24(th)
The Regulations on the Administration of Urban House Demolition in Jiangsu Province was adopted at the 32nd meeting of the Standing Committee of the Ninth People's Congress of Jiangsu Province on 23 October 2002/kloc-0, and is hereby promulgated and shall come into force on 23 October 2003/kloc-0.
Jiangsu Provincial People's Congress Standing Committee
2002124 October
Regulations of Jiangsu Province on the Administration of Urban House Demolition
(Adopted at the 32nd meeting of the Standing Committee of the Ninth People's Congress of Jiangsu Province on 23 October 2002/KLOC-0)
Chapter I General Principles
first
In order to strengthen the management of urban housing demolition, safeguard the legitimate rights and interests of the parties involved in the demolition, and ensure the smooth progress of construction projects, these Regulations are formulated in accordance with the Regulations of the State Council on the Management of Urban Housing Demolition and combined with the actual situation of this province.
second
In the implementation of housing demolition on state-owned land in urban planning area within the administrative region of this province, it is necessary to compensate and resettle the people who have been demolished, and it shall abide by the Regulations of the State Council on the Administration of Urban Housing Demolition and these Regulations.
essay
The construction administrative department of the provincial people's government shall supervise and manage the urban house demolition work within the administrative area of this province.
The housing demolition management department of the people's government of the city or county (city) with districts shall supervise and manage the urban housing demolition work within their respective administrative areas. The relevant departments of the people's governments of cities and counties (cities) divided into districts shall cooperate in accordance with the provisions of relevant laws and regulations to ensure the smooth progress of the management of urban house demolition.
The land administrative departments of local people's governments at or above the county level shall be responsible for land management related to urban house demolition in accordance with the provisions of relevant laws and regulations.
Chapter II Demolition Procedures
Article 4
City housing demolition shall follow the following procedures:
(a) the demolition project evaluation;
(two) the demolition to the housing demolition management department to apply for housing demolition permit;
(three) the house demolition management department issued a demolition notice;
(four) the demolition and demolition or demolition and demolition and the lessee shall conclude a written demolition compensation and resettlement agreement;
(five) according to the demolition compensation and resettlement agreement for demolition compensation and resettlement;
(six) the implementation of housing demolition.
The time for the implementation of house demolition construction shall be no less than thirty days from the date of the announcement of demolition. For overseas Chinese and other people living outside the country (territory), the demolisher shall inform in writing the time for the implementation of house demolition, and the demolition time shall be extended accordingly.
Article 5
The demolition plan and demolition plan submitted to the house demolition management department when applying for the house demolition permit shall include the following contents:
(a) The exact scope of demolition;
(two) the use, area and ownership of the house within the scope of demolition;
(three) the implementation steps of demolition and safety protection and environmental protection measures;
(four) the implementation of demolition funds, resettlement houses, turnover houses or other temporary transitional measures;
(five) the way and duration of the demolition.
The house demolition management department shall attach a detailed demolition scope map when issuing the house demolition permit.
Article 6
The funds for relocation compensation and resettlement shall be fully deposited in financial institutions that handle special deposits business, all of which shall be used for relocation compensation and resettlement, and shall not be used for other purposes. The demolition compensation and resettlement funds are insufficient, and the house demolition management department shall not issue the house demolition permit.
Housing demolition management department should strengthen the supervision of demolition compensation and resettlement funds.
Article 7
If the house to be demolished is under any of the following circumstances, the demolisher shall propose a compensation and resettlement plan, report it to the house demolition management department for examination and approval, and go to the notary office for evidence preservation before the demolition can be implemented:
Property rights are unclear or controversial;
(two) the whereabouts of the property owner is unknown.
If the house to be demolished is managed by the real estate management department, the demolition compensation and resettlement agreement must be notarized by a notary office, and the evidence shall be preserved.
The implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of the preceding paragraph, 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. The housing to be exchanged shall be evaluated in the real estate market price, and the provisions of Chapter IV of these Regulations shall be observed.
Demolition should provide houses that meet the national quality and safety standards for demolition and resettlement. Resettlement in different places shall be arranged at one time.
The transition period of demolition generally does not exceed eighteen months from the date when the demolished person or lessee vacates the house. Demolition, demolition or housing tenant shall abide by the agreement on the transition period.
Due to the responsibility of the demolition to extend the transition period, from the overdue month onwards, unless otherwise agreed by the parties, the demolition should be in accordance with the following provisions to the demolition or housing tenant to pay temporary resettlement subsidies:
(a) by the demolition or lessee to solve the transition housing, the extension of time within twelve months, pay twice the temporary resettlement subsidies; If the extension time is more than twelve months, the temporary resettlement subsidy will be tripled from the month after that;
(two) provided by the demolition of transitional housing, the extension time within twelve months, according to the standard to pay temporary resettlement subsidies; If the extension time exceeds twelve months, the temporary resettlement subsidy will be doubled from the second month after the extension.
Article 8
Housing demolition should be undertaken by enterprises that have the conditions to ensure safety and have the qualification certificate of construction enterprises, and the demolition plan should be prepared. The person in charge of a construction enterprise shall be responsible for safety.
Chapter III Compensation and Resettlement for Demolition
Article 9
Demolition should be in accordance with the "Regulations" of the State Council city housing demolition management and the provisions of this Ordinance to be taken compensation.
The compensation method for demolition can be monetary compensation or property right exchange, and the demolished person has the right to choose the compensation method, except for the following circumstances:
(a) the demolition of non-public housing attachments, not the implementation of property rights exchange, monetary compensation by the demolition;
(two) the demolition of rental housing, the demolition and housing tenant can not reach an agreement on the termination of the lease relationship, the demolition should be the demolition of housing property rights exchange.
Article 10
The amount of monetary compensation is determined according to the location, use, construction area and other factors of the house to be demolished, and according to the evaluation price of the real estate market. The evaluation of the real estate market price of the demolished houses shall comply with the provisions of Chapter IV of these Regulations.
The demolisher shall settle the compensation and resettlement fees and temporary resettlement compensation fees within the agreed time. The telephone transfer fee, cable TV installation fee, moving fee and other expenses arising from the demolition should be fully compensated.
Residential housing from the date of completion to the date of issuing the demolition permit, less than five years of demolition, demolition should increase the amount of compensation for the demolition. The specific measures shall be formulated separately by the Municipal People's Government providing medical services, but the minimum increase ratio of compensation shall not be less than fifteen percent of the compensation amount.
Article 11
The demolished houses are managed by the real estate management department, and the resettlement houses are still managed by the real estate management department if the property rights are exchanged; Where monetary compensation is implemented, the amount of monetary compensation shall be deposited in the bank through the special account of the custodian.
Demolition of public residential houses managed by real estate management departments or public residential houses managed by units; If the demolished person and the lessee choose monetary compensation and resettlement, the replacement price of the demolished house will be merged into a new part to be paid to the owner of the demolished house, and the rest will be paid to the lessee.
Article 12
Demolition of military facilities, churches, temples, cultural relics and other facilities, as well as non-production and operation houses and their ancillary facilities used for public welfare undertakings, the demolition should be handled in accordance with the provisions of relevant laws and regulations.
Demolition of primary and secondary school buildings or kindergartens shall be approved by the administrative department of education, and new school buildings and kindergartens shall be built according to the planning requirements. The house demolition management department shall, jointly with the administrative department of education, properly arrange students' enrollment.
Article 13
Due to the demolition of non-residential housing caused by production, business, compensation by the demolition. The specific measures shall be formulated by the municipal people's government with districts.
Article 14
If the person being demolished has only one house and the amount of monetary compensation obtained is lower than the minimum standard of demolition compensation, the demolition person shall compensate the person being demolished according to the minimum standard of demolition compensation. The minimum compensation standard for demolition shall be determined by the municipal people's government divided into districts with reference to the local affordable housing value of the smallest apartment specified in the national residential design code.
If the demolished person still cannot solve the housing problem after receiving monetary compensation in accordance with the provisions of the preceding paragraph, the municipal people's governments of cities, counties and districts shall properly arrange the demolished person by providing complete sets of urban low-rent housing or renting and selling affordable housing.
Chapter IV Demolition Assessment
Article 15
The real estate market price evaluation of the house to be demolished shall be conducted by a real estate appraisal institution (hereinafter referred to as the appraisal institution) with the qualification of real estate appraisal above Grade III issued by the construction administrative department at or above the provincial level.
The municipal real estate management department with districts shall announce the list of assessment agencies to the public every year for the demolition and relocation people to choose.
Article 16
The real estate market price evaluation should follow the principles of openness, fairness and impartiality.
Article 17
When evaluating the same demolition project, the evaluation institution shall not have an interest with the house demolition management department, the demolition and the demolition. The evaluation institution shall not collude with one party to harm the interests of the other party.
Eighteenth demolition assessment should comprehensively consider the following factors related to the demolition of houses:
(1) Location: the location benchmark price of the house to be demolished, as well as the location adjustment factors such as the surrounding environment of the house, the convenience of transportation and commercial services, and the supporting conditions of public facilities. Local people's governments at or above the county level shall announce the location benchmark price every year and make adjustments according to market conditions;
(2) Purpose: The purpose indicated in the property ownership certificate shall prevail; If the purpose of the property right certificate is not specified, the purpose recorded in the property right file shall prevail; However, those who have obtained the industrial and commercial business license and operated for more than one year shall be evaluated with reference to the business premises;
(3) Construction area: the construction area specified in the house ownership certificate or the measured area confirmed by the real estate management department. If the building area is less than the land use area, the location compensation area shall be calculated according to the land use area;
(4) Decoration: the decoration compensation is calculated according to the construction area of each natural room combined with the grade, price, depreciation period and other factors of decoration materials;
(5) Other factors: building structure, maturity, floor, height, orientation, etc.
Article 19
The institution that evaluates the real estate market price of the house to be demolished shall be selected by both the demolisher and the demolished. Demolition and demolition can not reach an agreement, by the housing demolition management department in a qualified assessment agencies draw lots, the housing demolition management department shall announce the time and place of the draw at the demolition site three days before the draw.
The expenses incurred by the appraisal institution in evaluating the real estate market price of the house to be demolished in accordance with the provisions of the preceding paragraph shall be borne by the demolisher.
Article 20
Demolition or demolition of people who have objections to the evaluation results, you can ask the evaluation agencies to explain and explain within five working days from the date of delivery of the evaluation results. The evaluation institution shall make a written explanation and explanation within five working days. After explanation, there are still objections, and those who disagree with the demolition or demolition may entrust other evaluation agencies that meet the requirements of Article 15 of these regulations to re-evaluate.
If the re-evaluation result and the original evaluation result are within the allowable error range, the original evaluation result is valid, and the re-evaluation fee shall be borne by the client. Re-evaluation results and the original evaluation results are beyond the allowable error range, and the house demolition management department draws lots from the expert database to select relevant experts for identification. If the original appraisal result is adopted for appraisal, the re-appraisal and appraisal expenses shall be borne by the re-appraisal client and the re-appraisal institution. If the re-evaluation result is adopted in the evaluation, the cost of re-evaluation appraisal shall be borne by the relative person of the client and the original evaluation institution.
The allowable error range stipulated in the preceding paragraph shall be stipulated by the municipal people's government with districts.
Article 21
The demolisher shall announce the evaluation results at the demolition site within five days after the evaluation.
Chapter V Legal Liability
Twenty-second acts in violation of the provisions of this Ordinance, the State Council, "Regulations on the Administration of Urban Housing Demolition" and other laws and regulations have provisions, in accordance with its provisions.
Article 23
If the construction enterprise undertaking the house demolition project fails to take safety measures, the construction administrative department shall order it to make corrections, give a warning and impose a fine of more than 2,000 yuan and less than 30,000 yuan; If casualties are caused, civil liability shall also be borne according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Demolition units and their staff resort to deceit, abuse of power, the directly responsible person in charge and the directly responsible personnel, by their units or the competent department at a higher level shall be punished according to law; If the circumstances are serious, the demolition permit shall be revoked by the house demolition management department, and a fine of not less than 1,000 yuan but not more than 10,000 yuan may be imposed.
Article 24
In violation of the provisions of this Ordinance, the demolition party entrusts an assessment agency that does not meet the requirements for demolition assessment, and the house demolition management department shall order it to make corrections.
Article 25
Assessment agencies collude with the demolition parties, deliberately lowering or raising the real estate market assessment price of the demolished houses, and the assessment results are invalid, and the house demolition management department shall impose a fine of more than 5,000 yuan and less than 50,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, suspend or even cancel the assessment qualification; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law.
Article 26
If the staff of the house demolition management department and other relevant departments neglect their duties, exceed their powers or abuse their powers, engage in malpractices for selfish ends, ask for bribes, or infringe upon the legitimate rights and interests of the parties involved in the demolition, the directly responsible person in charge and the directly responsible personnel shall be given administrative sanctions by their departments or the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 27
In the implementation of housing demolition on foreign land in urban planning area, it is necessary to compensate and resettle the demolished person, with reference to these regulations. Due to urban development and construction: if collective land is requisitioned for house demolition, the compensation and resettlement measures for demolition shall be formulated separately by the Municipal People's Government with reference to these regulations.
Article 28
These Regulations shall come into force as of June 6, 2003. 1Adopted at the 18th meeting of the Standing Committee of the Seventh People's Congress of Jiangsu Province on February 9, 1990, and1Revised at the 25th meeting of the Standing Committee of the Eighth People's Congress of Jiangsu Province on February 3, 1996, the Regulations on the Administration of Urban House Demolition in Jiangsu Province shall be abolished at the same time.