Article 1 These Measures are formulated in accordance with the Regulations on Expropriation and Compensation of Houses on State-owned Land (the State Council Decree No.590, hereinafter referred to as the Expropriation Regulations) and other relevant laws and regulations, in order to regulate the expropriation and compensation activities of houses on state-owned land in this Municipality, safeguard public interests and safeguard the legitimate rights and interests of the owners of houses to be expropriated.
Article 2 These Measures shall apply to the expropriation and compensation of units and individuals' houses on state-owned land within the administrative area of this Municipality.
Article 3 House expropriation and compensation shall follow the principles of democratic decision-making, due process, fair compensation and open results.
Article 4 The Municipal People's Government shall be responsible for the house expropriation and compensation within its administrative area. City housing levy department is responsible for the management of housing levy and compensation in this city.
Development and reform, land, planning, prices, construction, housing management, public security, urban management, industry and commerce, civil affairs, education, auditing, supervision, taxation and other relevant departments shall, in accordance with their respective responsibilities and the provisions of these Measures, do a good job in the relevant work of housing expropriation and compensation.
Article 5 The District People's Government shall be responsible for the house expropriation and compensation within its administrative area, and shall be responsible for organizing and handling the house demolition. District housing levy departments specifically organize the implementation of housing levy and compensation work within their respective administrative areas.
Wuhan East Lake New Technology Development Zone, Wuhan Economic and Technological Development Zone, East Lake Eco-tourism Scenic Area and Wuhan Chemical Industrial Zone Management Committee (hereinafter referred to as the Administrative Committee) shall be responsible for the implementation of house expropriation and compensation within their management areas in accordance with the provisions of these Measures.
Article 6 The house expropriation department may entrust the house expropriation implementation unit to undertake the work of house expropriation and compensation. The house expropriation department shall sign an entrustment contract with the house expropriation implementation unit to clarify the rights and obligations of both parties. When accepting the entrustment, the implementation unit of house expropriation can charge the corresponding working expenses to the entrusting party, but not for the purpose of making profits.
The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions.
Seventh housing expropriation involves land use and planning demonstration, surveying and mapping, evaluation, law, housing demolition and other services, housing expropriation departments and relevant units shall entrust professional institutions with corresponding qualifications to complete. After the announcement of the collection decision, the collection department shall disclose the relevant information of professional institutions.
Eighth any organization or individual who violates the provisions of these measures has the right to report to the relevant people's government, the house expropriation department and other relevant departments. The relevant people's governments, house expropriation departments and other relevant departments that have received the report shall verify and handle it in time.
The supervisory organ shall strengthen the supervision of the government and relevant departments or units and their staff involved in the work of house expropriation and compensation.
Article 9 The municipal house expropriation department shall conduct training and assessment on the professional knowledge and relevant legal knowledge of the staff of the house expropriation departments and the expropriation implementation units in each district, and the expropriation personnel shall hold relevant certificates.
Chapter II Collection Decision
Tenth in order to protect national security, promote national economic and social development and other public interests, under any of the following circumstances, it is really necessary to expropriate houses, the District People's Government shall make a decision on the expropriation of houses:
(a) the needs of national defense and diplomacy;
(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;
(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;
(four) the needs of the construction of affordable housing projects organized and implemented by the government;
(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;
(six) the needs of other public interests as prescribed by laws and administrative regulations.
The Municipal People's Government may also make a decision on house expropriation if houses need to be expropriated due to major project construction and other reasons.
Eleventh in accordance with the provisions of article tenth of these measures, the construction activities that really need to be levied shall conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning. The construction of affordable housing projects and the transformation of old urban areas should be included in the annual plan for national economic and social development of cities and districts.
The formulation of national economic and social development planning, overall land use planning, urban and rural planning and special planning shall solicit public opinions and conduct scientific argumentation.
Twelfth housing expropriation involves the transformation of the old city, the district people's government shall organize housing management, construction and other departments to demonstrate the centralized dangerous houses and backward infrastructure.
Thirteenth housing expropriation departments shall, according to the planning opinions issued by the planning department, reasonably determine the scope of housing expropriation on state-owned land.
Fourteenth after the scope of house expropriation is determined, it is not allowed to build, rebuild or expand houses and change the use of houses within the scope of house expropriation. In violation of the provisions of the implementation, no compensation.
The house expropriation department shall notify the land, planning, housing management, industry and commerce, public security and other departments in writing to suspend the relevant procedures within the scope of expropriation. The written notice shall specify the suspension period and the suspension scope, and the longest suspension period shall not exceed 1 year. The relevant departments shall suspend the following items within the scope of collection according to their duties:
(1) Building, expanding and rebuilding houses;
(two) housing and land use rights division, gift, lease, change of use;
(three) the establishment and change of industrial and commercial registration with the house within the scope of expropriation as the registered address;
(4) Household registration and household name.
Fifteenth house expropriation departments shall organize the investigation and registration of the ownership, location, use and construction area of the houses within the scope of expropriation, and the expropriated person and the public housing tenant shall cooperate. The survey results shall be announced to the expropriated person and the lessee of public housing within the scope of expropriation.
Article 16 Before making a decision on house expropriation, the District People's Government shall organize the departments of expropriation, planning, urban management and housing management to investigate, identify and deal with unregistered buildings within the scope of expropriation according to their respective duties. No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.
Specific measures for the investigation, identification and treatment of unregistered buildings within the scope of expropriation shall be formulated by the people's governments of all districts according to the actual situation.
Seventeenth housing levy department is responsible for making compensation plan, submitted to the people's government at the same level for approval before implementation. The compensation scheme shall include the following contents:
(a) the legal basis for housing expropriation and compensation;
(2) The purpose of house expropriation;
(3) the scope of house expropriation;
(four) the method of determining the type and construction area of the house to be expropriated;
(five) the way, standard and calculation method of housing expropriation compensation;
(6) Subsidies and reward standards;
(seven) the basic situation of resettlement houses;
(eight) the choice of housing levy assessment agencies;
(nine) the signing period of housing expropriation compensation;
(ten) the name of the entrusted housing levy implementation unit;
(eleven) other matters.
The people's government that has made the expropriation decision shall organize the relevant departments to demonstrate the expropriation compensation scheme, publish it and solicit public opinions. The time for soliciting opinions shall not be less than 30 days.
The people's government that has made the decision on expropriation shall promptly announce the situation of soliciting opinions and make amendments according to public opinions.
If it is necessary to expropriate houses due to the transformation of old areas, and more than half of the expropriated people and public housing tenants think that the expropriation compensation scheme does not meet the provisions on expropriation compensation, the people's government that made the expropriation decision shall organize a hearing attended by the expropriated people, public housing tenants and public representatives, and modify the scheme according to the hearing.
Eighteenth before making a decision on house expropriation, the house expropriation department shall, according to the project situation, organize the preparation of social stability risk assessment report. The social stability risk assessment report shall explain the project situation, analyze it from the aspects of legality, rationality, feasibility and controllability, and report it to the people's government at the same level for review. If the house expropriation involves more than 300 expropriated persons and public housing tenants, the decision on house expropriation shall be discussed and decided by the executive meeting of the government.
Nineteenth before making a decision on house expropriation, the compensation fee shall be paid in full, stored in a special account and used for special purposes.
Twentieth municipal or district people's government shall make a public announcement in time after making a decision on house expropriation. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights, time limit and other matters.
City, District People's governments and housing expropriation departments should do a good job in the publicity and explanation of housing expropriation and compensation.
If houses are expropriated according to law, the state-owned land use right shall be recovered at the same time, and the housing and land management department may directly cancel the registration according to the expropriation compensation agreement or the expropriation compensation decision.
Twenty-first expropriated people and public housing tenants who are not satisfied with the decision of housing expropriation may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter III Compensation
Twenty-second housing levy compensation agreement signed by the housing levy department and the expropriated person, public housing tenant. The legal and valid house ownership certificate registered on the date of announcement of the expropriation decision shall prevail; The lessee of public housing shall be subject to the Public Housing Lease Certificate.
The construction area and use of the house to be expropriated shall be subject to the housing ownership certificate issued by the housing registration agency; If the house ownership certificate is not marked or marked inconsistent with the house registration book, the area and purpose marked in the house registration book shall prevail.
Twenty-third housing expropriation should be based on different circumstances, in accordance with the provisions of the expropriated person or public housing tenant to give the following compensation:
(1) Compensation for the value of the expropriated house;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(3) Compensation for losses caused by expropriation of houses.
Twenty-fourth compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision.
The value of the house to be expropriated and the house with property right exchange shall be assessed and determined by the real estate price assessment agency selected in accordance with these Measures, and the assessment time shall be the date of the announcement of the house expropriation decision.
If there is any objection to the appraisal value of the house, it shall, within 10 working days from the date of the announcement of the appraisal result or the date of receiving the appraisal result, apply to the selected real estate price appraisal institution for review and appraisal. If there are still objections to the review results, it shall apply to the shanghai real estate appraisers association Real Estate Appraisal Expert Committee for appraisal within 10 working days from the date of receiving the review results.
Twenty-fifth after the announcement of the expropriation decision, the house expropriation department shall promptly organize the expropriated person and the public housing tenant to negotiate and choose the real estate price assessment agency; If negotiation fails, the house expropriation department shall decide by organizing the expropriated person and the public housing tenant to vote, or by drawing lots, shaking numbers and other random methods in accordance with the principle that the minority is subordinate to the majority. If it is determined by lottery or lottery, it shall be notarized on the spot by a notary office. The house expropriation department shall announce the selected real estate price assessment agencies.
Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and no unit or individual may interfere.
Twenty-sixth expropriated people can choose monetary compensation, but also choose the exchange of housing property rights. Expropriation of public housing, the compensation method is chosen by the lessee of public housing.
If the house property right exchange is selected, the house expropriation department shall provide the house with property right exchange, and settle the difference between the value of the house to be expropriated and the value of the house with property right exchange with the expropriated person.
Because of the old city transformation, the individual residence is levied, and the housing property rights are exchanged in the transformation area, and the houses in the transformation area or the nearby area are provided, and the price difference is settled according to the housing value.
Twenty-seventh before the house expropriation, the house expropriation department shall pay the relocation fee to the expropriated person or the lessee of public housing. The relocation fee standard shall be formulated by the people's governments of all districts with reference to the market price.
Twenty-eighth expropriation of residential houses, office buildings and other non-production and business premises, the choice of housing property rights exchange, property rights exchange housing before delivery, the housing levy department shall pay temporary resettlement compensation or provide revolving housing. If monetary compensation is chosen, the house expropriation department shall pay the temporary resettlement compensation fee of the expropriated person or the public housing tenant for 3 months in one lump sum.
The compensation fee for temporary resettlement shall be determined by the real estate price assessment agency selected in accordance with these Measures according to the rental price of the house to be expropriated in the similar real estate market, and the assessment time shall be the date of the announcement of the house expropriation decision. Over the transition period agreed in the compensation agreement, the property exchange house has not been delivered, and the temporary resettlement compensation fee shall be paid according to the standard of increasing 50%.
Twenty-ninth compensation for the interior decoration value of the expropriated house shall be determined by the expropriated parties through consultation; If negotiation fails, it may be entrusted to a real estate price assessment agency selected in accordance with these Measures for assessment.
Thirtieth the expropriation of production and business premises, resulting in the loss of the expropriated person or public housing tenant to stop production and business, it shall give the expropriated person or public housing tenant compensation of 5% of the value of the expropriated house.
If the expropriated person or public housing tenant thinks that the loss of production or business suspension exceeds 5% of the value of the expropriated house, he may request the house expropriation department to entrust a real estate price assessment agency selected in accordance with these measures to assess the loss of production or business suspension according to the benefits of the three years before the house expropriation and during the period of production or business suspension, and make compensation according to the assessment results. If monetary compensation is selected, the period of suspension of production and business operation shall be calculated according to 6 months, and if property right exchange is selected, the period of suspension of production and business operation shall be calculated according to the transitional resettlement period.
Article 31 If the production and business operation unit or individual of the expropriated house is not the expropriated person or the lessee of the public house, the compensation for the loss of production or business suspension and the compensation for the decoration value shall be distributed according to the agreement between the expropriated person and the lessee of the public house.
Thirty-second expropriation of individual housing, the expropriated person, public housing tenant to change the use of housing for production and business purposes, should be based on the situation of residential housing expropriation compensation. However, before the promulgation of these measures, if the residence has been used as a commercial facade and the industrial and commercial business license has been obtained at the registered address of the residence, appropriate subsidies may be given to the part actually used for business. In principle, the subsidy standard shall not exceed 50% of the price difference between the commercial facade and the residential housing market, and the specific standards shall be formulated by the district people's governments.
Thirty-third expropriation of public housing, public housing tenants can get compensation, in line with the conditions of housing reform, housing reform should be carried out first, the housing levy department to levy compensation on the owner of housing reform, and signed a housing levy compensation agreement with the owner; Do not meet the housing reform conditions, compensation methods and standards are as follows:
(1) If monetary compensation is selected, the lease relationship shall be terminated and 90% of the value of the expropriated house shall be compensated, and 10% of the value of the expropriated house shall be compensated. The house expropriation department will sign a house expropriation compensation agreement with the expropriated person and the public housing tenant respectively.
(two) the choice of property rights exchange, the housing levy department and the expropriated person signed a housing property rights exchange agreement, and the expropriated person signed a housing lease agreement with the public housing tenant to continue to maintain the lease relationship.
Thirty-fourth expropriation of public non-residential housing, the expropriated person chooses to exchange property rights, the housing expropriation department and the expropriated person sign a housing property rights exchange agreement, and the expropriated person signs a housing lease agreement with the public housing tenant to continue to maintain the lease relationship.
If the expropriated person chooses monetary compensation, the lease relationship will be terminated, and the lessee of public houses will be compensated according to 70% and 30% of the value of the expropriated house. The house expropriation department signed a house expropriation compensation agreement with the expropriated person and the public housing tenant respectively.
Article 35 If private property is expropriated or the property owner's Cultural Revolution property is entrusted, managed or returned by the housing management department according to law, and the house has been rented as a public house, the owner shall be compensated according to 100% of the value of the expropriated house, and the lessee shall be compensated according to 90% of the value of the expropriated house.
Thirty-sixth expropriation of houses owned by religious groups, the house expropriation department shall solicit the opinions of the administrative department of religious affairs, and sign an expropriation compensation agreement with religious groups.
If all houses owned by religious groups are rented as public residential houses, the compensation measures may be implemented with reference to the relevant provisions of Article 35 of these Measures.
Article 37 When the mortgaged house is expropriated, the mortgagor and the mortgagee shall handle the mortgaged and secured creditor's rights through consultation in accordance with the provisions of the state and this Municipality on real estate mortgage.
If the mortgagor and the mortgagee reach a written agreement, the house expropriation department shall compensate the expropriated person according to the agreement. If no agreement is reached, the house expropriation department shall pay monetary compensation to the expropriated person, and the compensation shall be deposited in the notary office; If the property right of the expropriated person is changed, the mortgagee may change the collateral.
Thirty-eighth contract, the relocation of the expropriated person or public housing tenant, the housing levy department shall give relocation incentives. The specific reward standards shall be determined by the people's governments of all districts.
Thirty-ninth expropriation of individual residential houses, the expropriated person or the lessee of public housing chooses monetary compensation, and the house expropriation department may give subsidies according to the standard of not exceeding 20% of the value of the expropriated house. Specific standards shall be formulated by the people's governments of all districts.
Fortieth expropriation of individual residential or public residential houses, the construction area is less than 30 square meters (involving the combined calculation of the construction area of houses with ownership and lease rights), and the expropriated person and the lessee of public housing choose monetary compensation and meet the following conditions at the same time, the expropriation compensation shall be given at 30 square meters:
(a) did not enjoy the city housing reform policy or housing security policy;
(two) the expropriated person, the lessee of public housing and their spouses have no other residential houses or rented public residential houses in this city within 2 years before the announcement of the expropriation decision.
If the lessee meets the conditions mentioned in the preceding paragraph, the monetary compensation exceeding the construction area of the expropriated house shall be paid to the lessee in full by the house expropriation department.
Forty-first expropriated residential housing construction area pool coefficient is lower than the property rights exchange housing construction area pool coefficient, should be expropriated or public housing tenant to increase the construction area subsidies. In principle, the construction area subsidy shall not exceed 10% of the construction area of the expropriated house. If the houses with 9 floors and below are replaced by houses with 18 floors and above, the construction area subsidy shall not exceed 12% of the construction area of the houses to be expropriated in principle.
The specific standards for construction area subsidies shall be determined by the people's governments of all districts according to the actual situation of the project.
Forty-second expropriation of individual housing, the expropriated person and the lessee of public housing meet the housing security conditions, and the municipal and district people's governments that have made the decision on housing expropriation shall give priority to housing security.
Give difficult subsidies to families with special difficulties, such as families with minimum living security and disabled people, among the expropriated people and public housing tenants. Specific subsidy standards shall be formulated by the people's governments of all districts.
Forty-third expropriated people and public housing tenants who move out of their original residence to receive compulsory education can choose to continue to enroll in their original residence within six years at the time of expropriation, or enroll in the nearest school where the education administrative department moved into their residence.
For the expropriated person and public housing tenant who have enjoyed the minimum living guarantee, the civil affairs department of the place of emigration shall examine and approve the minimum living guarantee in accordance with the provisions with the supporting materials issued by the civil affairs department of the place of emigration; Due to the separation of people and households caused by house expropriation, those who have lived in the place of immigration for more than 1 year apply for the minimum living guarantee, and apply to the civil affairs department of the place of immigration according to regulations.
Article 44 The house expropriation department and the expropriated person and the lessee of public housing shall, in accordance with the regulations, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house with property right exchange, relocation expenses, compensation for temporary resettlement or revolving house, loss of production or business suspension, relocation period, transition mode and transition period.
After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
Forty-fifth expropriated people, public housing tenants less than 800 households, the signing period is not more than 3 months; For more than 800 households (including 800 households), the signing period shall not exceed 6 months. The signing period shall be calculated from the date when the assessment results of the expropriated houses are announced.
Article 46 If the house expropriation department fails to reach a compensation agreement with the expropriated person or public housing tenant within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the people's government that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme, and make an announcement within the scope of house expropriation.
The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 44 of these Measures.
If the expropriated person or the lessee of public housing refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 47 After the people's government that made the decision on house expropriation has compensated the expropriated person and the lessee of public housing, the expropriated person and the lessee of public housing shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision.
No unit or individual may force the expropriated person and public housing tenant to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.
Article 48 If the expropriated person or lessee of public housing fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to move within the time limit stipulated in the compensation decision, the people's government that made the decision on housing expropriation shall apply to the people's court for compulsory execution according to law.
Before applying to the people's court for compulsory execution, it shall urge the expropriated person and the lessee of public housing to perform the obligation of relocation in writing.
To apply to the people's court for compulsory execution, the relevant documents that make the compensation decision, the basic information of the respondent, the amount of compensation, the account number deposited in the special account, the location and area of the property rights exchange and the revolving house shall be submitted in accordance with the regulations.
Forty-ninth confirmation measures after the completion of the house expropriation shall be formulated separately by the municipal house expropriation department.
Fiftieth house expropriation departments shall establish compensation files for house expropriation according to law, and announce the household compensation to the expropriated person and public housing tenant within the scope of house expropriation.
Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.
Chapter IV Legal Liability
Article 51 If the staff of the municipal and district people's governments and the house expropriation departments fail to perform their duties as stipulated in the present Measures in the house expropriation and compensation work, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, their units or the competent department at a higher level shall order them to make corrections, informed criticism; If losses are caused, it shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fifty-second take violence, threats or in violation of the provisions of the interruption of water supply, heating, gas supply, power supply and road traffic and other illegal ways to force the expropriated person, public housing tenant to move, resulting in losses, should be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law; Those who violate the administration of public security shall be punished according to law.
Article 53 If the house expropriation department fails to sign a compensation agreement with the expropriated person or public housing tenant or the municipal or district people's government fails to make a compensation decision, if the expropriation implementation unit forcibly demolishes the house of the expropriated person or public housing tenant in violation of regulations and causes losses, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law.
Fifty-fourth expropriated people and public housing tenants should safeguard their legitimate rights and interests through legal channels. Take violence, threats and other methods to hinder the housing expropriation and compensation work carried out according to law, which constitutes a crime, and shall be investigated for criminal responsibility according to law; Those who violate the administration of public security shall be punished according to law.
Article 55 Whoever embezzles, misappropriates, privately divides, intercepts or defaults in collecting compensation fees shall be ordered to make corrections, recover the relevant funds, return the illegal income within a time limit, and give a warning to the relevant responsible units, informed criticism; If losses are caused, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law.
Fifty-sixth real estate appraisal institutions or real estate appraisers issued false or major errors in the assessment report, according to the provisions of the state on the management of real estate appraisal institutions and registered real estate appraisers will be punished; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 57 The term "lessee of public housing" as mentioned in these Measures refers to the lessee who establishes a lease relationship with the owner or manager of public housing and implements the standard rent stipulated by the government, except the lessee who rents public housing or low-rent housing.
Fifty-eighth individual housing, housing demolition, the relevant departments of the expropriated person, public housing tenant can be in accordance with the relevant provisions of the relevant tax relief.
Article 59 Where laws and regulations provide otherwise for the requisition of houses, military facilities, cultural relics and buildings in historical and cultural protection zones of foreign consulates. , subject to relevant regulations.
Article 60 These Measures shall be implemented as of 20 13 10 65438 10/0/day. On February 8, 2002, the Measures for the Implementation of the Management of Urban Housing Demolition in Wuhan was abolished at the same time. Before the implementation of the "Regulations on Collection", the projects that have obtained the house demolition permit according to law shall continue to be handled according to the original provisions, but the relevant departments shall not force the demolition.