12 months, the temporary resettlement fee shall be increased by 100% of the specified standard.
If the house expropriation department provides revolving houses, temporary resettlement fees will not be paid during the transition period. If the resettlement is overdue, the temporary resettlement fee shall be paid in accordance with the provisions of the preceding paragraph from the month overdue.
If the house is expropriated for existing houses or monetary compensation, a temporary resettlement fee of 3 months shall be paid.
Twenty-sixth collection of real estate management departments directly in charge of public housing or self-management of public housing units, the original lease relationship continues to exist, it should implement property rights exchange; If the expropriated person terminates the lease relationship with the lessee, the expropriated person may choose monetary compensation.
Expropriation of public residential houses directly in charge of real estate management departments shall be subject to monetary compensation. If the lessee and his spouse do not enjoy the national housing reform policy, 30% of the monetary compensation fee shall be paid to the expropriated person and 70% to the lessee, and the lessee and his spouse will no longer enjoy the housing reform policy of compensation area; If the house has been purchased according to the national housing reform policy, but it has not reached the specified area standard, 30% of the monetary compensation fee will be paid to the expropriated person, and 70% will no longer enjoy the housing reform policy after being paid to the lessee; Those who have enjoyed the national housing reform policy and purchased houses according to the prescribed area standards will vacate their houses free of charge.
If the expropriation unit implements monetary compensation for self-run public residential houses, the monetary compensation fee shall be paid in full to the expropriated person, who may distribute it in accordance with the provisions of the preceding paragraph.
Article 27 If the expropriated units and individuals are engaged in the production and operation of non-residential houses and the property rights are exchanged, during the transition period, the house expropriation department will compensate the legally effective construction area of the expropriated houses every month according to the quota standard of 5‰ of the monetary compensation benchmark price.
If the non-residential houses with the nature of production and operation are expropriated and monetary compensation or one-time resettlement is implemented, the loss compensation for six months of suspension of production and business shall be given at one time in accordance with the standards in the preceding paragraph.
Non-residential houses that are idle when the scope of house expropriation is determined shall not be compensated for the loss of production or business suspension.
Twenty-eighth expropriated people without planning, land department approval, change the use of housing, in accordance with the original construction project planning permit to determine the use of housing compensation.
On August 29th, 2005, the Notice on Prohibiting Unauthorized Alteration of the Structure and Function of Buildings (Hecha Violation Group [2005]10) was promulgated and implemented. If private houses along the street are used to engage in production and business activities, and tax payment records can be provided continuously, they can refer to similar production and business premises in the same region and be subsidized for six months according to the standards stipulated in Article 27 of these Measures.
Twenty-ninth the attachments and structures involved in the demolition of houses shall be determined by the expropriated person and the house expropriation department through consultation with reference to the standards stipulated by the municipal administrative department of urban and rural construction. If negotiation fails, compensation shall be made according to the market evaluation price on the date of announcement of the collection decision.
Article 30 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Measures, conclude a compensation agreement on matters such as compensation method, compensation amount and payment term, location and area of the property right exchange house, relocation fee, transition method and transition period, temporary resettlement fee or revolving house, loss of production or business suspension, and relocation period. When signing the compensation agreement, the expropriated person shall deliver the real estate ownership certificate of the expropriated house to the house expropriation department for cancellation.
If one party fails to perform the compensation agreement, the other party may bring a lawsuit according to law.
Article 31 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the District People's Government to make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of these Measures, and make an announcement within the scope of house expropriation.
Article 32 If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
If the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the district people's government that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.
The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house.
Chapter IV Legal Liability
Article 33 If, in violation of the provisions of these measures, the relevant functional departments of the District People's Government, the house expropriation department and the Municipal People's Government and their staff fail to perform their duties as stipulated in these measures in the house expropriation and compensation work, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, the people's government at a higher level or the people's government at the corresponding level shall order them to make corrections, informed criticism; If losses are caused, it shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-fourth by violence, threats or in violation of the provisions of the interruption of water supply, heating, gas supply, power supply and road traffic and other illegal means to force the expropriated person to move, resulting in losses, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law; Those who violate the administration of public security shall be punished according to law.
Thirty-fifth by violence, threats and other means to hinder the housing expropriation and compensation work according to law, which constitutes a crime, shall be investigated for criminal responsibility according to law; Those who violate the administration of public security shall be punished according to law.
Article 36 Whoever embezzles, misappropriates, privately divides, intercepts or defaults in collecting compensation fees shall be ordered to make corrections, recover the relevant funds, return the illegal income within a time limit, and give a warning to the relevant responsible units, informed criticism; If losses are caused, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law.
Article 37 Real estate appraisal institutions and personnel who commit any of the following acts shall be punished by the real estate management department in accordance with the Regulations on Expropriation and Compensation of Houses on State-owned Land, Measures for the Administration of Real Estate Appraisal Institutions (Order No.2004): Ministry of Construction 142) and Measures for the Administration of Registered Real Estate Appraisers (OrderNo. Ministry of Construction 15 1).
(a) issued a false or major error assessment report;
(two) colluding with the parties to the collection, damaging the legitimate rights and interests of the other party;
(three) in the process of determining the real estate appraisal institution, the appraisal business is obtained by improper means;
(4) Recruiting others for publicity or door-to-door publicity in the process of determining real estate price assessment agencies;
(five) the assessment agencies determined in accordance with these Measures refuse to accept the entrustment without justifiable reasons;
(six) other acts prohibited by laws and regulations.
Chapter V Supplementary Provisions
Thirty-eighth Chaohu City, Feidong County, Feixi County, Changfeng County, Lujiang County can refer to these measures, combined with local conditions, formulate specific implementation measures, and report to the municipal government for approval before implementation.
Article 39 These Measures shall come into force as of May 30, 1965 and shall be valid until February 30, 1965.
Note: The above is for reference only, subject to the actual text.