chapter one
general rule
Article 1 In order to strengthen the management of urban house demolition, protect the lawful rights and interests of the demolition parties and ensure the smooth progress of construction projects, these Regulations are formulated in accordance with the provisions of relevant laws and regulations and in light of the actual situation of this province.
Article 2 These Regulations shall apply to the implementation of house demolition on state-owned land within the urban planning area of this province and the need for compensation and resettlement for the demolished people.
The term "house demolition" as mentioned in these Regulations refers to the act of withdrawing the right to use state-owned land according to law and demolishing the houses on this plot because of the need of implementing urban planning or other public interests.
Article 3 Urban house demolition must conform to urban planning, be conducive to the transformation of old districts and the improvement of ecological environment, and protect cultural relics and valuable historical buildings.
Article 4 The term "demolition" as mentioned in these Regulations refers to the units established by the people's governments of cities and counties to recover the right to use state-owned land and obtain the house demolition permit according to law.
The term "demolished person" as mentioned in these Regulations refers to the owner of the demolished house.
Article 5 People's governments at or above the county level shall strengthen their leadership over urban house demolition, strictly control the scale of demolition, urge relevant departments to perform their duties of house demolition management according to law, supervise the implementation of demolition plan and the construction of demolition resettlement houses, ensure that the demolished people are properly resettled in time, and earnestly safeguard the legitimate rights and interests of the demolished people.
Sixth people's governments at or above the county level shall be responsible for the management of housing demolition (hereinafter referred to as the housing demolition management department) to supervise and manage the urban housing demolition work within their respective administrative areas.
The relevant departments of the people's governments at or above the county level and the township (town) people's governments and sub-district offices shall, according to their respective responsibilities, cooperate with each other to do a good job in the management of urban housing demolition.
Seventh people must be taken in accordance with the provisions of this Ordinance, to be taken to give reasonable compensation and resettlement. The person to be demolished and the lessee of the house to be demolished must obey the needs of urban construction and complete the relocation within the prescribed relocation period.
Regulations of Zhejiang Province on the Administration of Urban House Demolition Chapter II
Demolition management
Article 8 People's governments at or above the county level shall organize administrative departments for house demolition, construction, planning, land and resources, development and reform, and formulate long-term plans for urban house demolition, annual plans and resettlement housing construction plans according to the requirements of the overall urban planning, the local social and economic development level, and considering the supply of newly-built commercial housing market in the near future. The annual demolition plan and resettlement housing construction plan shall be reported to the people's government at the next higher level by the people's government of the city or county for the record.
Ninth housing units to obtain housing demolition permit, before the implementation of the demolition. To apply for a house demolition permit, the following documents shall be submitted to the city or county house demolition management department where the house is located:
(a) the construction project approval (filing, approval) documents;
(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 approval document of the right to use state-owned land as stipulated in Item (3) of the preceding paragraph refers to the decision document of the people's government to recover the right to use state-owned land according to law. The demolition plan specified in item (4) shall arrange temporary turnover houses and property rights exchange resettlement houses; Need to build a new resettlement house, it shall provide the approval documents for resettlement land. The demolition compensation and resettlement funds specified in Item (5) are confirmed and stored in special accounts according to 80% of the demolition budget, and the resettlement houses provided by residents can be included at a discount; The insufficient part shall be made up by the residents within the time limit prescribed by the house demolition management department.
Tenth housing demolition management department shall, within thirty days from the date of receiving the application, review the application matters; Upon examination, if it meets the requirements, a house demolition permit will be issued.
Before issuing the permit for house demolition, the house demolition management department shall hold a hearing in accordance with the law to listen to the opinions on the implementation of the demolition plan, demolition plan and demolition compensation and resettlement funds.
The municipal housing demolition management department with districts may entrust the district housing demolition management department to implement the administrative license.
Eleventh housing demolition management department shall, within five days from the date of issuing the housing demolition permit, announce the name of the construction project, the demolition person, the demolition scope, the relocation period, the demolition period and other matters in the form of announcement in the news media and the scope of demolition, and inform the demolition person in writing.
The house demolition management department and the demolition person shall promptly publicize and explain to the demolition person.
Twelfth after the announcement of the demolition scope, the units and individuals within the demolition scope shall not carry out the following activities during the suspension of relevant procedures:
(1) Building, expanding and rebuilding houses;
(2) Changing the use of houses and land;
(3) renting a house.
The house demolition management department shall 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 one year; If the demolition needs to extend the suspension period, it shall be approved by the housing demolition management department, and the longest extension of the suspension period shall not exceed one year.
Thirteenth people who have not been removed within three months from the date of obtaining the house demolition permit, the house demolition permit will naturally expire and will be announced by the house demolition management department.
The implementation of house demolition shall not exceed the scope and duration of the demolition approved by the house demolition permit.
Need to extend the demolition period, the demolition should be fifteen days before the expiration of the demolition period, apply to the housing demolition management department for an extension; The house demolition management department shall give a reply within ten days from the date of receiving the application for extension of demolition.
Fourteenth people can take their own demolition, demolition can also be entrusted. Units engaged in demolition business shall obtain the qualification certificate of house demolition in accordance with the relevant provisions of the state and the province.
Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
Fifteenth demolition commissioned by the demolition, it shall issue a power of attorney to the entrusted demolition unit, and sign a demolition contract. The demolisher shall, within fifteen days from the date of signing the demolition entrustment contract, report the contract to the house demolition management department for the record.
The entrusted demolition unit shall not transfer the demolition business.
Sixteenth demolition should be announced to the demolition compensation and resettlement program.
Demolition and demolition should be in the notice of the relocation period, according to the provisions of this Ordinance signed a demolition compensation and resettlement agreement. The agreement shall specify the form of compensation, the amount of monetary compensation and its payment term, resettlement place, resettlement housing area, relocation period, transition mode, transition period, relocation subsidy and temporary resettlement subsidy, liability for breach of contract and other terms that the parties consider necessary to conclude.
Demolition of rental housing, the demolition should be taken and the lessee signed a demolition compensation and resettlement agreement.
Demolition of houses managed by the housing management department, the demolition should sign a demolition compensation and resettlement agreement with the trustee; Escrow housing users, the demolition should be signed with the custodian, housing users demolition compensation and resettlement agreement.
The demolition compensation and resettlement agreement shall take effect as of the date of signing. The demolisher shall report the agreement to the house demolition management department for the record within fifteen days from the date of signing the agreement.
The text of the demolition compensation and resettlement agreement shall be uniformly supervised by the provincial construction administrative department and submitted to the provincial people's government for the record.
Seventeenth after the signing of the demolition compensation and resettlement agreement, the demolition or housing tenant refuses to move within the relocation period, the demolition can 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.
Eighteenth demolition parties did not reach an agreement on the form of compensation, compensation amount, resettlement housing area, resettlement location, transition mode, relocation period, transition period, etc. During the relocation period, the demolition parties may apply to the local city and county housing demolition management department for a ruling. If the person to be demolished is the house demolition management department, it shall be decided by the people's government at the corresponding level. The ruling department shall make a written ruling within thirty days from the date of accepting the application for ruling; The ruling department shall fully listen to the opinions of all parties before making a ruling.
If a 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. Except in cases where execution needs to be stopped according to law, during the period of reconsideration and litigation, if the demolisher has given monetary compensation according to the ruling or provided the house for relocation and turnover, the execution of demolition will not be stopped during the period of reconsideration and litigation.
Nineteenth demolition shall not change the original water supply, power supply, gas supply and other basic living conditions of residents and households who have not yet moved.
Article 20 If the demolished person or lessee refuses to relocate within the relocation period stipulated in the ruling, the people's government of the city or county where the house is located shall instruct the relevant departments to forcibly relocate, or the house demolition management department shall apply to the people's court for compulsory relocation according to law.
The people's government of the city or county shall hold a hearing in accordance with the law before making a decision on compulsory demolition, and listen to the opinions of the parties involved in the demolition, the relevant competent departments and other relevant personnel on the subject, procedures and basis of making the award on compensation and resettlement and the reasons for refusing the demolition.
Before the implementation of compulsory demolition, the demolition should be related to the demolition of houses, to the notary public for evidence preservation.
Twenty-first demolition housing management department escrow housing, demolition compensation and resettlement agreement must be notarized by a notary public. The trustee shall apply to the notary office for evidence preservation on matters related to the demolished house.
Twenty-second houses to be demolished in any of the following circumstances, the demolition of compensation and resettlement programs, submitted to the housing demolition management 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) temporarily unable to determine the owner of property rights.
Before the house demolition, the demolition person shall handle the evidence preservation at the notary office on the relevant matters of the demolished house.
Twenty-third demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees.
Twenty-fourth laws and regulations on the demolition of military facilities, temples, churches, cultural relics, returned overseas Chinese, overseas Chinese families, foreign-related houses and other provisions, from its provisions.
Twenty-fifth urban housing demolition involves the relocation of public facilities or various pipelines, and the original owner shall relocate himself within the prescribed time limit, and the relocation expenses shall be compensated by the demolition.
Twenty-sixth flowers, trees and green spaces within the scope of demolition should be preserved as much as possible. Can not be retained, in accordance with the provisions of the state and the province to handle the relevant procedures.
Twenty-seventh people who use the compensation and resettlement funds for demolition shall accept the audit of the house demolition management department. The funds for compensation and resettlement for demolition shall all be used for compensation and resettlement for house demolition and shall not be used for other purposes. The specific management measures shall be formulated by the provincial construction administrative department.
Housing demolition management departments at or above the county level shall strengthen supervision over the use of compensation and resettlement funds for demolition.
Twenty-eighth housing demolition management departments should establish and improve the housing demolition archives system, strengthen the management of housing demolition archives.
Housing demolition archives include: relevant approval documents for demolition, demolition plan, demolition plan and its adjustment data, demolition compensation and resettlement agreement and its settlement data, and other files related to demolition.
Regulations of Zhejiang Province on the Administration of Urban House Demolition Chapter III Compensation and Resettlement for Demolition
Twenty-ninth people should be taken in accordance with national laws, administrative regulations and the provisions of this Ordinance to give reasonable compensation to the demolition.
Demolition compensation and resettlement can be monetary compensation or property right exchange. People who have been demolished have the right to choose specific forms of compensation.
Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition. Appendices newly built, rebuilt and expanded after the demolition scope is announced shall not be compensated. The specific measures shall be formulated by the municipal and county people's governments.
Thirtieth illegal buildings within the scope of demolition and temporary buildings that exceed the approved period must be demolished by themselves within the relocation period specified in the demolition announcement without compensation; The removal of temporary buildings that have not exceeded the approved time limit shall be compensated in accordance with the provisions of the people's government of the city or county.
Article 31 The area of monetary compensation or property right exchange shall be calculated according to the construction area recorded in the house ownership certificate or other legal property right certificate of the demolished house.
Thirty-second the amount of monetary compensation for the demolished houses is determined according to the real estate market price assessment. Market comparison method should be adopted in the evaluation. If the market comparison method is not available to evaluate the price of non-residential houses, other evaluation methods may be adopted, and the reasons shall be explained in the evaluation report.
Real estate appraisal institutions shall listen to the opinions of the demolished before determining the market evaluation price of the demolished houses.
This article and the provisions of this Ordinance thirty-ninth, fifty-first assessment costs borne by the demolition.
Thirty-third the market comparison method is used to evaluate the price of the house to be demolished, and the real estate appraisal institution shall determine the specific location, building structure, construction area, development, grade and decoration of the house to be demolished according to the evaluation standard price.
The evaluation reference price shall be determined by the real estate appraisal agency according to the principle of higher transaction price, selecting more than three comparable examples from similar real estate, and correcting the transaction situation, transaction date, regional factors and individual factors.
If the demolished houses belong to non-complete houses, ordinary complete houses shall be selected as comparable samples in accordance with the provisions of the preceding paragraph.
The housing management department shall announce the local real estate transaction information to the public on a monthly basis.
Thirty-fourth real estate appraisal institutions are selected by the demolition and demolition; Can not be * * * with the election, by the housing demolition management department from the registered real estate appraisal institutions with corresponding legal qualifications randomly determined. There shall be no less than three real estate appraisal agencies participating in the random determination. Randomly determined real estate appraisal institutions shall be notarized on the spot by notaries.
The house demolition management department shall announce the time and place randomly determined by the real estate appraisal institution within the scope of demolition three days before the date of randomly determining the real estate appraisal institution.
Thirty-fifth demolition of housing market evaluation price publicity system.
The real estate appraisal institution shall publicize the name of the person to be demolished, the house number of the house to be demolished, the appraisal factors, the appraisal basis and the appraisal price within the scope of demolition, and accept social supervision. The publicity time shall not be less than ten days.
If the demolition parties have any objection to the evaluation results, they may ask the real estate appraisal agency to make an explanation. The real estate appraisal institution shall explain it within three days from the date of receiving the request for explanation.
Thirty-sixth real estate appraisal institutions should follow the principles of openness, fairness and impartiality, and conduct real estate market price appraisal in strict accordance with the national real estate appraisal norms and standards.
Article 37. In accordance with the provisions of this chapter, the land occupied by houses demolished in accordance with the standard floor area ratio shall not be compensated in accordance with the provisions of Article 29 of the Implementation Measures of the Land Management Law of the People's Republic of China. If the land area that the demolished person enjoys the right to use according to law exceeds the land area occupied by the demolished house according to the standard floor area ratio, the excess land shall be compensated in accordance with the provisions of Article 29 of the Implementation Measures of Zhejiang Province (People's Republic of China (PRC) * * and Land Management Law).
Thirty-eighth demolition area for the construction of similar commercial housing, the demolition of people under the same conditions enjoy the preemptive right.
Thirty-ninth the implementation of property rights exchange, the demolition and demolition should be the settlement of the price difference between the demolition and resettlement housing.
The prices of the demolished houses and resettlement houses shall be determined by the same real estate appraisal institution at the same appraisal time, using the same methods and standards.
Fortieth people who choose to change their property rights have the right to ask them to provide resettlement houses not less than the original construction area of the houses to be demolished.
Resettlement houses shall meet the requirements of design specifications; If it is a newly-built commercial house, it shall be checked and accepted before delivery.
Article 41 Where the demolished person belongs to a low-income family, and the construction area of each household of the demolished residential house is less than 36 square meters (if there are other residential houses in the same urban planning area, they shall be counted together), and the property rights shall be exchanged, the demolished person shall provide complete sets of residential houses with a construction area of not less than 36 square meters as resettlement houses. The demolished houses and resettlement houses do not settle the price difference of property right exchange with each other. The municipal and county people's governments may stipulate the minimum resettlement area for each household higher than 36 square meters.
The specific scope of low-income families mentioned in the preceding paragraph shall be determined by the people's governments of cities and counties according to the actual situation in the region; The construction area of each household of the demolished residential house is determined on the basis of the household registration certificate, house ownership certificate or other legal property rights certificate of the demolished person when the house demolition permit is issued.
Forty-second demolition of housing management departments directly in charge of residential public houses or units in charge of residential public houses (including incomplete houses), the lessee has the right to buy houses in accordance with the housing reform policy. After the lessee purchases the house in accordance with the housing reform policy, the demolisher shall compensate and resettle the demolished person.
If the lessee fails to purchase a house according to the housing reform policy, and fails to reach an agreement with the demolished person to terminate the lease relationship, the demolished person shall implement the compensation and resettlement method of property right exchange for the demolished person. If the resettlement house is leased by the original lessee, the person to be demolished shall re-sign the housing lease contract with the original lessee.
Forty-third demolition of residential housing to implement the private saving policy to update, the demolition should be in accordance with the provisions of this Ordinance to be taken compensation and resettlement. The measures for the resettlement of the lessee shall be formulated by the municipal and county people's governments.
Forty-fourth demolition of housing management departments escrow housing, escrow housing users, should implement property rights exchange; If there is no user in the escrow house, the custodian shall choose the compensation and resettlement method.
Choose property rights exchange, resettlement housing is still managed by the housing management department; If monetary compensation is selected, the amount of monetary compensation shall be deposited in the bank by the custodian's special account.
Forty-fifth the purpose of the demolished house shall be based on the purpose of the registration of the house ownership certificate. The identification of the purpose of the house is based on the legal and valid documents provided by the planning and land management departments.
If the house ownership certificate is not clearly used, the property right registration department shall conduct investigation and confirmation according to the provisions of the preceding paragraph of this article according to its functions and powers or according to the application of the house owner.
If the owner of the house requests to change the original registered purpose, he may apply to the property right registration department for change registration with relevant documents before his house is included in the scope of demolition.
Forty-sixth "People's Republic of China (PRC) City Planning Law" (1990 04 1) before the implementation of the change of housing use, and continue to use the changed use, the property registration department shall, according to the application of the owner of the house and the identification of the changed use, handle the change registration; If it is changed into a commercial house, it shall hold a legal and valid business license.
1 April, 9901day After the implementation of the Urban Planning Law of People's Republic of China (PRC), if the use of the house is changed without the consent of the planning and land management departments, the methods for determining the use of the house shall be formulated by the municipal or county people's governments.
If it is necessary to pay land revenue for changing the use of the house, the owner of the house shall pay the land revenue according to law before the change registration.
Forty-seventh residential housing units choose property rights exchange, the demolition should be completed within twenty-four months from the date of receiving the permit for house demolition. Among them, if the high-rise building built on the demolition plot is used as a property right exchange room, the demolisher shall complete the resettlement of the demolished person or lessee within 36 months from the date of receiving the house demolition permit.
During the transition period, the turnover room can be solved by the demolished or the lessee, and can also be provided by the demolished. The person to be demolished or the lessee of the house has the right to choose the specific transition mode, and the demolition person shall not force or refuse.
If the demolisher provides the revolving room, the demolished person or lessee shall vacate the revolving room within four months after receiving the resettlement house.
Forty-eighth residential housing demolition or housing tenant to solve the housing turnover, the demolition should be from the relocation of the month to be placed within four months after the payment of temporary resettlement subsidies. Temporary resettlement subsidies are determined according to the average price of local rent and the cost of residential houses with the same area and good location, but the monthly temporary resettlement subsidies for each household shall not be lower than the cost of ensuring their basic living conditions. The specific standards are determined by the municipal and county people's governments according to the local price level and published once a year.
If the demolisher fails to provide the resettlement house within the transitional period agreed in the demolition compensation and resettlement agreement, he shall pay the temporary resettlement subsidy at twice the original standard from the overdue month, and compensate the demolished person or lessee for the losses caused by the overdue use of the resettlement house.
If the demolisher provides the revolving house, the revolving house shall be equivalent to the living conditions of the demolished house, which can meet the basic living conditions of the demolished person or lessee, and the demolisher will no longer pay the temporary resettlement subsidy. If the demolisher fails to provide the resettlement house within the transitional period agreed in the agreement, in addition to continuing to provide the revolving house, he shall also pay the temporary resettlement subsidy according to the prescribed standards from the overdue month to compensate the demolished person or lessee for the losses caused by the overdue use of the resettlement house.
Forty-ninth demolition should pay the demolition of residential housing or housing tenant relocation subsidies. The moving subsidy for each household is not less than that of 600 yuan, and the specific standards are determined by the municipal and county people's governments according to the local price level and published once a year.
The implementation of property rights exchange, the demolition of people or housing tenants from the demolition of temporary housing turnover to resettlement housing, it should be paid again moving subsidies.
Fiftieth demolition of non-residential housing caused by the suspension of production, business caused by economic losses and relocation, installation, transition and other expenses, by the demolition of a one-time subsidy. The specific subsidy standards shall be stipulated by the municipal and county people's governments.
Article 51 Houses and their attachments belonging to schools, hospitals, nursing homes, welfare homes, kindergartens, neighborhood committees and other public welfare undertakings that have been demolished shall be rebuilt or given monetary compensation in accordance with the provisions of relevant laws and regulations and the requirements of urban planning.
The fourth chapter of the Regulations on the Administration of Urban Housing Demolition in Zhejiang Province
Legal liability
Fifty-second in violation of the provisions of this Ordinance, one of the following acts, by the housing demolition management department in accordance with the provisions of relevant laws and regulations to give administrative punishment:
(a) the implementation of the demolition without obtaining the permit for house demolition;
(two) to defraud the house demolition permit by deception;
(three) the implementation of house demolition is not 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 in violation of regulations.
Fifty-third in violation of the provisions of this Ordinance, one of the following acts, resulting in property losses of the demolition or housing tenant, shall bear civil liability according to law:
(a) the implementation of the demolition without obtaining the permit for house demolition;
(two) to defraud the housing demolition permit to carry out the demolition by deception;
(three) the demolition is not carried out in accordance with the scope and duration of the demolition specified in the house demolition permit.
Fifty-fourth real estate appraisal institutions and the demolition parties collude with each other to deliberately lower or raise the market evaluation price of the demolished houses, and the evaluation results are invalid, and the house demolition management department will reorganize the evaluation; And by the relevant administrative departments shall be ordered to refund the assessment fee, given administrative punishment according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If losses are caused to the parties, the real estate appraisal institution shall be liable for compensation according to law.
Fifty-fifth demolition of one of the following acts, given a warning by the housing demolition management department, shall be ordered to make corrections; If losses are caused to residents, residents shall be liable for compensation according to law:
(a) failing to sign an agreement on compensation and resettlement for demolition with the person being demolished in accordance with the regulations, and carrying out demolition without legal ruling;
(two) in violation of the provisions of the first paragraph of article twenty-second, the compensation and resettlement plan is carried out without the approval of the housing demolition management department;
(three) forgery, alteration or failure to provide the required text of the demolition compensation and resettlement agreement to the demolition.
Article 56 If the relevant administrative departments and their staff neglect their duties, abuse their powers or engage in malpractices for selfish ends, under any of the following circumstances, the directly responsible person in charge and the directly responsible personnel shall be given administrative sanctions by the relevant departments according to law; 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) failing to issue a demolition notice in accordance with the provisions of these regulations;
(four) the implementation of housing demolition management department;
(five) in violation of the provisions of this Ordinance to make a decision on the demolition;
(six) in accordance with the provisions of this Ordinance, the hearing should not be held;
(seven) did not organize the construction of resettlement houses as planned, resulting in the demolition of people who failed to get resettlement within the resettlement period;
(eight) the implementation of compulsory demolition in violation of the provisions of this Ordinance.
If the acts specified in the preceding paragraph cause losses to the parties involved in the demolition, they shall be liable for compensation according to law.
The fifth chapter of Zhejiang province urban housing demolition management regulations
supplementary terms
Fifty-seventh in the urban planning area of foreign land demolition, and the need for compensation and resettlement of the demolition, with reference to this Ordinance.
Measures for compensation and resettlement of house demolition on collective land in urban planning area shall be formulated separately by the provincial people's government.
Article 58 These Regulations shall come into force as of the date of promulgation. 1994 12 19 The Detailed Rules for the Implementation of the Management of Urban Housing Demolition in Zhejiang Province issued by the provincial people's government shall be abolished at the same time. If the local laws and regulations on urban house demolition on state-owned land previously formulated in this province are inconsistent with these regulations, these regulations shall prevail.