Article 2 These Regulations shall apply to the demolition of houses and their attachments on state-owned land in urban planning areas due to urban construction.
Article 3 The term "demolisher" as mentioned in these Regulations refers to the construction unit or individual who has obtained the house demolition permit.
The term "demolished person" as mentioned in these Regulations refers to the owner of the demolished house and its appendages (including the custodian and manager of the state-owned house and its appendages authorized by the state) and the user of the demolished house and its appendages.
Fourth urban housing demolition must conform to the urban planning, which is conducive to the transformation of old urban areas.
Fifth people must be taken in accordance with the provisions of this Ordinance to be taken compensation and resettlement. The person to be demolished must obey the needs of urban construction and complete the relocation within the specified relocation period.
Sixth the State Council real estate administrative departments in charge of the national urban housing demolition work.
The real estate administrative department of the local people's government at or above the county level or the department authorized by the people's government (hereinafter referred to as the house demolition department) is in charge of the urban house demolition work within its administrative area.
Seventh local people's governments at or above the county level shall strengthen the leadership of urban housing demolition work and reward units or individuals that have made outstanding contributions in urban housing demolition work. Article 8 Any unit or individual who needs to demolish a house must submit an application for demolition to the competent department of house demolition of the people's government at or above the county level with the approval documents, demolition plan and demolition plan stipulated by the state, and can only demolish the house after approval and issuance of a permit for house demolition. If the house demolition needs to change the land use right, the land use right must be obtained according to law.
The implementation of house demolition shall not exceed the approved scope of demolition and the prescribed period of demolition.
Ninth local people's governments can organize unified demolition, demolition can be carried out by the demolition themselves, can also entrust others to carry out. Conditional cities and areas with comprehensive urban development should implement unified demolition.
If the demolisher entrusts the demolition, the client shall be the unit that has obtained the qualification certificate of house demolition.
The competent department of house demolition shall not accept the entrustment of demolition.
Article 10 Once the house demolition permit is issued, the competent department of house demolition shall announce the demolition person, demolition scope and relocation period in the form of house demolition announcement or other forms. The competent department of house demolition shall promptly publicize and explain to the demolished person.
Article 11 After the scope of demolition is determined, the competent department of house demolition of the local people's government at or above the county level shall notify the public security department where the house to be demolished is located to suspend the handling of the household registration and household registration within the scope of demolition. Because of childbirth, demobilized soldiers, marriage, etc., it is really necessary to enter or separate households. , approved by the local people's governments at or above the county level.
Twelfth in the demolition period announced by the competent department of housing demolition, the demolition should be in accordance with the provisions of this Ordinance, and the demolition of compensation, resettlement and other matters signed a written agreement.
The compensation and resettlement agreement shall stipulate the form and amount of compensation, the area and location of the resettlement house, the transition mode and time limit of relocation, the liability for breach of contract and other terms that the parties consider necessary.
Thirteenth compensation and resettlement agreement, can be notarized to the notary office, and sent to the housing demolition department for the record.
Demolition of houses in escrow according to law, the custodian is the competent department of house demolition, and the compensation and resettlement agreement must be notarized by a notary office, and the evidence shall be preserved.
Fourteenth demolition and demolition of the form and amount of compensation, resettlement housing area and location, relocation transition mode and transition period, after consultation can not reach an agreement, approved by the competent department of housing demolition. If the person being demolished is the competent department of house demolition that approved the demolition, it shall be decided by the people's government at the same level.
If a party refuses to accept the decision, he may bring a suit in a people's court within 15 days from the date of receiving the award. During the litigation, if the demolisher has resettled the demolished person or provided the revolving house, the execution of the demolition shall not be stopped.
Fifteenth in the housing demolition notice or the provisions of the first paragraph of Article fourteenth of this Ordinance within the demolition period, the demolition person refuses to demolition without justifiable reasons, the people's governments at or above the county level may make a decision to order the demolition within a time limit. If the demolition is not carried out within the time limit, the people's government at or above the county level shall instruct the relevant departments to carry out compulsory demolition, or the competent department of house demolition shall apply to the people's court for compulsory demolition.
Sixteenth laws and regulations on the demolition of the embassy (consulate) houses, military facilities, churches, temples, cultural relics and other provisions, in accordance with the relevant laws and regulations.
Article 17 The competent department of house demolition shall inspect the house demolition activities. The inspected shall truthfully provide information and materials. Inspectors have the responsibility to keep technical and commercial secrets for the inspected.
Eighteenth housing demolition departments should establish and improve the demolition file system, strengthen the management of demolition files. Nineteenth people should be taken in accordance with the provisions of this Ordinance, the owner of the demolished house and its appendages (including the trustee and manager of the state-owned house and its appendages authorized by the state) to give compensation.
Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; The demolition of temporary buildings that have not exceeded the approved period shall be given appropriate compensation.
Twentieth demolition compensation to implement property rights exchange, pricing compensation, or a combination of property rights exchange and pricing compensation.
Property rights exchange area is calculated according to the construction area of the demolished house.
The amount of pricing compensation is merged into a new settlement according to the replacement price of the construction area of the demolished house.
Twenty-first demolition for public welfare housing and its attachments, the demolition should be based on its original nature and scale reconstruction, or compensation at the replacement price, or by the city people's government according to the overall arrangement of city planning.
Demolition of non-public housing accessories, no property rights exchange, the demolition of appropriate compensation.
Twenty-second in the form of property rights exchange to repay the non residential housing, to repay the construction area and the original construction area of the same part, according to the replacement price settlement structure difference; Repayment of the part of the construction area exceeding the original construction area shall be settled at the price of commercial housing; The part that repays the construction area less than the original construction area shall be combined into a new settlement at the replacement price.
Article 23 For houses repaid by property right exchange, the settlement of the price difference between the repaid house and the demolished house and the settlement of the price of the part of the demolished house that exceeds or is lower than the original construction area shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Twenty-fourth demolition of rental housing, property rights should be exchanged, the original lease relationship will continue to be maintained, and the original lease contract terms will be revised accordingly.
Twenty-fifth demolition of houses with property disputes, the dispute is not resolved within the prescribed time limit announced by the competent department of housing demolition, the demolition of compensation and resettlement program, submitted to the people's government at or above the county level housing demolition department for approval before the implementation of the demolition. Before the demolition, the competent department of house demolition shall organize the demolition to carry out survey records on the demolished houses, and go to the notary office for evidence preservation.
Twenty-sixth demolition of houses with mortgages to implement property rights exchange, the mortgagee and mortgagor signed a mortgage agreement. If the mortgagee and mortgagor fail to reach a mortgage agreement within the time limit announced by the competent department of house demolition, the demolition shall be carried out with reference to the provisions of Article 25 of these regulations.
If the mortgaged house is demolished and compensated at a fixed price, the mortgagee and mortgagor shall re-set the mortgage or the mortgagor shall pay off the debt before giving compensation. Twenty-seventh people should be taken to the demolition of housing users, in accordance with the provisions of this Ordinance to give resettlement. If the resettlement housing cannot be solved at one time, the transition period shall be specified in the agreement.
The user of the house to be demolished refers to the citizens with official accounts within the scope of demolition and the organs, organizations, enterprises and institutions with business licenses or formal positions within the scope of demolition.
Twenty-eighth of the demolition of housing users resettlement sites, should be based on the requirements of urban planning for the construction area and the nature of construction projects, in accordance with the principle of facilitating the implementation of urban planning and the reconstruction of old areas.
For users of demolished houses who have moved from good lots to poor lots, the resettlement area may be appropriately increased.
Twenty-ninth demolition of non-residential houses, according to the original construction area of resettlement.
Article 30 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to local actual conditions, make arrangements according to the original construction area, or according to the original used area or original living area (hereinafter referred to as the original area).
The resettlement area may be appropriately increased for those who have difficulty in resettling houses according to the original area. Specific measures to increase the resettlement area shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Thirty-first the demolition of housing users because of the demolition, relocation subsidies paid by the demolition.
Within the prescribed transition period, if the user of the house to be demolished arranges his own residence, the demolisher shall pay the temporary resettlement subsidy.
Within the prescribed transition period, residents who provide revolving houses will not pay temporary resettlement subsidies.
The standards for relocation subsidies and temporary resettlement subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Thirty-second demolition, demolition of housing users should abide by the transition period. The demolition shall not extend the transition period without authorization; The user of the demolished house who provides the revolving room by the demolisher shall not refuse to move to the resettlement house or vacate the revolving room when it expires.
Thirty-third due to the responsibility of the demolition, the demolition of housing users to extend the transition period, the demolition of housing users to arrange accommodation, from the overdue month, it should be appropriate to increase the temporary resettlement subsidies.
Due to the responsibility of the demolition, the demolition of housing users to extend the transition period, the demolition of housing users to provide turnover housing from the overdue month to pay temporary resettlement subsidies.
Thirty-fourth demolition of non-residential houses caused by the suspension of production or business, resulting in economic losses, the demolition can give appropriate subsidies. Thirty-fifth one of the following acts, shall be given a warning by the competent department of housing demolition, ordered to stop the demolition, and may be fined:
(a) without obtaining the permit for house demolition or demolition without authorization according to the provisions of the permit for house demolition;
(two) commissioned without obtaining the qualification certificate of housing demolition units;
(3) raising or lowering the standard of compensation and resettlement without authorization, and expanding or narrowing the scope of compensation and resettlement.
Thirty-sixth demolition without justifiable reasons beyond the prescribed period of demolition or unauthorized extension of the transition period, by the housing demolition authorities to give a warning to the demolition, and may impose a fine.
Article 37 If the demolished person refuses to vacate the revolving house in violation of the agreement, the competent department of house demolition shall give him a warning, order him to return the revolving house within a time limit and may also impose a fine.
Article 38 The specific measures for fines stipulated in these Regulations shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. All fines shall be turned over to the state treasury, and no unit or individual may withhold them or divide them among themselves.
Thirty-ninth people who are not satisfied with the decision on administrative punishment may, within fifteen days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment. If a party refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days after receiving the reconsideration decision. The parties may also directly bring a suit in a people's court. If the party concerned fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.
Fortieth abuse, beatings, housing units in charge, hinder the housing units in charge of performing official duties, by the public security organs in accordance with the provisions of the Public Security Administration Punishment Law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Article 41 If any staff member of the house demolition department neglects his duty, abuses his power or engages in malpractices for selfish ends, he shall be given administrative sanctions by his unit or the competent authority at a higher level; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law. Article 42 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed rules for implementation in accordance with these Regulations.
Forty-third of these Regulations shall be interpreted by the administrative department of real estate in the State Council.
Article 44 These Regulations shall come into force as of June 199 1 year 1 day.