Decree No.86 of Yantai Municipal People's Government
"Several Provisions on Compensation and Resettlement for House Demolition in Yantai City" has been adopted at the 5th executive meeting of the 3rd session of the municipal government on March/day of 200 1 year, and is hereby promulgated.
Mayor yang jingjing
(200 1 Mar13rd)
Article 1 In order to strengthen the management of house demolition in our city and protect the legitimate rights and interests of the parties involved in the demolition, these Provisions are formulated in accordance with the Regulations of Shandong Province on the Management of Urban House Demolition and other relevant laws and regulations, combined with the actual situation of our city.
Article 2 The real estate administrative department of the Municipal People's Government shall be in charge of the management of urban house demolition in the whole city. County (city) district housing demolition administrative departments (hereinafter referred to as the demolition department) in charge of the administrative area of housing demolition management. Article 3 These Provisions shall apply to the houses demolished due to construction in urban planning areas and their ancillary facilities; Demolition should pay the demolition management fee according to the prescribed standards.
Commissioned by the demolition, the demolition fee shall be paid to the entrusted demolition unit. Commissioned demolition fee standards shall be announced separately by the price department in conjunction with the demolition department.
The demolisher entrusts the demolishing unit to demolish the house and remove the garbage, and settle the accounts according to the actual expenses.
Article 4 Once the house demolition permit is issued, the demolition department shall announce the demolition person, demolition unit, compensation and resettlement method, demolition scope, demolition period, transition period and relocation period.
After the announcement of the demolition, the competent department of demolition, the demolished person and the relevant units shall promptly publicize and explain the work to the demolished person.
Article 5 The compensation of the demolisher to the owner of the demolished house and its ancillary facilities may be monetary compensation or house compensation. The specific compensation method shall be determined through consultation between the demolisher and the owner of the demolished house.
Article 6 Where the demolisher arranges the house for the demolished, he shall store the compensation and resettlement funds for the demolition according to the proportion of 30% of the total compensation for the demolished house; Demolition of monetary compensation for the demolition, the demolition compensation funds should be stored according to the proportion of 60% of the total compensation for the demolition of houses.
Before the announcement of the demolition, the compensation and resettlement funds for the demolition specified in the preceding paragraph shall be deposited in the bank account designated by the competent department of demolition; Without the permission of the demolition department, the bank shall not pay the demolition fee. After all the residents have moved back, they can withdraw all the principal and interest of the compensation and resettlement funds in the bank with the certificate issued by the demolition department; Or according to the progress of the resettlement housing project, the compensation and resettlement funds for demolition will be withdrawn by stages. Monetary compensation can be paid directly by the designated bank after the parties to the demolition sign a monetary compensation agreement.
Demolition compensation and resettlement funds storage units, real estate development and business units or construction units; But the implementation of housing or capital contracting, for the entrusted demolition unit.
Seventh temporary resettlement fees. The temporary resettlement fee is calculated according to the construction area of the demolished house. In-situ relocation, 60 yuan per square meter per year, less than one month, less than one month according to the full moon; Relocation, in principle, one-time resettlement, if turnover transition is needed, it will be paid twice as much as the local relocation standard. If there are provisions in the agreement, such provisions shall prevail.
Residents who provide temporary resettlement houses will not be given temporary resettlement fees. The demolished person pays the rent according to the rent standard of public houses.
Article 8 moving allowance. 200 yuan for residential households and non-residential households are calculated according to actual expenditure. In-situ or ex situ resettlement needs turnover transition, and two moving subsidies should be calculated. The relocation period for local resettlement is 30 days, and that for ex-situ resettlement is 45 days. Within the specified relocation period, the demolisher will be rewarded 100 yuan every day in advance.
Where monetary compensation is implemented, the demolisher shall pay the demolition subsidy in accordance with the provisions of one-time compensation; If the demolition is approved to pay compensation in installments, the temporary resettlement fee shall be issued in accordance with the above provisions before the compensation is paid.
Article 9 Transition period of resignation. If the resettlement house is a multi-storey house, the transition period shall not exceed 18 months, the small high-rise house shall not exceed 24 months and the high-rise house shall not exceed 36 months. If the resettlement house is a multi-storey house, the transition period shall not exceed 12 months, the small high-rise house shall not exceed 18 months, and the high-rise house shall not exceed 24 months. Regardless of local resettlement or relocation, if the above turnover transition period is exceeded, the temporary resettlement fee will be doubled from the date of exceeding.
Tenth subsidies for suspension of production and business. Due to the demolition of production and business premises caused by the suspension of production and business, the demolition according to the average monthly salary of employees in the city last year to suspend production and business subsidies (in 2000, the average monthly salary of employees in the city was 476.83 yuan).
If the owner and user of the demolished house are the same person and the house is resettled, the calculation time of the subsidy shall be from the date of signing the agreement (or the date agreed in the agreement) to the time of relocation and resettlement. Demolition of non-residential rental, pay the lessee 3 months' salary as a one-time subsidy.
The number of employees determined by individual industrial and commercial households is based on the number of employees approved by the labor department, the number of registered industrial and commercial business licenses, the number of people who pay labor insurance and the actual number of workers, and the four items are indispensable. If the four items are different, the number of people shall be determined by the least item; State-owned and collective units shall be subject to the number of registered fixed workers, contract workers and planned temporary workers approved by the labor department.
Eleventh the use of residential business, according to the residential resettlement; With the approval of the relevant departments of the city, 200- 160 yuan per square meter shall be paid as a one-time subsidy according to the location of the legal area used for actual operation.
Twelfth over-area resettlement fees. The over-area resettlement fee is paid by the user of the house (including the owner of the house) or the unit to which the house belongs at the cost price of the house, and the investor owns the property right of the investment part.
The housing cost price is the same as the monetary compensation fee. Including location land price, supporting fees, housing replacement price, etc.
Thirteenth residential housing demolition monetary compensation calculation formula.
1. Monetary compensation for private residential houses = (location land price+supporting fees+house replacement price) × construction area+ancillary facilities pricing.
2. Public housing (directly managed public housing, escrow housing and self-managed public housing) property owner's monetary compensation fee = housing replacement price × housing construction area+ancillary facilities pricing.
3 public housing tenant monetary compensation fee = (location premium+supporting fee) × leased housing construction area.
Demolition of the original purchased public residential housing, purchased at the cost of housing reform, is regarded as private housing; According to the housing reform standard price of the house, after the transition to the cost price according to the housing reform policy, the demolished person shall be treated as a private house; If the cost price is not converted, it will be treated as * * * with a room.
Fourteenth city Zhifu, Lishan housing demolition monetary compensation price standard.
Location land price: 950 yuan, 650 yuan, 500 yuan, 300 yuan, 150 yuan per square meter of each building in Zhifu District. The per square meter of Laishan Grade I to Grade V is 180 yuan, 160 yuan and 150 yuan respectively.
Supporting fee: 280 yuan per square meter of the building.
Housing replacement price: steel-concrete structure first-class 800 yuan, second-class 750 yuan; Brick-concrete structure is first-class 640 yuan, second-class 590 yuan and third-class 500 yuan; Brick and wood structure first-class 650 yuan, second-class 595 yuan, third-class 545 yuan, fourth-class 490 yuan; Simple structure 2 10 yuan.
Fifteenth demolition of non-residential housing, monetary compensation, according to the demolition of housing market evaluation price. The implementation of housing placement, according to the original construction area of the house to be demolished, a return, the over-area part of the investment according to commodity prices.
Sixteenth demolition of non residential housing, its production equipment, ancillary facilities, etc. by the demolition of their own relocation, demolition, relocation costs borne by the demolition; In case of special circumstances, it shall be determined through consultation between the demolisher and the demolished. If negotiation fails, it shall be decided by the demolition department. Article 17 The compensation standard for houses (excluding private houses) and ancillary facilities that need to be demolished in the construction of government public welfare undertakings and the compensation standard for employees' suspension of production and business are 70% of the current standard (public welfare undertakings refer to the construction of basic projects such as roads, bridges, green spaces, squares, railways, ports and docks, water, heat and electricity funded by governments at all levels and uniformly organized and implemented).
If the demolished houses are built by public welfare undertakings, and the land of the demolished houses belongs to administrative allocation, the government can make corresponding adjustment and reallocation according to the actual needs, and make new compensation for the houses and ground attachments according to the replacement price. Reward those who are not resettled or do not need resettlement, and the maximum reward fee standard shall not exceed the replacement price of the demolished house to the new standard.
Demolition of houses by public welfare undertakings shall be exempted from demolition management fees and entrusted demolition fees.
Monetary compensation can be paid in installments for public welfare house demolition, and the longest payment period shall not exceed 12 months.
Eighteenth demolition of the original heating, gas, single meter (such as new resettlement houses with a separate meter except), the demolition should be compensated in accordance with the provisions; The demolition expenses of telephone, cable TV, computer network, air conditioner and gas (electric) water heater shall be paid by the demolition person according to the regulations. When evaluating and compensating for demolition, we should consider the original floor price difference and the actual situation of house decoration.
Nineteenth houses and resettlement houses to be demolished shall be assessed by institutions with real estate assessment qualifications, and the assessment costs shall be borne by the demolition.
The evaluation of new houses shall be carried out according to the "Evaluation Standard for Completely Damaged Houses" issued by the Ministry of Construction.
Article 20. If the demolisher arranges the house for the demolished person (residence), he shall move back in situ according to the original construction area, and the part exceeding the area 15 square meter shall be invested at the cost price of the house; The excess is invested at the market price. If it is lower than the poverty alleviation standard (the urban poverty alleviation standard in 2000 was defined as per capita construction area 1.5 square meters), it will be resettled according to the poverty alleviation standard, and the investment part can be calculated according to the cost price of the house not exceeding 70% (the determination of needy households will be examined and approved by the demolition authorities).
In case of relocation, the resettlement area shall be calculated according to the following formula:
Resettlement area = compensation currency to be paid to the users of the demolished houses ÷ cost price per square meter of the houses in the resettlement area.
Settlement of floor price difference of residential resettlement houses, except for the top floor reduction of 5%, does not increase or decrease.
Twenty-first in-situ resettlement housing construction area and the original housing construction area of the same part can be based on the replacement price standard settlement structure, into a new price difference, maintain the original property rights unchanged.
Directly administered public houses, party and government organs, and fully funded institutions do not settle the structure, which becomes a new price difference.
Twenty-second residential houses provided by residents are buildings, which should be provided as a unit.
The resettlement of demolished houses shall be decided by drawing lots under the supervision of notaries. The lottery time is decided by the demolition. When the demolition organization draws lots, it should publish a newspaper announcement seven days in advance to inform the demolition, and implement it according to different room types. When the resettlement house is an elevator-free building, low-level care should be given to the disabled and the elderly with mobility difficulties.
Article 23 The user of the house to be demolished refers to the person who has a permanent residence or business license within the scope of demolition, and has a legal lease contract or house ownership certificate. People who borrow money to buy a house, live or do business without legal procedures are not legal users. Twenty-fourth demolition of illegal buildings and temporary buildings exceeding the approved period shall not be compensated; Demolition of temporary buildings that have not exceeded the approved period shall be compensated according to their service life and replacement price; Except when issuing certificates, it is definitely not compensated.
Twenty-fifth "housing demolition project entrustment agreement", "monetary compensation agreement for houses to be demolished" and "physical compensation agreement for houses to be demolished" and other normative texts are uniformly printed by the municipal demolition department. The relevant agreement signed between the demolition and the demolition shall be reported to the demolition department for the record.
Twenty-sixth temporary resettlement fees, the average monthly salary of workers in the city, location land prices, supporting fees, housing replacement prices, standards for solving difficulties, etc. , adjusted and announced by the municipal demolition department according to the adjustment opinions of the municipal government and relevant departments.
Fushan District, Muping District, Economic and Technological Development Zone, and counties (cities) shall, in accordance with these Provisions and in combination with local conditions, formulate specific measures such as temporary resettlement fees, location land prices, supporting fees, housing replacement prices, poverty alleviation standards, monetary compensation standards, etc., and implement them after being approved by the municipal demolition department.
Twenty-seventh the Yantai City Housing Authority is responsible for the interpretation of these provisions.
Article 28 These Provisions shall come into force as of the date of promulgation, and the Provisions on the Relevant Standards for Demolition and Resettlement of Urban Construction Houses in Yantai City (Decree No.35 of the municipal government) promulgated on June 3, 1992/KLOC-0 shall be abolished at the same time.