Guiding opinions on the valuation of urban house demolition
Article 1 In order to standardize the appraisal behavior of urban house demolition and safeguard the legitimate rights and interests of the parties involved in the demolition, this opinion is formulated in accordance with the relevant provisions of the People's Republic of China (PRC) Urban Real Estate Management Law, the Regulations on the Administration of Urban House Demolition and the national standard "Specification for Real Estate Appraisal".
Article 2 These opinions are applicable to the real estate appraisal activities involved in house demolition on state-owned land in urban planning areas.
Article 3 The term "valuation of urban house demolition" as mentioned in this opinion refers to the evaluation of the real estate market price according to the location, use and construction area of the house to be demolished, so as to determine the monetary compensation amount of the house to be demolished.
The appraisal price of house demolition is the real estate market price of the house to be demolished, excluding relocation subsidies, temporary resettlement subsidies, compensation for suspension of production and business due to the demolition of non-residential houses and compensation for interior decoration of the house to be demolished. Relocation subsidies, temporary resettlement subsidies and compensation for suspension of production and business for demolition of non-residential houses shall be implemented in accordance with the standards stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The amount of compensation for the interior decoration of the house to be demolished shall be determined by the demolition and demolition through consultation; If negotiation fails, it can be determined through entrusted evaluation.
Article 4 The demolition appraisal shall be undertaken by an appraisal institution with real estate price appraisal qualification (hereinafter referred to as appraisal institution), and the appraisal report must be signed by a full-time registered real estate appraiser.
Fifth demolition valuation should adhere to the principles of independence, objectivity, fairness and legality. No organization or individual may illegally interfere with the demolition appraisal activities and appraisal results.
Sixth city and county real estate management departments should announce to the public a number of appraisal institutions with high qualification level, strong comprehensive strength and good social reputation for the demolition parties to choose.
The determination of the demolition appraisal institution shall be open and transparent, and the parties to the demolition shall vote or draw lots.
The demolished houses within the same demolition scope determined by the house demolition permit shall, in principle, be evaluated by the evaluation agency. Need to be assessed by more than two assessment agencies, the assessment agencies should coordinate the basis, principles, procedures, methods and parameter selection of the demolition assessment, and implement the same standards.
Seventh demolition appraisal institutions are determined, generally commissioned by the demolition. The client shall sign a written entrustment contract for demolition and appraisal with the appraisal institution.
Article 8 An entrusted appraisal institution shall not transfer or transfer the entrusted appraisal business in disguised form.
Appraisal institutions and appraisers who have an interest in or participate in the demolition should avoid it.
Ninth demolition parties have the obligation to truthfully provide the appraisal institutions with the information needed for demolition appraisal, and assist the appraisal institutions to conduct on-the-spot investigations.
Tenth entrusted appraisal institutions and appraisers need to consult the real estate ownership files and related real estate transaction information of the demolished houses, and the real estate management department shall allow them to consult.
Article 11 The purpose of demolition appraisal is expressed as "evaluating the real estate market price to determine the monetary compensation amount of the demolished house."
The demolition appraisal time is generally the date when the house demolition permit is issued. If the demolition is large in scale and implemented in stages, the implementation date of this (segmented) house demolition is the appraisal time.
The value standard of demolition evaluation is the open market value, regardless of the influence of factors such as house leasing, mortgage and seizure.
Twelfth commissioned demolition valuation, the demolition parties should be clear about the nature (including use, the same below) and area of the house to be demolished.
The nature and area of the house to be demolished are generally subject to the records of the house ownership certificate and the ownership file; There are special provisions on the identification of the nature and area of the house to be demolished, from which provisions shall prevail; If there is an agreement between the demolisher and the demolished person on the nature or area of the demolished house, it can be evaluated according to the negotiation results.
If the nature of the house to be demolished cannot be reached through consultation, it shall apply to the competent department of city planning administration for confirmation. If the area of the house to be demolished cannot be reached through consultation, it may apply to the housing area assessment agency established in accordance with the Measures for the Administration of Real Estate Surveying and Mapping for assessment; Without the establishment of housing area assessment agencies, you can entrust a real estate surveying and mapping unit with real estate surveying and mapping qualifications to calculate.
Specific issues related to the identification of the nature and area of the house to be demolished in the demolition shall be solved by the municipal and county planning administrative departments and real estate management departments.
Thirteenth city and county people's governments or their authorized departments shall, according to the local real estate market transaction prices, publish the real estate market prices of various types of houses in different regions, different uses and different building structures at least once a year.
Fourteenth demolition valuation should refer to the market transaction price of similar real estate and the real estate market price regularly published by the municipal and county people's governments or their authorized departments, combined with the real estate situation of the demolished houses.
Fifteenth demolition appraisers shall conduct on-site investigation of the demolished houses, make on-site investigation records, and shoot images reflecting the appearance and internal conditions of the demolished houses.
The field survey records shall be signed and approved by the appraisers, the residents and the residents.
If it is impossible to conduct on-site investigation and obtain video materials for the house to be demolished due to the reason of the demolished person, or if the demolished person does not agree to sign the record of on-site investigation, it shall be witnessed by an unrelated third person except the demolished person and the appraisal institution, and a corresponding explanation shall be made in the appraisal report.
Sixteenth demolition valuation should generally adopt the market comparison method. If the market comparison method cannot be adopted, other valuation methods can be adopted, and the reasons are fully explained in the valuation report.
Seventeenth demolition evaluation price should be in RMB as the monetary unit, accurate to RMB.
Eighteenth appraisal institutions shall publicize the preliminary appraisal results to the relocated households for 7 days, and make on-site explanations to listen to relevant opinions.
After the expiration of the publicity period, the appraisal institution shall provide the client with the overall appraisal report and household appraisal report of the demolished houses within the scope of entrustment. The client shall forward the household appraisal report to the demolished person.
Nineteenth demolition or demolition of the valuation report in doubt, you can consult the valuation agencies. The evaluation institution shall explain to it the basis, principles, procedures, methods, parameter selection and the process of producing evaluation results.
Twentieth demolition parties have objections to the valuation results, within 5 days from the date of receipt of the valuation report, you can apply in writing to the original valuation agency for a review of the valuation, you can also entrust other valuation agencies to evaluate.
Twenty-first demolition parties to the original appraisal institutions for review and appraisal, appraisal institutions shall give a reply within 5 days from the date of receiving the written application for review and appraisal. If the evaluation results change, a new evaluation report shall be issued; If the appraisal result has not changed, a written notice shall be issued.
If the demolition party entrusts an assessment agency to conduct an assessment, the entrusted assessment agency shall issue an assessment report within 10 days.
Article 22 If the demolition parties have objections to the review results of the original appraisal agency or the results of other entrusted appraisals are different from the original appraisal results, and no consensus can be reached through consultation, they can apply for technical appraisal to the real estate appraisal expert committee (hereinafter referred to as the appraisal expert committee) where the house to be demolished is located within 5 days from the date of receiving the review results or the appraisal report issued by other entrusted appraisal agencies.
Article 23 The evaluation expert committee shall, within 65,438+00 days from the date of receiving the application, issue written evaluation opinions on the evaluation basis, technical route, evaluation method selection, parameter selection and determination of evaluation results of the evaluation report applying for evaluation.
If there are no technical problems in the appraisal report, the appraisal report shall be maintained; If there are technical problems in the appraisal report, the appraisal institution shall correct the mistakes and re-issue the appraisal report.
Article 24 The construction administrative departments of provinces and autonomous regions, the municipal real estate management departments with districts or the self-regulatory organizations of the real estate appraisal industry authorized by them shall set up an appraisal expert committee composed of senior full-time registered real estate appraisers and experts in real estate, urban planning and law, etc., to provide technical guidance on the demolition appraisal and accept the technical appraisal of the demolition appraisal.
Twenty-fifth after the acceptance of the demolition appraisal technology, the appraisal expert committee shall designate more than 3 (including 3) odd members to form an appraisal group to deal with the demolition appraisal technology.
If the members of the appraisal team have an interest in the original appraisal institution or the demolition party or are the demolition parties, they shall withdraw.
The original appraisal institution shall cooperate with the appraisal expert committee to do a good job in appraisal.
Twenty-sixth members of the expert committee, appraisal institutions and appraisers should withdraw, and their appraisal opinions or results are invalid.
If the demolition party fails to provide relevant information truthfully or does not assist the appraisal agency in field investigation, resulting in inaccurate appraisal or other consequences, it shall bear corresponding responsibilities.
Twenty-seventh valuation institutions and appraisers have one of the following acts, according to the "Regulations on the Administration of Urban Real Estate Intermediary Services" and the "Measures for the Administration of Registration of Real Estate Appraisers", or recorded in their credit files:
(a) issued a false valuation report;
(two) in collusion with the demolition parties, damage the legitimate rights and interests of the other party;
(three) to obtain the demolition valuation business by means of unfair competition such as kickbacks;
(four) allow others to borrow their own name to engage in demolition appraisal activities or transfer or transfer the entrusted demolition appraisal business in disguise;
(five) many times to apply for identification, after verification, there is indeed a problem;
(six) in violation of the national standard "real estate valuation norms" and other provisions of this opinion;
(seven) other circumstances stipulated by laws and regulations.
Twenty-eighth property rights exchange as compensation for housing demolition, the evaluation of the real estate market price of the exchange of housing with reference to this opinion.
The real estate appraisal activities involved in house demolition on foreign land in urban planning area shall be implemented with reference to this opinion.
Twenty-ninth this opinion shall come into force as of June 65, 2004 +0. This opinion does not apply to the demolition valuation of the demolition project for which the house demolition permit has been issued before.