Provisions are as follows
Interim Provisions of Lishui Municipality on the Administration of Requisition of Collectively Owned Land and House Demolition in Urban Planning Area
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the Land Administration Law of the People's Republic of China, the Measures for the Implementation of the Land Administration Law of the People's Republic of China in Zhejiang Province and other relevant laws and regulations in order to standardize the management of house demolition by expropriation of collectively owned land, ensure the smooth progress of construction projects and protect the legitimate rights and interests of the parties involved in demolition.
Article 2 These Provisions shall apply to the expropriation of collectively-owned land within the urban planning area of Lishui City, the implementation of house demolition, and the need for compensation and resettlement for the demolished people. These Provisions shall apply to the demolition of houses built on state-owned land after the peasants' houses on the original collectively-owned land have been demolished.
Demolition of houses and their attachments that do not belong to farmers' collective land, the compensation and resettlement methods and standards shall be implemented in accordance with the "Lishui City Housing Demolition Management Measures".
Article 3 The expropriation of collectively owned land for house demolition (hereinafter referred to as house demolition) must conform to the urban planning and be conducive to the transformation of old cities, village demolition and the protection of ecological environment, cultural relics and historic sites.
Article 4 Lishui Municipal Bureau of Land and Resources is the competent department of collective land expropriation and house demolition in this Municipality (hereinafter referred to as the competent department of house demolition), and is responsible for the supervision and management of collective land expropriation and house demolition.
Finance, planning, construction, planning, public security, justice, industry and commerce, labor, culture, environmental protection and other departments shall, according to their respective responsibilities, cooperate with each other and jointly do a good job in the management of house demolition and relocation of collectively owned land.
When determining the scope of construction land, the planning department shall determine the scope of resettlement land for houses, production houses and village collective public facilities that need to be demolished within the scope of construction land expropriation.
Fifth people must be taken in accordance with the provisions of the demolition compensation and resettlement; The person to be demolished must obey the needs of land acquisition and construction, and complete the relocation within the specified relocation period.
Liandu municipal government and the township (town) people's government (street office) and village (neighborhood) committees where the demolition and resettlement are located shall assist the demolition people in mobilizing the demolition people.
Sixth demolition refers to the unit that has obtained the permit for the demolition of collective land and houses.
The demolished refers to the legal owner of the demolished house and its attachments.
Chapter II Demolition Management
Seventh expropriation of houses demolished on collectively owned land, after the planning determines the scope of land acquisition, the house demolition department shall announce the name of the construction project and the scope of land acquisition in the form of pre-announcement. After the release of the pre-announcement, if the owner of the house within the scope of land acquisition has one of the following circumstances, it will not be used as the basis for resettlement:
(1) Household registration and household name;
(two) sale, exchange, reconstruction (expansion), analysis of production, gift, household, lease, mortgage, pawn, etc. ;
(3) Obtaining a business license or a temporary business license.
The pre-announcement of land acquisition shall be copied to the relevant departments of public security, real estate management, industry and commerce, and the relevant departments shall provide assistance and cooperation.
Eighth residents should apply for demolition within 5 days after the announcement of land acquisition; The competent department of house demolition shall, within 10 days from the date of accepting the application, approve the implementation of the demolition and issue the permit for house demolition of collective land. Demolition within 5 days from the date of approval, the name of the construction project, the demolition, the scope of demolition, the demolition period, and the compensation and resettlement plan for demolition shall be announced.
The implementation of house demolition shall not exceed the approved scope of demolition and the prescribed period of demolition.
Within 3 months from the date of obtaining the house demolition permit for collective land expropriation, if the demolisher fails to carry out house demolition, the house demolition permit for collective land expropriation will naturally become invalid and shall be announced by the competent department of demolition.
Need to change the scope of demolition, it shall re apply for permission; If the demolition is postponed, the extension formalities shall be handled; If the demolition project is terminated, the cancellation procedures shall be handled in time.
Ninth housing demolition can be carried out by the demolition of their own, but also by the demolition of qualified units.
Tenth demolition should be in accordance with the provisions of the declaration of household registration, the number of permanent residents, the demolition of houses and their attachments and other matters.
The person to be demolished must truthfully declare the property rights and household registration of the house to be demolished and its appendages.
The number of permanent residence of the demolished family shall be subject to the household registration book issued by the public security department.
Eleventh in the demolition period stipulated in the housing demolition notice, the demolition and demolition should be signed in accordance with the provisions of the housing demolition compensation and resettlement agreement. The agreement shall specify the compensation form, compensation amount, resettlement method, resettlement area, resettlement place, relocation period, transition mode, transition period and liability for breach of contract. The compensation and resettlement agreement for house demolition shall be sent to the competent department of house demolition for the record.
Twelfth people who were taken to sign the "demolition and resettlement compensation agreement", must provide the "housing ownership certificate" and "collective land use certificate". If the construction areas recorded in the above two certificates are inconsistent, if monetary resettlement or apartment resettlement is selected, the records in the real estate license shall prevail; Where relocation and resettlement are selected, the records on the collective land use certificate shall prevail. If the two certificates are incomplete or undocumented, but the source of rights is legal and the property rights are clear, they shall be registered after the relevant departments have confirmed their rights.
Article 13 Where the demolished houses need monetary compensation, the location, use, environment, structure, construction area, recency and orientation of the demolished houses shall be evaluated and determined by a real estate appraisal agency with legal appraisal qualification before the implementation of house demolition.
Housing demolition replacement price, subsidiary price, decoration price, temporary resettlement subsidy, moving subsidy, operating loss subsidy, etc. Should be implemented in accordance with the standards stipulated by the relevant departments of the municipal government.
Fourteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolished person or lessee refuses to move within the relocation period, the demolished person may 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.
Fifteenth demolition and demolition or demolition, demolition and housing tenant can not reach an agreement on compensation and resettlement, upon the application of the parties, the competent department of housing demolition shall make an administrative ruling according to law.
The competent department of house demolition shall, within 30 days from the date of receiving the application, make an administrative decision according to law. The competent department of house demolition shall fully listen to the opinions of all parties before making an administrative decision.
If a party refuses to accept the administrative decision, it may apply for administrative reconsideration or bring a lawsuit to the people's court according to law.
Article 16 If the person to be demolished or the lessee of the house does not move within the relocation period stipulated by the administrative decision, the competent department of house demolition shall apply to the people's court for compulsory demolition according to law.
Before the implementation of compulsory demolition, the demolition shall apply to the notary office for evidence preservation on matters related to house demolition.
Article 17 If the demolition of houses with disputed property rights and use rights or other unclear property rights cannot be resolved or the property rights and use rights cannot be clearly defined within the relocation period stipulated in the demolition announcement, the demolition shall put forward a compensation and resettlement plan and implement the demolition after being approved by the competent department of house demolition. Before the demolition, the competent department of house demolition shall, jointly with the relevant departments, organize the demolition to conduct survey records on the demolished houses, and handle the evidence preservation with the notary office.
Eighteenth illegal buildings and temporary buildings within the scope of land demolition shall be handled in accordance with the following provisions:
(a) illegal buildings within the scope of land demolition and temporary buildings exceeding the approved period must be demolished by themselves within the demolition period specified in the demolition notice without compensation.
(two) the demolition of buildings that have not clearly defined the service life, and the construction and land resources departments have indicated in the examination and approval that they must be demolished free of charge because of the implementation of urban planning, and must be demolished by themselves within the demolition period specified in the demolition notice.
(three) the demolition of temporary buildings that have not exceeded the approved period may be given appropriate compensation according to the service life, but it shall not be resettled.
(four) before the house demolition, the person who has been demolished has obtained the homestead to build a new house according to law, but the old house has not been demolished according to the regulations, and the old house will not be compensated, and will be demolished by itself within the demolition period stipulated in the demolition announcement.
(five) demolition in the housing demolition notice, decoration, change (expansion) part of the building will not be compensated, not as a basis for resettlement.
Nineteenth public security, education, water supply, power supply, taxation and other departments and units. With the demolition certificate issued by the competent department of house demolition, timely handle and arrange household registration transfer, children transfer, tax reduction (exemption) for house purchase, electricity and water use, etc.
Chapter III Compensation and Resettlement for Demolition of Residential Houses
Twentieth demolition belongs to local farmers, the demolition of residential houses, the implementation of monetary resettlement, apartment resettlement or relocation.
Monetary resettlement means that according to the monetary compensation amount of the demolished residential houses, the residents provide resettlement funds and solve the residential houses themselves.
Apartment resettlement refers to the multi-storey residential houses provided by the government or the residents, who are relocated as houses with property rights exchange.
Relocation and resettlement refers to the compensation for the demolished people according to the replacement price of the demolished residential houses, and the land use procedures are handled in accordance with the relevant regulations, and the houses are built in the planned location for resettlement.
Article 21 Currency settlement. Monetary resettlement shall be handled in accordance with the following provisions:
(a) the amount of monetary compensation for the demolished houses shall be assessed and determined by an assessment agency with legal qualifications on the basis of the benchmark price of monetary compensation announced by the government when issuing the house demolition permit, and according to the location, use, environment, structure, construction area, development, grade and orientation of the demolished houses.
The evaluation institution shall listen to the opinions of the demolished people before determining the real estate market evaluation price of the demolished houses.
Determine the benchmark price of monetary compensation, with reference to the "Lishui City Housing Demolition Management Measures" method. The real estate market evaluation price of the house to be demolished shall be publicized.