Due to the construction needs of the first phase (shipping village) of Erliqiao area project, it is planned to levy houses within the scope. According to the Regulations on Expropriation and Compensation of Houses on State-owned Land (Order No.590 of the State Council), Regulations on Expropriation and Compensation of Houses on State-owned Land in Zhejiang Province (Announcement No.1 of the Standing Committee of the Provincial People's Congress 14) and Measures for Expropriation and Compensation of Houses on State-owned Land in Huzhou City (No.8 of Hu Di/KLOC-0), the Erliqiao Area Project (Shipping Village) I is now.
If you have any comments on the compensation scheme, please put them in writing within the time limit for soliciting opinions, and please indicate your identity and contact information.
Tel: 0572-2056671;
Fax number: 0572-2598115;
E-mail: huzzsb @163.com;
Mailing address: Property Collection Center, Building 2, Lianhuazhuang Road 137, Huzhou City;
On-site office address: the on-site office of house expropriation in Erliqiao District, Erliqiao Road 18.
Attachment 1:
Compensation Scheme for House Expropriation in Phase I (Shipping Village) of Erliqiao Area Project (Draft for Comment)
In order to protect the legitimate rights and interests of the parties involved in the first phase project of Erliqiao Area (Shipping Village) in accordance with the law and promote the smooth implementation of the house expropriation and compensation work, this house expropriation and compensation scheme is formulated in accordance with the policies and regulations of the state, province and city on state-owned land and the actual situation of the project.
I. Purpose of collection
In order to improve the living environment of residents in the old city and enhance the city's taste, the Municipal People's Government plans to implement the first phase project of Erliqiao Area (Shipping Village). This project is an old city reconstruction project, which has been included in the annual plan of national economic and social development and is in line with the public interest.
Second, the basis for collecting compensation
Regulations on Expropriation and Compensation of Houses on State-owned Land (Order No.590 of the State Council), Measures for Expropriation and Evaluation of Houses on State-owned Land (Zhejiang Jian [2011] No.77), Regulations on Expropriation and Compensation of Houses on State-owned Land in Zhejiang Province (Announcement No.1 14 of the Standing Committee of the Provincial People's Congress), Measures for Expropriation and Compensation of Houses on State-owned Land in Huzhou City (No.65438+,Interim Provisions on Housing Subsidies for Families with Special Living Difficulties on State-owned Land in Huzhou City (No.54 [20 13]), Interim Measures for Handling Unregistered Buildings within the Scope of House Expropriation on State-owned Land in Huzhou City (No.57 [2065438+03]).
Third, the main body of housing expropriation
Subject of expropriation: Huzhou Municipal People's Government.
Collection department: Huzhou Housing and Urban-Rural Development Bureau
Implementation unit of expropriation: Huzhou Housing Expropriation Compensation Management Center
Four, the scope of housing expropriation and the basic situation of the house to be expropriated
Scope of house expropriation: East to Shipbuilding Industry Corporation, west to Oriental Pearl, south to Qiantang and north to Erliqiao Road. For details, please refer to the proposed scope map (Annex 2) of the first phase of Erliqiao Area Project (Shipping Village 1). This area belongs to the secondary section of the city.
After investigation, there are 337 households in the above range, including 335 residents and 2 non-residents The construction area involved is about 18950m2, and the unregistered building is about 1000m2.
Verb (abbreviation of verb) the implementation of funds and housing
According to the relevant policies and regulations, 367 million yuan has been allocated to resettle 1 17 sets of residential houses.
The basis of the nature, use and area of the house.
The nature, use and area of the expropriated houses and resettlement houses shall be subject to the records of the house ownership certificate or other legal property rights certificates; The area is calculated according to the construction area, regardless of the number of houses to be expropriated, registered accounts and other factors.
If the registration area of the ownership certificate of the upper and lower floors of the same building and the same apartment is different due to the different calculation rules of the old and new areas, it shall be calculated according to the maximum area.
Seven, compensation methods.
There are two ways of compensation for house expropriation: monetary compensation and property right exchange, and the expropriated person can choose one of them.
Monetary compensation refers to the monetary compensation for the expropriated person at the option of the expropriated person, and the expropriation department takes the appraised price of the expropriated house market as the standard.
The way of property right exchange refers to the way that the collection department provides resettlement houses and houses to be expropriated for exchange under the choice of the expropriated person, and calculates the price and then settles the difference.
Eight, residential housing compensation scheme
(1) Compensation for the value of expropriated houses and attachments to real estate
The 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, and the specific value shall be assessed and determined by the legally determined real estate price assessment agency (hereinafter referred to as the "assessment agency") in accordance with the Measures for the Assessment of House Expropriation on State-owned Land and relevant regulations.
The values of the interior decoration and other immovable appendages of the expropriated house are respectively assessed and determined, and it is indicated in the assessment report that compensation shall be given according to the assessed value when the house is expropriated.
(2) Relocation compensation
200 yuan/㎡ will be compensated at one time according to the construction area of the expropriated house, and if each household is less than1.2000 yuan, it will be calculated as1.2000 yuan.
(3) compensation for temporary resettlement
1. According to the construction area of the expropriated house, 35 yuan/㎡? Monthly calculation (no less than 2,000 yuan per household per month).
2. If the expropriated person chooses monetary compensation, he shall pay the temporary resettlement compensation fee for 6 months in one lump sum; If the property right exchange is implemented and the transition is resolved by itself, the temporary resettlement compensation fee shall be paid to the expropriated person within 6 months from the month of relocation to the date of delivery of the resettlement house.
(D) the choice of monetary resettlement subsidies
20% of the assessed value of the expropriated house shall be subsidized. If the expropriated person purchases a newly-built commercial house or a second-hand house within the urban area within 12 months from the expiration of the signing period specified in this project (and the agreement comes into effect), the newly-built commercial house will be given a monetary subsidy of 10% of the assessed value of the expropriated house on the basis of the commercial house sales contract filed by the housing management department and promised not to return the house, and the second-hand house will be transferred to the expropriated person's name.
(five) the choice of property rights exchange and resettlement subsidies
1. 30% of the assessed value of the expropriated house shall be subsidized.
2. Where the expropriated person chooses to exchange property rights, the expropriation department shall provide the resettlement house with a construction area not less than the construction area of the expropriated house and the expropriated person to exchange property rights (except that the expropriated person voluntarily chooses to be less than the construction area of the expropriated house), and calculate and settle the price difference between the expropriated house and the resettlement house.
(6) Housing placement
(1) Value of resettlement houses: The evaluation institutions that evaluate the value of expropriated houses shall adopt the same evaluation methods and standards at the same evaluation time.
(2) When signing the house expropriation compensation agreement, the residential area and apartment type where the residential resettlement house is located shall be selected and determined by the expropriated person according to the house selection regulations of this project (the house selection regulations and the value of the resettlement house shall be announced at the same time). The specific building number and room number of the resettlement house shall be determined by the expropriated person according to the time and place specified in the announcement of Mo Qian, in the same community and the same type of resettlement house provided by the expropriation department.
(seven) sign the relocation award on time.
If the contract is signed on time, it will be rewarded according to 8% of the assessed value of the house to be expropriated; if the contract is signed after the deadline, it will not be rewarded; Those who move on time will be rewarded according to 4% of the assessed value of the expropriated house, and those who move beyond the time limit will not be rewarded.
(eight) compensation for the change of housing use
If the expropriated house has changed its use before the implementation of "People's Republic of China (PRC) Urban Planning Law" in April 1990, and the changed use continues to be used until the announcement of the house expropriation decision, the changed use part of the house may be identified according to the change of use upon the application of the house owner, and compensation shall be paid according to 90% of the assessed value. If the application is recognized as commercial use, a legal and valid business license shall be provided, indicating the business address of the house and the tax payment certificate of the previous year.
1990 After the implementation of the Urban Planning Law of People's Republic of China (PRC), if the expropriated house changes its use without the consent of the planning and the competent department of land and resources, it will be compensated according to the original use of the house. However, before the implementation of the Regulations on Urban and Rural Planning of Zhejiang Province on 20 10/0/0, 65438, if it has changed its use to engage in commercial activities and continues to be used until the date of the announcement of the house expropriation decision, and provides the legal and valid business license of the house and the business address of the previous year's tax payment certificate, it can give economic subsidies according to the actual business area and years. If it has been in operation for one year, it will be subsidized according to the difference between 85% of the unit price for commercial use and 15% of the unit price for archival use, and the difference ratio will be increased by 4% for each full year of operation, but the accumulated difference shall not exceed 100%.
(nine) compensation for losses caused by the change of housing use of residential houses.
10, 1, 2065438 Before the implementation of the Regulations on Urban and Rural Planning in Zhejiang Province in June, the expropriated residential house was not planned, and the competent department of land and resources agreed to change the use of the house to engage in production and business activities. However, if the producers and operators fulfill their tax obligations according to law and the houses are expropriated, they shall be compensated for stopping production or business according to 3% of the assessed value of the expropriated houses.
After the implementation of Zhejiang Urban and Rural Planning Regulations 10/0, 1 2065438, if the expropriated residential houses engage in production and business activities without planning and with the consent of the competent department of land and resources, no compensation will be given.
(ten) compensation for state-owned public houses and escrow houses.
In accordance with the relevant provisions on the expropriation of houses on state-owned land in Huzhou.
(eleven) the security of house expropriation in the process of expropriation.
1. The building area of the expropriated individual residential house is less than 56㎡, and the expropriated person has obtained the Huzhou urban household registration for five years (the soldiers, dependents and domestic full-time students who have moved out of the household registration can be counted continuously). The house expropriation department shall provide a set of residential houses with a building area of not less than 56㎡ (the difference between the normal areas is more than 56㎡ due to the design and construction of Xing Tao, the same below) as the property right exchange house.
If the expropriated house is the only house of the expropriated family (including spouse and minor children, the same below) in the urban area, the part of the property right exchange area with the expropriated house area of 56㎡ shall be settled according to the replacement price of the property right exchange house combined with the grade and the new settlement, and the rest shall be settled in accordance with the relevant provisions. If the family of the expropriated person holds the Huzhou Minimum Living Security Assistance Certificate issued and registered by the competent civil affairs department or the Huzhou Low-income Workers' Preferential Card (A certificate) issued and registered by the Federation of Trade Unions, and the assessed value of the expropriated house is lower than that of the property exchange house (56m2 Xing Tao, including the bicycle garage price), the expropriated person will not pay the price difference of the property exchange.
Although the expropriated family has another house in the urban area, but has not enjoyed the housing reform, housing expropriation (demolition) security, affordable housing, public rental housing, land donation and other security except the expropriated house, the part of the property exchange area with an area of 56㎡ of the expropriated house area shall be settled according to 150% of the replacement price of the property exchange house, and the rest shall be settled according to relevant regulations.
2. If the houses of the expropriated person within the scope of expropriation are not recognized as legal buildings, there are no other houses in the urban area, and they have not enjoyed the protection of housing reform, house expropriation (demolition), affordable housing, renting public houses and allocating land for building. For families who have actually lived in the residence for 5 years, the house expropriation department shall provide complete sets of residential houses with a construction area of not less than 56㎡ as property rights exchange houses. According to the property rights exchange, the replacement price of the house is settled in a new way in combination with the grade, and the rest is settled in accordance with relevant regulations.
3. If the family of the expropriated person chooses monetary compensation, they can apply for housing expropriation security in monetary form. The house expropriation department shall, according to the difference between the average normal settlement unit price and the average replacement price of the residential property right exchange house determined by the expropriation compensation scheme, give monetary subsidies in combination with the expropriation guarantee area enjoyed by the family, and the rest shall be settled in accordance with relevant regulations.
(12) families with particularly difficult life
For families with special living difficulties identified through examination, the confirmation letter of subsidies for families with special living difficulties shall be signed with the subdistrict office where the house is expropriated, and the subdistrict office shall pay the subsidies in full according to the identified amount within 5 working days from the date when the house is handed over and vacated on time.
Nine, non residential housing compensation scheme
Non-residential housing compensation in principle monetary compensation, such as the expropriation of people really need to implement property rights exchange according to the actual situation in accordance with the relevant provisions of the resettlement.
(1) Compensation for the value of expropriated houses and attachments to real estate
The 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, and the specific value shall be assessed and determined by the legally determined assessment agency in accordance with the Measures for the Assessment of House Expropriation on State-owned Land and relevant regulations.
The values of the interior decoration and other immovable appendages of the expropriated house are respectively assessed and determined, and it is indicated in the assessment report that compensation shall be given according to the assessed value when the house is expropriated.
(2) Relocation compensation
According to the building area of the expropriated house, one-time compensation will be made in a progressive way: 80 yuan /m2 within 200m2, and the part less than 10000 yuan per household will be calculated and paid as 10000 yuan; Part of 60 yuan /m2 exceeding 200m2.
(3) compensation for temporary resettlement
The monthly compensation for temporary resettlement is determined at 6‰ of the assessed value of the expropriated house. If the monthly compensation for temporary resettlement is less than 1 000 yuan, it will be calculated at 1 000 yuan, and it will be paid in one lump sum for 6 months.
(D) the choice of monetary resettlement subsidies
25% of the assessed value of the expropriated house shall be subsidized.
(5) Sign the relocation award on time.
If the contract is signed on time, it will be rewarded according to 5% of the assessed value of the expropriated house, and it will not be rewarded if the contract is signed after the deadline; Those who move on time will be rewarded according to 3% of the assessed value of the expropriated house, and those who move beyond the time limit will not be rewarded.
(six) compensation for the loss of non-residential houses.
The loss of production and business suspension refers to the direct economic loss caused by the expropriation of non-residential houses, and the one-time compensation is given to the expropriated person. The standard of compensation is 7% of the house value.
X. unregistered buildings
Unregistered buildings shall be subject to the investigation results of relevant departments. If they are found to be legal, they shall be compensated according to 90% of the assessed value of the houses. If it is found illegal, it will not be compensated. If the expropriated person vacates and hands it over on his own within the prescribed time limit, he will be rewarded according to the new 150% of the replacement price of the building.
XI。 Collection and evaluation
(1) evaluation agency
The house expropriation department shall, within 3 days from the date of the announcement of the house expropriation decision, publish the list of candidate evaluation institutions within the scope of house expropriation.
The expropriated person shall negotiate and select an evaluation agency within 10 days from the date of the announcement of the house expropriation decision. If the negotiation fails, the house expropriation department shall organize the expropriated person to vote for the evaluation institution.
If the expropriated person votes to choose an assessment institution, the assessment institution shall be determined as the majority opinion after more than 50% of the expropriated person votes.
When the expropriated person does not form a majority opinion, and there are not less than three assessment agencies that have obtained valid votes, the house expropriation department will organize the expropriated person to choose from the valid votes by drawing lots and other random methods; When there are less than three assessment agencies that have obtained valid votes, the house expropriation department will organize the expropriated person to be selected by random means such as lottery or lottery from the published candidate assessment agencies. Randomly selected assessment agencies shall be notarized by the notary office on the spot, and the house expropriation department shall announce the time and place of random selection within the scope of house expropriation 3 days in advance.
(2) Housing evaluation
The value of the expropriated house refers to the amount of the land use right of the expropriated house and its occupied area voluntarily traded by the two parties familiar with the situation in a fair way at the time of evaluation, but the influence of factors such as lease, mortgage and seizure of the expropriated house is not considered.
The evaluation of the value of the expropriated house should consider the location, use, building structure, old and new degree, building area, land use right and other factors that affect its value. The appraisal time of the house to be expropriated is the date of the announcement of the house expropriation decision. The evaluation time of resettlement housing is consistent with the evaluation time of expropriated housing.
The expropriated person shall assist the appraisers to conduct on-the-spot investigation on the expropriated house, and provide or assist in providing necessary information and materials for the value evaluation of the expropriated house.
(iii) Evaluation results
The house expropriation department shall publicize the preliminary assessment results of households within the scope of house expropriation for 7 days. During the publicity period, the assessment institution shall arrange the assessment personnel to explain the preliminary household assessment results on the spot and receive consultation. If there is any mistake, the assessment institution shall correct it.
After the publicity of the preliminary assessment results of households expires, the house expropriation department shall hand over the household assessment report to the expropriated person. If the expropriated person disagrees with the evaluation results, he shall apply to the original evaluation agency for review and evaluation within 10 days from the date of receiving the evaluation report. If there is any objection to the evaluation results, it shall apply to the bid evaluation expert committee for appraisal within 10 days from the date of receiving the evaluation results. If the expropriated person still has any objection to the compensation, it shall be handled in accordance with the provisions of Article 26 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.
The expenses for reviewing the appraisal shall be borne by the applicant, but if the appraisal cancels the original appraisal result, the appraisal expenses shall be borne by the original appraisal institution.
Twelve. Relief mode
If the house expropriation department and the expropriated person fail to reach an agreement on the compensation for house expropriation within the signing period, or the owner of the expropriated house is unclear, the house expropriation department shall propose a compensation decision plan to the Municipal People's Government. The Municipal People's Government shall review the compensation decision scheme and deliver the compensation decision scheme to the expropriated person. The expropriated person shall put forward opinions and choose the compensation method within 15 days from the date when the compensation decision scheme is delivered. If the compensation method is not selected within the time limit, the compensation method shall be determined by the compensation decision. In the transformation of the old city, the individual residence is levied, and the compensation method is determined as property right exchange, and the resettlement house is the nearest lot.
The compensation decision shall be announced within the scope of house expropriation. If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law. If the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the Municipal People's Government shall apply to the people's court for compulsory execution according to law.
Thirteen. Sign the relocation period
Signing period: The signing period of this project is 30 days, and the specific starting and ending date is expected to be announced by the house expropriation department after the expropriation decision is issued.
Relocation period: the relocation period of this project is 60 days after the expiration of the contract, and the specific starting and ending dates will be announced separately by the house expropriation department.
Fourteen, the overall project signing proportion award
If the contract is completed within the prescribed signing period, the expropriated person who signed the contract can enjoy it and be rewarded in a progressive way. The specific reward criteria are as follows:
1, residential house
Individual housing is divided into four promotion groups to set up the overall project signing proportion award, specifically (according to the serial number announced by the registered housing): promote buildings 2, 4, 5, 22 and 23 in one group, with 84 households; Push 1, 3, 2 1 two batches of buildings ***77 households; Promote three groups of 7 and 8 buildings ***72 households; Promote four groups of 9, 10, 1 1 building *** 102 households.
Within the prescribed signing period, if the signing ratio of the above promotion groups reaches 90%, the signing households will be rewarded with 2000 yuan; If the signing rate reaches 92.5%, each signing household will be rewarded with 4,000 yuan; If the signing ratio reaches 95%, the signing households will be rewarded with 6000 yuan; If the signing ratio reaches 97.5%, the signing expropriated person will be rewarded with 8000 yuan; If the signing ratio reaches 100%, the signed expropriated person will be rewarded with 10000 yuan.
2. Non-residential houses
Within the specified contract signing period, if the overall contract signing ratio of the project reaches 90%, 50,000 yuan will be awarded to each signing household; if the contract signing ratio reaches 100%, 50,000 yuan will be awarded to each signing household.
Fifteen, the conditions for the entry into force of the house expropriation compensation agreement
Within the signing period specified in this plan, if the signing ratio reaches 80%, the house expropriation compensation agreement will come into effect; If the signing ratio does not reach 80%, the house expropriation compensation agreement will not take effect, and the effectiveness of the house expropriation decision will be terminated. The Municipal People's Government will make an announcement and inform the expropriated person in writing.
If the effectiveness of the house expropriation decision is terminated, the signed expropriated person will be given a one-time subsidy of 6,000 yuan per household, and other related matters will be terminated at the same time.
Sixteen. describe
(1) In this scheme, when the amount of compensation, reward and subsidy is calculated according to the proportion of the assessed value of the expropriated house, the assessed value of the expropriated house does not include the assessed value of immovable accessories such as interior decoration.
(two) the nearest lot refers to the lot that is not more than one level different from the level of the lot where the house is located in the urban benchmark land price announced by the Municipal People's Government.
(3) The number of people to be expropriated and the signing ratio referred to in this scheme are calculated by households.
(4) The house expropriation of this project is subject to "expropriation according to law and sunshine compensation". Basic information, evaluation results (including decoration) and compensation results (including signing of compensation agreement, use of resettlement houses, payment of compensation funds, etc.) The publicity of all houses to be expropriated within the scope of house expropriation shall be publicized through posting within the scope of house expropriation, on-site electronic system public inquiry, etc., and shall be subject to the supervision of the expropriated person and all sectors of society, so as to be open, fair and just.
Seventeen. others
(a) the expropriation of houses with mortgage or judicial measures shall be implemented in accordance with the relevant laws of the state.
(2) Household water, electricity and gas meters, etc. Unified demolition by the relevant departments, the head of household in 7 working days to the relevant departments for settlement and cancellation procedures.
(three) due to the house expropriation, the parties need to handle notarization matters such as entrustment and inheritance, and handle them centrally at the project site, and the specific time will be notified separately. During the centralized handling period, the relevant notarization fees incurred shall be borne by the collection department.
(four) students in the compulsory education stage within the scope of housing expropriation can attend the original school or the resettlement school, and the school shall not refuse their admission or charge other fees.
(5) If the house is expropriated according to law, the right to use the state-owned land shall be recovered at the same time.
(six) if there is any change in the contact information of the expropriated person or his client, please inform him in time and contact telephone number:
Field Office: Advance Team 1: 2093 195(2, 4, 5, 22, 23, Land Reserve Center)
Push group 2: 2093559( 1, 3,21)
Push three groups: 2093882(7 buildings, 8 buildings)
Forward four groups: 2093011(building 9, 10, 10, 18).
Supervision Section of Collection Center: 205667 1
(7) Need to know the procedures for collecting compensation.
Individual house owner: the property right certificate, ownership certificate and other legal property rights certificates of the expropriated house, ID card, household registration book, marriage certificate (divorce certificate) and notarized certification materials.
Owner of the unit house: the property right certificate and other legal property rights certificates of the expropriated house, the original and photocopy of the business license, the original and photocopy of the code certificate of the legal person organization, the original and photocopy of the tax registration certificate, the identity certificate of the legal representative, the power of attorney, the client's ID card, etc.
18. Huzhou Housing and Urban-Rural Development Bureau is responsible for the interpretation of this scheme, and matters not covered shall be implemented in accordance with relevant laws and regulations.
Attachment 2:
The proposed requisition scope of the first phase of Erliqiao area project (Shipping Village 1)
Source: Huzhou City Online