Article 1 These Regulations are formulated in order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the parties involved in demolition and ensure the smooth progress of construction projects.
Article 2 These Regulations shall apply to the house demolition on the state-owned land in the urban planning area, and it is necessary to compensate and resettle the people who have been demolished.
Article 3 Urban house demolition must conform to urban planning, which is conducive to the transformation of old areas and the improvement of ecological environment, and the protection of cultural relics and historic sites. Source of this article: Examination Network
Fourth people should be taken in accordance with the provisions of this Ordinance, the demolition of compensation and resettlement; The person to be demolished shall complete the relocation within the relocation period.
The term "demolition" as mentioned in these Regulations refers to the unit that has obtained the permit for house demolition.
The term "demolished person" as mentioned in these Regulations refers to the owner of the demolished house.
Fifth the State Council construction administrative departments to supervise and manage the national urban housing demolition work. Examination forum
The local people's governments at or above the county level shall be responsible for the management of house demolition (hereinafter referred to as the house demolition management department) to supervise and manage the urban house demolition work within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall, in accordance with the provisions of these regulations, cooperate with each other to ensure the smooth progress of the management of house demolition.
The land administrative departments of the people's governments at or above the county level shall be responsible for the land management related to urban housing demolition in accordance with the provisions of relevant laws and administrative regulations.
Chapter II Demolition Management
Article 6 The demolition shall be carried out only after the demolition permit is obtained.
Article 7 To apply for a house demolition permit, the following materials shall be submitted to the house demolition management department of the people's government of the city or county where the house is located.
The housing demolition management department of the people's government of the city or county shall conduct a review within 30 days from the date of receiving the application; Upon examination, if it meets the requirements, a house demolition permit will be issued.
Eighth housing demolition management departments in the issuance of housing demolition permits at the same time, should be specified in the housing demolition permit demolition, demolition scope, demolition period and other matters, in the form of housing demolition notice to be published.
The house demolition management department and the demolition person shall promptly publicize and explain to the demolition person.
Ninth people should be taken in the demolition permit to determine the scope and duration of the demolition, the implementation of housing demolition.
Need to extend the demolition period, the demolition should be before the expiration of the demolition period, apply to the housing demolition management department for an extension of the demolition; The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition.
Tenth people can take their own demolition, can also entrust a qualified unit to carry out the demolition.
Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
Eleventh demolition commissioned by the demolition, it shall issue a power of attorney to the entrusted demolition unit, and conclude a demolition entrustment contract. The demolisher shall, within 05 days from the date when the demolition entrustment contract is concluded, report the demolition entrustment contract to the house demolition management department for the record.
The entrusted demolition unit shall not transfer the demolition business.
Twelfth after the demolition scope is determined, the units and individuals within the scope of demolition shall not carry out the following activities:
(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 longest suspension period shall not exceed 1 year; If the demolition needs to extend the suspension period, it must be approved by the house demolition management department, and the extension of the suspension period shall not exceed 1 year.
Thirteenth demolition and demolition shall, in accordance with the provisions of this Ordinance, conclude a demolition compensation and resettlement agreement on matters such as compensation methods and compensation amount, resettlement housing area and resettlement location, relocation period, relocation transition mode and transition period.
Demolition of rental housing, the demolition should be taken with the people, housing tenants to enter into a demolition compensation and resettlement agreement.
Article 14 If the houses managed by the house demolition management department need to be demolished, the demolition compensation and resettlement agreement must be notarized by a notary office, and the evidence shall be kept.
Fifteenth 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.
Sixteenth demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the housing demolition management department ruled. Housing demolition management department is the demolition, managed by the people's government at the same level. The ruling shall be made within 30 days from the date of accepting the application.
If a party refuses to accept the award, it may bring a lawsuit to the people's court within 3 months from the date of service of the award. In accordance with the provisions of this Ordinance, if the demolisher has given monetary compensation to the demolished person or provided demolition resettlement houses or revolving houses, the execution of demolition shall not be stopped during the litigation.
Article 17 If the demolished person or lessee fails 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.
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.
Eighteenth demolition involves military facilities, churches, temples, cultural relics and houses of foreign embassies (consulates) in China, in accordance with the provisions of relevant laws and regulations.
Nineteenth has not yet completed the transfer of demolition compensation and resettlement construction projects, should be approved by the housing demolition management department, the original demolition compensation and resettlement agreement related rights and obligations will be transferred to the assignee. The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, notify the demolished person in writing and make an announcement.
Twentieth housing demolition compensation and resettlement funds should be used for housing demolition compensation and resettlement, and shall not be used for other purposes.
The house demolition management department of the local people's government at or above the county level shall strengthen supervision over the use of compensation and resettlement funds for demolition.
Twenty-first housing demolition management departments should establish and improve the demolition file management system, strengthen the management of demolition files.
Chapter III Compensation and Resettlement for Demolition
Twenty-second people should be taken in accordance with the provisions of this Ordinance, the demolition of compensation.
Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; The demolition of temporary buildings that have not exceeded the approved period shall be given appropriate compensation.
Twenty-third demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange.
In addition to the provisions of the second paragraph of article twenty-fifth and the second paragraph of article twenty-seventh, the person who is taken can choose the compensation method for demolition.
Twenty-fourth the amount of monetary compensation, according to the location, use, construction area and other factors of the house to be demolished, to determine the real estate market evaluation price. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Twenty-fifth the implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of Article 24 of these regulations, calculate the amount of compensation for the demolition of housing and the price of housing exchange, and settle the price difference of property rights exchange.
Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition.
Twenty-sixth demolition of public housing, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation.
Twenty-seventh demolition of rental housing, the demolition of housing tenant to terminate the lease relationship, or the demolition of housing tenant resettlement, the demolition of compensation for the demolition.
If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person. If the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee.
Twenty-eighth people should be taken to provide houses that meet the national quality and safety standards.
Twenty-ninth demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the housing demolition management department for examination and approval before the implementation of demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Thirtieth demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees.
Thirty-first people should be taken to the demolition or housing tenant to pay relocation subsidies.
During the transition period, if the demolished person or lessee arranges his own residence, the demolished person shall pay the temporary resettlement subsidy; If the demolished person or lessee uses the revolving house provided by the demolished person, the demolished person shall not pay the temporary resettlement subsidy.
The standards for relocation subsidies and temporary resettlement subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Thirty-second demolition shall not extend the transition period without authorization, and the users of the swing space shall vacate the swing space on time.
If the transition period is extended due to the responsibility of the demolisher, the temporary resettlement subsidy will be increased from the month overdue for the demolisher or the lessee who arranges his own residence; The user of the revolving house shall pay the temporary resettlement subsidy from the overdue month.
Thirty-third due to the demolition of non residential houses caused by the suspension of production and business, the demolition should give appropriate compensation.
Chapter IV Punishment
Thirty-fourth in violation of the provisions of this Ordinance, without obtaining a permit for house demolition, the house demolition management department shall order it to stop the demolition, give it a warning and impose a fine of more than 20 yuan and less than 50 yuan per square meter of demolition construction area.
Thirty-fifth demolition in violation of the provisions of this Ordinance, to obtain a permit for house demolition by deception, the house demolition management department shall revoke the permit for house demolition, and impose a fine of more than 0% and less than 3% of the compensation and resettlement funds.
Thirty-sixth demolition in violation of the provisions of this Ordinance, one of the following acts, the house demolition management department shall order it to stop the demolition, give a warning, and may impose a fine of less than 3% of the demolition compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked:
(a) the implementation of house demolition is not in accordance with the scope of demolition determined by the house demolition permit;
(two) entrust a unit that does not have the qualification for demolition to carry out demolition;
(three) to extend the demolition period without authorization.
Thirty-seventh commissioned units in violation of the provisions of this Ordinance, the transfer of demolition business, the housing demolition management department shall order it to make corrections, confiscate the illegal income, and impose a fine of more than 25% and less than 50% of the demolition service fee agreed in the contract.
Article 38 If the house demolition management department of the local people's government at or above the county level issues the house demolition permit and other approval documents in violation of the provisions of these Regulations, fails to perform the duties of supervision and management after issuing the house demolition permit and other approval documents, or fails to investigate and deal with illegal acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the circumstances are serious, causing heavy losses to public property, the interests of the state and the people, which constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Thirty-ninth in the urban planning area of foreign land demolition, and the need for compensation and resettlement, with reference to these regulations.
Article 40 These Regulations shall come into force as of 200111. 1991On March 22nd, the Regulations on the Administration of Urban House Demolition issued by the State Council was abolished at the same time. Part of the owner, or a person who legally occupies and uses the exclusive part based on civil legal acts aimed at transferring ownership, such as buying, selling and giving. If the ownership is not registered according to law, it shall be recognized as the owner referred to in Chapter VI of the Property Law.
Article 2 A specific space in a house or building that is independent in structure and use and can be registered as the subject of the ownership of a single owner shall be recognized as an exclusive part as mentioned in Chapter VI of the Property Law.
The right to use the land for construction, the parts of buildings other than proprietary parts, other public places and public facilities other than buildings within the building division shall be recognized as a part of the * * * mentioned in Chapter VI of the Property Law.
The building parts other than the exclusive parts mentioned in the preceding paragraph include property service rooms, external walls, roof platforms, halls, stairs, corridors, etc. , must be owned by the owner, except that according to the planning documents, the rooftop platform is exclusive to a single owner.
Article 3 The part of the green space in a building division that belongs exclusively to individuals according to the planning documents shall be deemed as "clearly belonging to individuals" as mentioned in Article 73 of the Property Law.
In addition to roads and green spaces, public gymnasiums, squares, gardens and other places that have been registered as shared by all owners or should be used by owners according to their functions shall be recognized as "other public places within the building area shared by owners" as mentioned in Article 73 of the Property Law.
In the building zoning, it has been registered as supporting facilities owned by all owners or unregistered facilities built or buried to ensure the owners to exercise the ownership of the building, including walls, gates, carports, public fitness facilities, etc.
And so on, as well as public lighting, security, power supply, water supply, heat supply, gas supply, cable TV facilities, should be identified as "public facilities" as mentioned in Article 73 of the Property Law and owned by the owner. However, according to the provisions of laws and administrative regulations
Except those owned by other obligees.
Article 4 The construction unit fails to ensure that each owner meets the provisions on the proportion of parking spaces and garages in the planning documents within four years after going through the check-in formalities.
Obtaining or using parking spaces and garages planned for parking cars within the construction area by means of purchase or lease, and disposing of them to people other than the owner by means of sale, gift or lease.
When it is found to be in violation of the provisions of the first paragraph of Article 74 of the Property Law that "the needs of the owners should be met first".
Article 5 The construction unit, in violation of the first paragraph of Article 74 of the Property Law, disposes of the parking spaces and garages planned for parking cars within the building division to people other than the owners by buying, selling, donating or leasing, and the owners request to confirm that this behavior is invalid, which shall be supported.
The construction unit shall bear the burden of proof that does not violate the provisions of the first paragraph of Article 74 of the Property Law.
Article 6 Any change in the use of public buildings, public facilities, roads and green spaces jointly owned by the owners within the building division according to the plan shall be deemed as "other major matters involving the management rights of * * * and * * *" as stipulated in Item (7) of Paragraph 1 of Article 76 of the Property Law.
Article 7 The area and number of people specified in Chapter VI of the Property Law shall be determined in the following ways:
(1) The exclusive part is calculated according to the construction area.
(2) The total construction area is calculated according to the exclusive part of the total construction area recorded in the real estate register.
(three) the total number of people, according to the exclusive part of the number of people.
Article 8 An owner who changes his residence into business premises such as commercial premises and office premises, which causes or may directly damage his normal residence and living environment, shall be recognized as an "interested party" as mentioned in Article 77 of the Property Law.
Ninth owners without the consent of interested owners, change the house to business premises, interested owners request to remove obstacles or restore the original state, should be supported. If damage is caused, it shall be liable for compensation.
Other acts of the owner in violation of exclusive use shall be handled with reference to the provisions of the preceding paragraph.
Article 10 The business activities of owners or users of commercial buildings within a building division seriously affect the normal residence of other owners and the safety or tranquility of their living environment. If the damaged owner asks to remove obstacles, he should support them. If damage is caused, it shall be liable for compensation.
Eleventh owners whose legitimate rights and interests have been infringed shall be supported if they exercise the cancellation right stipulated in the second paragraph of Article 78 of the Property Law within one year from the date when they know or should know that the owners' meeting and the owners' committee have made a decision.
The decision made by the owners' congress or the owners' committee violates the procedures prescribed by law or exceeds its authority, and the owners request to cancel it, which shall be supported. The exercise of the right of revocation shall be handled with reference to the provisions of the preceding paragraph.
Twelfth of the maintenance fund raising and use, the owners request to publish or consult, should be supported.
Article 13 If the owner's rights and interests are infringed, hindered or may be hindered, the plaintiff's qualification as a litigation subject shall be determined in the following ways:
(a) the owners' committee has been elected, that is, the owners' committee;
(two) the owners' committee is not elected, or the owners' committee is slow to exercise its rights.
An effective judgment on the equal rights and interests of the owners is binding on all owners. Its litigation interests belong to all.
Fourteenth construction units, property services companies, owners' committees, owners, etc. Unauthorized occupation of the green space, roads, other public places, public facilities and property services shared by the owners within the building division, or change of its use function, and the parties concerned request to remove obstacles, restore the original state or compensate for losses, they shall support it.
The construction unit, the realty service enterprise, the owners' committee and the owners shall bear the burden of proof on the source of their rights.
Fifteenth construction units, property service enterprises, etc. The use of some owners in the building division to engage in profit-making activities, the parties request to return the income after deducting the corresponding costs, should be supported.
Article 16 If the owner violates laws, regulations or management regulations and commits any of the following acts that damage the rights and interests of the owner or the legitimate rights and interests of others, if the parties request to remove the obstruction, eliminate the danger, restore the original state or compensate for the losses, they shall be supported:
(a) endangering the safety of buildings;
(two) hinder the normal use of buildings;
(three) damage to the appearance of the building;
(four) in violation of the relevant provisions of the house decoration;
(5) Dumping garbage or discharging pollutants or noise at will;
(six) illegal construction, occupying passages and other parts of the building;
(seven) refusing to pay the property fee;
(8) Feeding animals in violation of regulations;
Seventeenth owners or property services companies, etc. , because of the maintenance or repair of proprietary parts or * * * used parts, request the neighboring owners to provide necessary convenience for their proprietary parts, which should be supported. If the owner who provides convenience requests restitution, it shall be supported. If damage is caused, it shall be liable for compensation.
Article 18 This Interpretation shall come into force as of the date of implementation. This interpretation shall apply to cases of first instance accepted after implementation.
The Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes
(Draft for Comment)
In order to correctly hear cases of property service disputes and protect the legitimate rights and interests of the parties in accordance with the law, this interpretation is formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and other legal provisions, combined with civil trial practice.
Article 1 If a realty service enterprise fails to perform its maintenance, conservation, management and maintenance obligations as agreed in the realty service contract, or fails to perform its obligations as agreed in the realty service contract, the owners' committee or the owners request the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, it shall be supported.
Article 2 The realty service enterprise refuses or delays the performance of the maintenance, maintenance and repair obligations stipulated in the realty service contract within a reasonable period of time, or fails to reach a realty service contract after repeated maintenance, maintenance and repair.
If the owners' committee or the owners themselves or entrust others to repair, maintain and repair the exclusive part of the owners or part of the common part of the owners, and require the property service enterprises to bear the relevant expenses, they shall support the agreed standards.
The exclusive part, * * part and related expenses mentioned in the preceding paragraph are limited to the scope agreed in the property service contract.
Article 3 If the owners' committee or the owners have any behavior that hinders the buildings and their ancillary facilities in the service management building division of the realty service enterprise and the owner's living order, and demand to remove the obstruction, eliminate the danger, restore to the original state or compensate for the losses, the realty service enterprise shall support it.
Article 4 If a realty service enterprise, in violation of regulations, arbitrarily expands the charging scope, raises the charging standard, charges repeatedly, or improperly collects extra fees such as handling fees and reserve funds, the owners' committee or the owners shall support it.
Article 5 The owners' committee or the realty service enterprise requires the owners to fulfill the obligation of paying the realty fee, and if the owners give up their rights, they will not be supported.
All owners agree to raise funds for the maintenance of buildings and their ancillary facilities in accordance with Article 76 of the Property Law. If the owner waives the right of * * * as a defense, it will not be supported.
Article 6 After the expiration of the realty service contract, the realty service enterprise shall continue to provide realty service and management. If the other party does not raise any objection, the original property service contract will continue to be valid, and the term of property service is uncertain. If one party requests to terminate the realty service contract, it shall notify the other party three months in advance.
Article 7 After the expiration, termination or rescission of the realty service contract, if the owners' committee or owners' assembly requests the realty service enterprise to withdraw from the realty service area and hand over the relevant materials and expenses necessary for the realty service room and realty management service, it shall support it.
Article 8 If a realty service enterprise fails to fulfill its security obligations within a reasonable range, causing personal injury in the realty service area, and the obligee requests it to bear corresponding compensation liabilities, it shall be supported.
If damage is caused by the infringement of a third party, it shall be handled with reference to the provisions of the second paragraph of Article 6 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
Article 9 If a vehicle is lost or damaged in the realty service area and the owner requests the realty service enterprise to bear the liability for compensation, it shall determine whether the realty service enterprise shall bear the liability for compensation according to the degree of fault, fees and other factors.
Scope of responsibility and liability. If the owner is at fault for the loss or damage of the vehicle, the liability for compensation of the realty service enterprise shall be reduced or exempted according to the degree of fault.
If the property service contract contains the contents of vehicle custody service or the parties sign a vehicle custody service agreement separately, it shall be handled in accordance with the relevant contract or agreement.
This paper introduces the contents of the Regulations on the Management of Urban House Demolition. Welcome to Zhong Da for more information.
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