Demolition policy basis

Implementation Opinions on Compensation and Resettlement for Demolition of Houses on Collective Land in Jingjiang Article 1 In order to standardize the compensation and resettlement for the demolition of houses on collective land of farmers and safeguard the legitimate rights and interests of the parties involved in the demolition, these opinions are formulated in accordance with the Regulations on the Administration of Urban House Demolition in Jiangsu Province and the Measures for the Administration of Compensation and Resettlement for Land-expropriated Houses in Taizhou City, combined with the actual situation of this Municipality. Article 2 Within the administrative area of this Municipality, these opinions shall apply to the house demolition and the compensation and resettlement of house owners (hereinafter referred to as demolition) due to the expropriation and requisition of collective land (hereinafter referred to as land requisition). Article 3 The demolition of land-expropriated houses shall follow the principles of legal management, proper resettlement and reasonable compensation, and conform to the overall land use planning and urban and rural construction planning. Article 4 Jingjiang City Collective Land Housing Demolition Management Office (hereinafter referred to as the Municipal Demolition Management Office) is responsible for the compensation and resettlement management of housing demolition on collective land, and is responsible for the supervision and management of housing demolition within the scope specified in this opinion. The municipal administrative department of land and resources is responsible for land management related to land acquisition and demolition. Within the scope of construction land approved according to law, the town people's government or neighborhood offices, economic development zones (parks, offices) and relevant government functional departments where the residents are located shall, according to their respective functions and duties, coordinate in the compensation and resettlement work for house demolition to ensure the smooth implementation of house demolition. Article 5 During the demolition of land-expropriated houses, the demolisher shall give compensation and resettlement to the demolished person in accordance with the provisions of this opinion, and the demolished person shall complete the relocation within the relocation period. Article 6 After the expropriation of collective land is approved according to law, the Municipal Demolition Management Office shall notify the relevant departments in writing to suspend the following matters within the scope of land use: (1) Newly approved homestead and other construction land. (two) the approval of new construction, renovation and expansion of housing. (3) Changing the use of houses and land. (4) Moving in and out of the registered permanent residence. However, due to birth, marriage, discharge from the army, graduation from college, release from prison, release from reeducation through labor, etc., it is really necessary to move into one household or another. City planning, land, industry and commerce, public security and other departments shall make an announcement on the matters listed in the preceding paragraph within the scope of demolition. The announcement shall specify the scope of demolition, suspension matters and suspension period. The suspension period shall be calculated from the date of announcement, and the longest period shall not exceed 1 year. If it is really necessary to extend the suspension period, the extension period shall not exceed 1 year. City planning, land, industry and commerce, public security and other departments still handle the matters listed in the preceding paragraph after receiving the written notice, it shall revoke its administrative act. During the suspension period, if the units and individuals within the scope of the announcement handle the matters listed in the first paragraph of this article without authorization, the house demolition will not be recognized. Article 7 The following procedures shall be followed in the implementation of house demolition: (1) Conduct demolition investigation. (two) the demolition application to the city demolition management office. (three) the city demolition management office issued a demolition notice. (four) the demolition and demolition compensation and resettlement agreement signed. (five) according to the demolition compensation and resettlement agreement for demolition compensation and resettlement. (six) the implementation of housing demolition. Article 8 When applying for the issuance of the notice of compensation and resettlement for house demolition due to land requisition, the demolisher shall submit the following documents to the Municipal Demolition Management Office: (1) Land requisition approval documents. (two) planning approval documents and the red line map of demolition. (three) the implementation plan of the demolition. (four) the demolition compensation and resettlement funds and resettlement houses, the proof of the implementation of the housing turnover. City demolition management office shall complete the review within 2O days from the date of accepting the application; To meet the conditions, the issuance of housing demolition compensation and resettlement notice, and the demolition, demolition scope, demolition period and other matters in the form of housing demolition notice to be published. Need to extend the demolition period, the demolition should be before the expiration of the demolition period 15, to the city demolition management office to apply for an extension of the demolition. Ninth people can take their own demolition, can also entrust other organizations with the corresponding ability to carry out the demolition. Tenth housing demolition compensation and resettlement funds shall be subject to the supervision of the municipal demolition management office. Eleventh demolition and demolition should be on the housing demolition compensation and resettlement methods and compensation standards, relocation period, resettlement location, transition mode, transition period, liability for breach of contract and other content to conclude a written agreement. Twelfth after the conclusion of the demolition compensation and resettlement agreement, the demolition parties may apply to the Arbitration Commission for arbitration according to the demolition compensation and resettlement agreement, or bring a lawsuit to the people's court according to law. Thirteenth demolition and demolition can not reach an agreement on compensation and resettlement, upon the application of the parties, the city demolition management office shall make a ruling with reference to the relevant procedures of the state, province and city. If a party refuses to accept the ruling, it may apply for administrative reconsideration or bring a lawsuit to the people's court. In accordance with the provisions of this opinion, the demolition person has provided the demolition resettlement house and revolving house to the demolition person, and the reconsideration and litigation will not stop the implementation of house demolition. Article 14 If the demolished person fails to move within the relocation period stipulated in the ruling, the municipal government may instruct the relevant departments to forcibly remove it, or the municipal demolition management office shall apply to the people's court for compulsory demolition according to law. Before the implementation of compulsory demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house. Fifteenth compensation for housing demolition, the demolition of housing ownership certificate, land ownership certificate or legal land use and construction procedures as the basis. Article 16 The purpose of the house to be demolished shall be subject to the purpose stated in the house ownership certificate and the land ownership certificate; Where the use of the house ownership certificate and the land ownership certificate is not specified or the specified use is inconsistent, the use specified in the legal land use and construction procedures shall prevail? Seventeenth the construction area of the house to be demolished shall be based on the area specified in the house ownership certificate or legal construction procedures. If the demolished person fails to apply for the house ownership certificate or the building area is not specified in the house ownership certificate and legal construction procedures, he may entrust a qualified real estate surveying and mapping agency for measurement, which will be used as the compensation basis after confirmation by the competent department. Those who have not obtained the legal ownership certificate or the building examination and approval procedures within the scope of demolition shall not be included in the compensation and resettlement area. However, under any of the following circumstances, the compensation and resettlement area can be calculated: (1)1the State Council was built before the promulgation of the Regulations on the Administration of Rural Construction Land on February 3, 982. (2) The houses built during the period from198February 1 3 to1998February122February 3 1 adversely affected the overall land use planning and town planning, and met the requirements for building applications. The houses built did not exceed the construction area standard of rural villagers' homestead. Article 18 When the demolisher applies for the Notice of Compensation and Resettlement for House Demolition, if the demolished person has legal building procedures and the newly-built house has not been built for five years, the demolisher shall give additional compensation: if the demolished house is less than 1 year, the compensation amount shall be increased by 19% according to the replacement price of the demolished house; if it is more than three years, the compensation amount shall be increased by17 according to the replacement price of the demolished house. If the demolished person has obtained legal building procedures but the new house has not yet been built, the demolished person shall immediately stop building, and the part of the new house that has been built shall be resettled by the demolished person in accordance with the approved construction area and the provisions of Article 22 of this opinion, and compensation shall be given according to the evaluation results. Has received legal building procedures but the parties have not yet built a house, the demolition should be placed in accordance with the approved construction area and the provisions of Article 22 of this opinion, but the parties should settle the house price with the demolition according to the construction and installation costs of the resettlement house. Article 19 In any of the following circumstances, compensation and resettlement shall not be granted: (1) Demolition of illegal buildings, temporary buildings exceeding the approved period or temporary buildings that need to be demolished unconditionally when the construction planning permit is adjusted. (two) the old houses that have been demolished but not demolished. (three) after the announcement of the demolition, the part that was demolished for decoration. Demolition of temporary buildings that have not exceeded the approved time limit will not be resettled, but appropriate compensation will be given according to the construction cost allocated according to the remaining service life. Twentieth residents should provide resettlement houses that meet the national quality and safety standards, and exchange property rights with the residents. Twenty-first residential housing demolition written commitment to solve the housing, apply for monetary compensation and resettlement, there should be a local town people's government (street offices), villagers' committees (residents' committees) and other relevant certificates of legal residence in the field. The compensation and resettlement funds for the demolished houses can be calculated according to the following methods: compensation and resettlement funds = the total value of the demolished houses+(the area of houses to be resettled × 50% of the location price of the area where the demolished houses are located) Article 22 If the demolished house takes a homestead or legal building procedures as one household, and the demolished house has multiple houses within the same demolition scope, it will be merged into one household to calculate its original housing area; After the legal construction area of the demolished residential house is publicized, each household can exchange property rights according to the following provisions by virtue of the demolition house resettlement agreement: (1) If the legal construction area of the demolished residential house is less than or equal to 200 square meters, the property rights can be exchanged according to the apartment closest to the actual legal construction area of the demolished residential house, and the difference can be settled according to the compensation amount of the demolished house and the resettlement house price. If the property right exchange house is larger than the area of the demolished house, the demolished person shall pay the price according to the market price. (two) the legal construction area of the demolished residential houses is more than 200 square meters, and the area of property rights exchange can be increased by 50% according to the actual area, but the actual resettlement area of each household shall not exceed 250 square meters. (three) the area of the house to be demolished is less than 65 square meters, and the person to be demolished shall be resettled according to 65 square meters, and the person to be demolished shall no longer pay the house price; The part exceeding 6 5 square meters due to house type shall be settled according to the resettlement house price announced by the government. Twenty-third people who are members of collective economic organizations belong to people with particularly difficult family economy. If the legal construction area of the house to be demolished is less than190m2 as recognized by the local town and village organizations, the location price shall be calculated according to190m2. The purchase of resettlement housing should be carried out according to the legal construction area of demolition and the twenty-second article of this opinion. Twenty-fourth after the demolition of residential houses, the demolition of collective economic organizations to arrange the reconstruction of the homestead, the demolition should be compensated according to the replacement price of the legal construction area. According to the replacement price of the house, if the demolition compensation is less than 35,000 yuan, the demolition compensation will be 35,000 yuan. Twenty-fifth demolition of mortgaged houses shall be carried out in accordance with the relevant laws and regulations of the state. Twenty-sixth demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the municipal demolition management office for examination and approval before the implementation of demolition. Before the demolition, the demolition shall handle the evidence preservation with the notary office for matters related to the demolition of houses. Twenty-seventh residential housing demolition, the demolition of their own accommodation during the transition period, the demolition should pay temporary resettlement subsidies, temporary resettlement subsidies per household per month not less than 40 yuan. If the demolished person uses the revolving house provided by the demolished person, the demolished person will not pay the temporary resettlement subsidy within the transitional period specified in this opinion. Article 28 The transition period of demolition shall not exceed 18 months from the date when the house is vacated by the demolished person and handed over to the demolished person or the demolition implementation unit. Demolition, demolition should abide by the transition period agreement. Payment of temporary resettlement subsidy: (1) If the extension period is within 12 months, the temporary resettlement subsidy shall be paid according to the standard of 2 times; If the extension period exceeds 12 months, the temporary resettlement subsidy shall be paid according to the standard of 4 times from the month exceeding. (2) If the demolisher provides transitional housing, and the extension period is within 1.2 months, the temporary resettlement subsidy not less than that of 400 yuan shall be paid every month; If the extension period exceeds 1.2 months, the temporary resettlement subsidy shall be paid at twice the standard from the month exceeding. Twenty-ninth because of the demolition caused by telephone installation, broadband access, cable TV installation, air conditioning, water heaters and other equipment and facilities relocation and installation costs, should be compensated according to the facts. Thirtieth people who have been taken to sign an agreement on compensation and resettlement for house demolition within the time limit stipulated in the house demolition notice and vacate the house, the demolition should give the demolition reward. Thirty-first demolition of non-residential housing does not implement property rights exchange, monetary compensation for the demolition. If the house ownership certificate of the demolished person indicates the houses used by industrial and mining enterprises and other non-commercial operating houses, the demolished person shall compensate the demolished person according to the replacement price of the demolished house combined into a new 2 times; If the house ownership certificate of the demolished person is marked as a commercial house, the demolished person shall compensate the demolished person according to the replacement price of the demolished house combined into a new 3 times. Collective economic organizations to arrange land reconstruction, according to the replacement price of housing into a new compensation. Thirty-second demolition of non-residential houses, the demolition should be taken to pay relocation expenses and relocation expenses of fixed equipment. The relocation expenses and the relocation expenses of fixed equipment shall be determined by the residents and the residents through consultation. If negotiation fails, the two parties may entrust the corresponding intermediary agencies for evaluation. Thirty-third demolition notice issued by the normal production, due to the demolition of enterprises to suspend business, production and other losses, the demolition should be in accordance with the total compensation for housing demolition 10% to pay a one-time subsidy to the demolition. If the demolition has stopped production or business, no additional subsidies will be given. Article 34 Before the implementation of this opinion, if the demolished person has obtained an industrial and commercial business license and has been in business for more than one year, the construction area actually used for business shall be assessed and compensated according to the purpose specified in the house ownership certificate, but the construction area used for business may be combined with a new subsidy of 5% by increasing the house replacement price every business 1 year, with the maximum not exceeding 1 times the house replacement price. Thirty-fifth compensation assessment of the decoration and accessories of the demolished houses shall be implemented with reference to the decoration and other compensation standards of the accessories and ancillary facilities of the demolished houses in local cities. Article 36 The appraisal of the house price to be demolished shall be conducted by a real estate appraisal institution (hereinafter referred to as the appraisal institution) funded by the municipal construction administrative department and with the third-class qualification of real estate appraisal issued by the construction administrative department at or above the provincial level. Thirty-seventh assessment agencies selected by the demolition and demolition; Demolition and demolition can not reach an agreement, the city demolition management office in line with the conditions of the assessment agencies to determine the lottery, the city demolition management office should be in the lottery 3 days before the demolition site announcement lottery time and place. Thirty-eighth demolition or demolition of the assessment results have objections, you can ask the assessment agencies to explain and explain within 5 working days from the date of delivery of the assessment results. The evaluation institution shall make a written explanation and explanation within 5 working days. If there are still objections after explanation, the dismantler or the dismantler who has objections may entrust other assessment agencies that meet the provisions of Article 36 of this opinion to re-evaluate within 1.5 days. Thirty-ninth people should be taken in the assessment within 5 days after the end of the demolition site announced the assessment results. Fortieth large-scale water conservancy, hydropower projects and key infrastructure construction such as railways, highways, water transport, etc., if there are other provisions of the people's Government of the State Council and the province, those provisions shall prevail. Article 41 This opinion shall come into force as of the date of promulgation. On March 25th, 2005, Jingjiang Municipal Government issued the Interim Measures for Compensation for Demolition of Collective Land Houses in Jingjiang City (Zheng Jingfa [2005] No.40), which was abolished at the same time.