Chapter II Demolition Management
Chapter III Compensation and Resettlement for Demolition
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Through discussion at the second meeting of the Standing Committee of the Fifth Tieling Municipal People's Congress on March 5, 2004, it is hereby promulgated and shall come into force as of June 1 2004.
April 30(th), 2004
Chapter I General Provisions
Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the demolition parties and ensure the smooth progress of construction projects, these measures are formulated in accordance with the Regulations of the State Council Municipality on the Administration of Urban House Demolition and the Measures of Liaoning Province on the Administration of Urban House Demolition, combined with the actual situation of our city.
Article 2 These Measures shall apply to the implementation of house demolition on the state-owned land in the urban planning area of our city and the need for compensation and resettlement for the demolished people.
Article 3 The term "demolisher" as mentioned in these Measures refers to the unit that has obtained the house demolition permit.
The term "demolition" as mentioned in these Measures refers to the owner of the house to be demolished.
The term "lessee" as mentioned in these Measures refers to the units and individuals that have a legal lease relationship with the owner of the house.
Article 4 Tieling Urban and Rural Planning and Construction Committee is the city's urban house demolition management department (hereinafter referred to as the house demolition management department), which supervises and manages the city's urban house demolition work, and entrusts its subordinate house demolition management office to undertake specific work.
Counties (cities), Qinghe District People's government is responsible for the work of house demolition, supervision and management of urban house demolition work within their respective administrative areas; The supervision and management of house demolition in Yinzhou District and Tieling Economic Development Zone shall be the responsibility of the municipal house demolition management department.
The relevant departments of the municipal government shall, in accordance with the provisions of these measures, cooperate with each other to ensure the smooth progress of the house demolition work.
Land administrative departments shall be responsible for land management related to house demolition in accordance with relevant laws, regulations and rules.
Fifth urban housing demolition must conform to urban planning, which is conducive to the transformation of old areas and the improvement of ecological environment, and is conducive to the protection of cultural relics.
Article 6 The house demolition management department shall, jointly with relevant departments, establish and improve the house demolition publicity system, petition reception system, responsibility commitment system, reporting system, supervision system and accountability system.
Chapter II Demolition Management
Seventh housing units to obtain housing demolition permit, before the implementation of the demolition.
Article 8 The demolisher shall apply to the house demolition management department where the house is located with the following materials:
(a) the approval document of the construction project;
(two) the construction land planning permit;
(three) the approval document of the right to use state-owned land;
(four) the demolition plan and demolition plan;
(five) the deposit certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business;
(six) other information as prescribed by laws, regulations and rules.
The house demolition management department shall, within 30 days from the date of receiving the application, review the application matters, and issue a house demolition permit if it meets the conditions.
Ninth 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, to be published in the form of housing demolition notice.
The house demolition management department and the demolition person shall promptly publicize and explain to the demolition person.
Demolition or the entrusted demolition unit shall register the number of households, housing area and family population in the demolition area. The registration form shall be signed by both parties and notarized by the notary office.
Tenth people should be taken in the demolition permit to determine the scope and duration of the demolition, the implementation of housing demolition.
If the demolisher fails to complete the demolition within the specified demolition period and needs to extend the demolition period, the demolisher shall apply to the house demolition management department that issued the house demolition permit for an extension of the demolition before the expiration of the demolition period 15; The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition.
The demolition period is determined by the house demolition management department according to the demolition scale and the nature of the demolition project.
Eleventh 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, and the notice of suspension shall specify the suspension period, which shall not exceed 1 year at the longest; 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.
Twelfth 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.
Thirteenth 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 5 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.
Article 14 A unit shall meet the following conditions:
(a) a clear name, organization and fixed office space;
(2) Having the qualification of an enterprise legal person;
(3) Having funds and technical, economic and financial management personnel suitable for the house demolition business;
(four) other conditions stipulated by laws, regulations and rules.
Housing demolition construction management, according to the relevant provisions.
Fifteenth people engaged in housing demolition business should go through the professional training and assessment of the urban housing demolition management department, and be familiar with the laws, regulations, policies and business knowledge related to housing demolition.
Sixteenth people should be taken with the demolition in accordance with the provisions of these measures, reached a written demolition compensation and resettlement agreement. Where monetary compensation is implemented, the amount of demolition compensation, payment method, payment period, relocation period, liability for breach of contract and other contents that need to be agreed upon shall be stipulated in the agreement; Where property rights exchange is implemented, the agreement shall stipulate the location of the house to be exchanged, the housing area, the payment period of the difference in property rights exchange, the amount and payment period of relocation subsidies and temporary resettlement subsidies, the resettlement of the original lessee and other contents that need to be agreed.
Demolition of rental housing, the demolition should be taken and the lessee signed a demolition compensation and resettlement agreement.
The demolition compensation and resettlement agreement shall use the model text formulated by the province.
Seventeenth demolition and entrusted units shall not take intimidation, coercion, water, electricity, gas, heating and other means to force the demolition to move or organize forced demolition without authorization.
Article 18 Where 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 house demolition management department shall handle the evidence preservation with the notary office on matters related to the houses to be demolished.
Nineteenth after the conclusion of the demolition compensation and resettlement agreement, the demolition shall go through the formalities for cancellation of registration of the property rights of the demolished houses within 30 days according to law.
Twentieth after the conclusion of the demolition compensation and resettlement agreement, the demolition or lessee refuses to move within the relocation period, the demolition 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.
Twenty-first demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, after 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. The relocation period stipulated in the administrative ruling shall not be less than 15 days.
If a party refuses to accept the award, it may apply for administrative reconsideration within 60 days from the date of service of the award, or 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 these measures, the demolition person has given monetary compensation to the demolition person or provided resettlement housing or revolving housing, and the administrative reconsideration or administrative litigation will not stop the execution of the demolition.
The ruling on house demolition shall be implemented in accordance with the Working Rules of Administrative Ruling on Urban House Demolition issued by the Ministry of Construction (J&F [2003] No.252).
Article 22 If the demolished person or lessee fails to move within the relocation period stipulated in the ruling, the people's government of the city or county (city) district where the house is located shall instruct the relevant departments to forcibly move, or the house demolition management department shall apply to the people's court for compulsory move according to law.
City, county (city) District People's government instructed the relevant departments to forcibly remove, the house demolition management department shall notify the demolition 5 days in advance.
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.
Compulsory demolition shall be carried out in accordance with the "Working Rules for Administrative Adjudication of Urban Housing Demolition" of the Ministry of Construction.
Twenty-third demolition involves military facilities, churches, temples, cultural relics and houses, in accordance with the provisions of relevant laws, regulations and rules.
Twenty-fourth in the demolition period, the transfer of housing demolition rights according to law shall be approved by the housing demolition management department, and the formalities for the change of housing demolition permit shall be handled. The house demolition management department shall announce the relevant contents of the changed house demolition permit.
If the transferor of the house demolition right fails to perform the relevant obligations stipulated in the demolition compensation and resettlement agreement or award, the transferee shall continue to perform it. The transferor and the transferee shall notify the demolished person in writing of the transfer.
Twenty-fifth demolition compensation and resettlement funds shall be used for housing demolition compensation and resettlement, and shall not be used for other purposes. Demolition compensation and resettlement funds shall be deposited in the special account for demolition compensation funds opened by the demolition management department in various financial institutions.
The house demolition management department shall sign a supervision agreement on the use of demolition compensation and resettlement funds with the demolition person and the financial institution that issues the deposit certificate of demolition compensation and resettlement funds, and clarify the procedures for the use of demolition compensation and resettlement funds and the legal liability for violating the agreement.
Twenty-sixth housing demolition management departments should establish and improve the demolition archives management system, in accordance with the "People's Republic of China (PRC) Archives Law" and the Ministry of Construction "urban construction archives management regulations", organize and keep the demolition archives, and provide services to the society.
The demolisher shall organize and keep the demolition files in time, and hand over the demolition files to the house demolition management department within 30 days after the demolition.
Chapter III Compensation and Resettlement for Demolition
Twenty-seventh people should be taken in accordance with the provisions of these measures, to be taken to give compensation and resettlement; The person to be demolished shall complete the relocation within the relocation period.
Twenty-eighth in addition to illegal buildings or temporary buildings over the approved period, no compensation; Demolition of temporary buildings that have not exceeded the approved period shall be compensated according to the replacement price of the demolished houses combined with the remaining service life.
Twenty-ninth demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange. Unless otherwise stipulated in these measures, the person being taken has the right to choose the compensation method for the demolition.
Demolition of rental housing, the demolition of housing tenants to terminate the lease relationship, or the demolition of housing tenants for resettlement, demolition compensation.
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 owner of the house whose property right is changed is leased by the original lessee, the person to be demolished shall re-sign the house lease agreement with the original lessee.
In principle, land reserve projects and municipal construction projects are subject to monetary compensation.
Thirtieth the implementation of housing property rights exchange, the demolition and demolition should calculate the amount of compensation for the demolition of housing and the price of the exchange of housing, 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.
Thirty-first 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.
Thirty-second the implementation of housing property rights exchange, the demolition should give priority to the demolition of local resettlement in line with national design norms and quality and safety standards of housing; Due to special reasons, can not be placed in situ, the implementation of ex situ resettlement, but should obtain the consent of the housing demolition management department.
The demolition of rental housing to implement property rights exchange, the demolition of property rights exchange housing is not less than the original housing value and the use area is not less than the original housing area, the demolition, housing tenant should accept the demolition arrangements.
Thirty-third minimum living security family housing difficulties, the demolition should be taken to the resettlement of residential housing construction area of not less than 45 square meters. The original housing construction area and resettlement housing construction area is equal to the part, the demolition does not bear the price difference of property rights exchange; More than the original housing construction area, the demolition of housing construction and installation costs.
Thirty-fourth monetary compensation, monetary compensation amount according to the location, use, construction area, decoration, building structure and other factors, to determine the real estate market evaluation price.
The real estate management department shall, according to the transaction price of the local real estate market, publish the real estate market price of various houses in different regions, different uses and different building structures once a year.
The real estate appraisal institution shall refer to the local real estate market transaction price and the real estate market price announced by the real estate management department, and determine the compensation price of the demolished house in combination with the factors such as the degree of newness, floor, orientation, environment and utilization rate of the demolished house.
Thirty-fifth city real estate management department shall set up a real estate appraisal expert committee composed of three or more national registered real estate appraisers and experts in real estate, urban planning and law.
Thirty-sixth residents should entrust an evaluation agency with corresponding evaluation qualifications to evaluate the houses to be demolished. The determination of real estate appraisal institutions shall take the form of voting or drawing lots by the demolished.
Demolition or demolition of people who have objections to the evaluation results, within 5 days from the date of receiving the evaluation report, you can apply to the original evaluation agency for review in writing, or you can entrust an evaluation agency to evaluate.
If the demolisher or the demolished person disagrees with the review results of the original assessment agency, or the assessment results entrusted separately are different from the original assessment results, and no consensus can be reached through consultation, he can apply for technical appraisal to the real estate appraisal expert committee where the demolished house is located within 5 days from the date of receiving the review results or the assessment report issued by the assessment agency entrusted separately.
The real estate appraisal expert committee shall, within 0/0 day from the date of receiving the application, issue written appraisal opinions on the appraisal basis, technical route, selection of appraisal methods, selection of parameters, determination of appraisal results and other appraisal technical issues of the appraisal report applying for appraisal.
If there are no technical problems in the evaluation report, the evaluation report should be maintained; If there are technical problems in the evaluation report, the evaluation institution shall correct the mistakes and re-issue the evaluation report.
If the original appraisal result is valid after appraisal by the real estate appraisal expert committee, the appraisal fee shall be borne by the dissenting party; If the original evaluation result is invalid, the evaluation fee shall be borne by the evaluation institution.
Thirty-seventh housing demolition assessment in accordance with the Ministry of construction "urban housing demolition valuation guidance" (housing construction [2003] No.234).
Thirty-eighth the nature (including use, the same below) and area of the house to be demolished shall be subject to the ownership certificate and ownership file records.
If there is an agreement between the demolisher and the demolished person on the nature or area of the demolished house, it can be evaluated according to the negotiation results.
If the nature of the house to be demolished cannot be reached through consultation, it shall apply to the competent department of city planning administration for confirmation. If the area of the house to be demolished cannot be agreed through consultation, it shall apply to the municipal real estate management department for confirmation.
Before the house demolition, the property right of the house has been transferred, but the change registration has not been handled, or the recorded area of the house ownership certificate is inconsistent with the actual area, the real estate management department shall issue a confirmation letter within 5 working days after receiving the application from the party concerned.
Thirty-ninth demolition of public housing, determine the property rights, compensation and resettlement in accordance with the following provisions:
(a) the lessee obtains property rights after purchasing public housing;
(two) the lessee did not buy public housing, the demolition of property rights exchange price difference, the demolition and the lessee to re-establish the lease relationship, property rights to the demolition.
Fortieth people should be taken to the demolition or housing tenant to pay a one-time relocation allowance. The relocation subsidy standard is calculated according to the construction area of the house to be demolished, with 5 yuan per square meter.
The demolition of residential housing property rights exchange, the demolition should be taken to arrange their own accommodation or pay temporary resettlement subsidies to the lessee; 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 standard of temporary resettlement subsidy is calculated according to the construction area of the demolished house, with 5 yuan per square meter per month. Payment period from the date of relocation to the date of relocation.
Demolition of non-residential houses, the demolition of people to pay transportation costs and equipment installation costs.
Demolition of non-residential houses, can not be restored to the use of equipment, by the assessment agencies to assess, and according to the assessment results to compensate the demolition.
If the house to be demolished involves house decoration, the evaluation institution shall evaluate the decoration, and the demolished person shall compensate the demolished person or lessee according to the evaluation results.
The relocation expenses of gas, communication, cable TV, electricity meter, water meter and other equipment caused by house demolition shall be paid to the demolished person according to the market price.
Forty-first due to the demolition of non residential houses caused by the suspension of production and business, the demolition should give appropriate compensation. Specific matters such as compensation methods and compensation standards shall be determined by the house demolition management department in conjunction with relevant departments.
Forty-second residents are not allowed to extend the transition period without authorization, and users of revolving houses should vacate the revolving houses on time.
If the transition period is extended due to residents' responsibilities, the temporary resettlement subsidy will be doubled to residents who arrange their own accommodation from the overdue month; The user of the revolving house shall pay the temporary resettlement subsidy from the overdue month.
Article 43 In the case of demolishing houses with unclear property rights, the demolisher shall put forward a compensation and resettlement plan, make measurement records of the demolished houses, go through the formalities of notarization of compensation deposit and evidence preservation at the notary office, and implement the demolition after reporting to the house demolition management department for examination and approval.
Chapter IV Legal Liability
Article 44 in violation of the provisions of these measures, without obtaining the permit for house demolition, the house demolition management department shall, according to the provisions of Article 34 of the State Council's Regulations on the Administration of Urban House Demolition, 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 the building area to be demolished.
Article 45 Where a demolition person, in violation of the provisions of these measures, obtains a house demolition permit by deception, the house demolition management department shall revoke the house demolition permit according to the provisions of Article 35 of the Regulations on the Administration of Urban House Demolition in the State Council, and impose a fine of more than 1% and less than 3% of the demolition compensation and resettlement funds.
Article 46 the demolition, in violation of the provisions of these measures, has one of the following acts, by the housing demolition management department in accordance with the provisions of Article 36 of the State Council's "Regulations on the Administration of Urban Housing Demolition", shall be ordered to stop the demolition, given 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.
Article 47 If the entrusted demolition unit transfers the demolition business in violation of the provisions of these measures, the house 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 according to the provisions of Article 37 of the State Council's "Management Conditions for House Demolition".
Article 48 If the demolisher or the entrusted demolishing unit uses intimidation, coercion, water cut, electricity cut, heating and other means to force the demolished person to move or organize forced demolition without authorization, the house demolition management department shall order it to stop the demolition and punish it according to law; If the case constitutes a crime, it shall be handed over to judicial organs for criminal responsibility.
Forty-ninth housing demolition management departments in violation of the provisions of these measures, one of the following acts, the 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:
(a) in violation of the provisions of the issuance or refusal to issue housing demolition permits and other approval documents;
(two) after issuing the house demolition permit and other approval documents, failing to perform the duties of supervision and management according to law;
(three) failing to investigate and deal with illegal acts according to law or imposing administrative penalties in violation of regulations;
(four) in violation of the provisions of the demolition commission;
(five) there are other acts in violation of regulations.
Fiftieth hinder the housing demolition management staff to perform official duties according to law, in violation of public security regulations, the public security organs shall be punished in accordance with the "Regulations of the people's Republic of China on administrative penalties for public security"; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 51 The meanings of the following terms in these Measures are:
(a) the relocation period refers to the time limit for the demolition to complete the relocation agreed or decided by the demolition and relocation people in the demolition compensation and resettlement agreement;
(two) the scope of demolition refers to the scope of house demolition determined by the house demolition management department according to the construction land planning permit and the approval document of the state-owned land use right;
(three) the demolition period refers to the demolition permit specified in the demolition work completion date;
(four) illegal construction, refers to the construction in the urban planning area, without obtaining the construction project planning permit or in violation of the provisions of the construction project planning permit;
(five) temporary buildings, refers to the approval of the competent department of city planning administration, the provisions of the term of use, the expiration of the building must be demolished;
(six) property rights exchange, refers to the demolition of their own construction or purchase of housing and the demolition of housing, according to the demolition of housing evaluation price and the replacement of housing market price settlement difference;
(seven) the transition period refers to the starting and ending dates from the completion of the relocation to the relocation agreed by the demolition parties in the demolition compensation and resettlement agreement or determined by the house demolition management department in the demolition announcement.
Fifty-second in the urban planning area of foreign land for housing demolition, and the need for compensation and resettlement, with reference to these measures.
Fifty-third counties (cities), Qinghe District can formulate specific implementation measures according to the actual situation in the region.
Article 54 These Measures shall come into force as of June 6, 2004.
Tieling Municipal People's Government