(1) Compensation for the value of the expropriated house;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(3) Compensation for losses caused by expropriation of houses.
Twenty-sixth construction area, structure, use, etc. The ownership of the expropriated house is generally subject to the records in the house ownership certificate and the house registration book; If the house ownership certificate is inconsistent with the house registration book, the house registration book shall prevail unless there is evidence to prove that there is an error in the house registration book.
Article 27 Before the people's government of a city, district or county (city) makes a decision on house expropriation, the urban and rural planning department shall, jointly with the relevant departments of housing and urban and rural construction, land and resources, urban management and administrative law enforcement, and house expropriation, investigate, identify and deal with unregistered buildings within the scope of house expropriation. The specific measures for the identification of unregistered buildings shall be formulated by the municipal urban and rural planning department and implemented after being approved by the Municipal People's government.
If it is recognized as a legal building, it shall be compensated. For temporary buildings that do not exceed the approved period, compensation shall be given according to the construction cost and combined with the service life. No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.
Twenty-eighth real estate price assessment agencies selected according to the relevant provisions of the provincial people's government. The real estate price appraisal institution shall be selected by the expropriated person through consultation within the specified time; If the negotiation fails, the house expropriation department of the city or county (city) shall preside over and invite the expropriated person and the representative of the charitable trust to make a public lottery, and the notary department shall conduct on-site notarization of the lottery process and results.
Twenty-ninth the value of the house to be expropriated shall be assessed and determined by the real estate price assessment agency in accordance with the relevant provisions of the state. 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. When making an assessment report, the real estate price assessment agency shall explain the market price of the expropriated house similar to real estate.
According to the relevant provisions of the state, the time for the evaluation of the value of the house to be expropriated is the date of the announcement of the house expropriation decision. The real estate price assessment institution shall provide the overall assessment report and household assessment report of the expropriated house to the house expropriation department within the scope of entrusted assessment.
The district housing levy department shall report the assessment report to the municipal housing levy department for the record.
Thirtieth city, district, county (city) housing levy department or the expropriated person has any objection to the value of the expropriated house determined by the assessment, and shall, within 10 days from the date of receiving the assessment report, apply in writing to the original real estate price assessment agency for review and assessment in accordance with the relevant provisions of the state. If there is any objection to the review result, it shall, within ten days from the date of receiving the review result, apply to the expert committee on house expropriation and evaluation on the state-owned land where the house is located for appraisal in accordance with the relevant provisions of the state. 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 municipal administrative department of housing and urban and rural construction shall organize the establishment of an expert committee on the expropriation and evaluation of houses on state-owned land, composed of real estate appraisers and experts in price, real estate, land, urban planning and law.
Article 31 The expropriated person may choose monetary compensation or house property right exchange.
If the expropriated person chooses to exchange property rights, the people's government of the city, district and county (city) shall provide the houses with property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the houses with property rights exchange with the expropriated person.
The value of houses used for property rights exchange shall be assessed and determined by real estate price assessment agencies, unless otherwise stipulated by the government. The time point of value evaluation of houses with property rights exchange should be consistent with the time point of value evaluation of houses to be expropriated.
Because of the expropriation of individual houses in the old city, if the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, the people's government of the city, district and county (city) that made the decision on house expropriation shall provide the houses in the reconstruction area or nearby areas.
Thirty-second of the existing housing monetary compensation or property rights exchange, should be given to the relocation fee; Take the way of property rights exchange for transitional resettlement, and give the expropriated person two relocation expenses.
The relocation expenses for the demolition of warehouses and industrial production houses shall be assessed and determined according to the actual situation of demolition, handling and installation of production equipment in accordance with relevant regulations; For equipment that cannot be moved or restored to use, the actual value can be assessed and determined according to relevant regulations and corresponding compensation can be given; No compensation will be given to abandoned production equipment.
District, county (city) housing expropriation departments to take the way of transitional resettlement property rights exchange to compensate the expropriated person's house and solve the turnover house by themselves, the expropriated person shall pay the temporary resettlement fee according to the actual transitional period; For those who have provided revolving houses to the expropriated people, temporary resettlement fees will not be paid within the agreed transition period. Take monetary compensation or exchange of property rights of existing houses, and do not pay temporary resettlement fees.
If the value of the expropriated house does not include decoration and other values, the compensation for decoration and other values shall be determined through consultation with reference to the compensation standard for house expropriation and decoration on state-owned land stipulated by the Municipal People's Government; If negotiation fails, the original real estate price assessment agency may be entrusted to assess the expropriated house.
Relevant standards for temporary resettlement fees, decoration compensation fees and housing relocation fees other than storage and industrial production houses shall be formulated by the municipal housing levy department and implemented after being reported to the Municipal People's Government for approval. According to the economic and social development and price changes, the municipal housing levy department shall timely put forward the adjustment plan and report it to the Municipal People's government for approval before implementation.
Thirty-third to take the way of property rights exchange for transitional resettlement, the district and county (city) housing levy department shall, according to the reasonable construction period of the property rights exchange house (auction house), agree with the expropriated person on the transitional period.
The actual transition period is from the date of delivery and demolition of the expropriated house to the date of delivery of the property right exchange house.
Article 34 If the actual transition period exceeds the agreed transition period due to the responsibility of the municipal, district and county (city) people's governments and their house expropriation departments, the district and county (city) house expropriation departments shall increase or pay temporary resettlement fees to the expropriated persons in accordance with the following provisions:
(1) If the expropriated person solves the revolving house by himself, and the agreed transition period is less than 12 months, the temporary resettlement fee will be increased by 50%; If the agreed transition period exceeds twelve months, the temporary resettlement fee will be increased by100% according to the standard;
(2) For those who have provided revolving houses to the expropriated person, in addition to continuing to provide revolving houses, if the transition period is less than 12 months, the temporary resettlement fee shall be paid according to the standard of 50%; If the agreed transition period exceeds 12 months, the temporary resettlement fee shall be paid at the standard 100%.
Thirty-fifth loss compensation for suspension of production and business operations shall be implemented in accordance with the relevant provisions of the provincial people's government. Compensation for losses caused by the expropriation of non-residential houses shall be determined according to the benefits before the expropriation of non-residential houses and the period of suspension of production and business. The period of suspension of production and business by monetary compensation or property right exchange of existing houses shall be calculated as three months; The period of suspension of production and business for transitional resettlement by means of property right exchange shall be determined according to the actual number of months of suspension of production and business.
Article 36 If the expropriated person is really difficult to move due to serious illness, loss of working ability or particularly difficult family life during the expropriation period, the district/county (city) housing expropriation department may, jointly with the civil affairs department, give appropriate subsidies according to the actual situation.
If a compensation agreement is signed within the time limit determined by the compensation scheme, the district/county (city) house expropriation department may give appropriate rewards to the expropriated person.
The specific measures for subsidies and incentives shall be formulated by the municipal housing levy department and implemented after being approved by the Municipal People's government.
Thirty-seventh demolition of electricity, telecommunications, water supply and drainage, gas and other facilities, the district, county (city) housing levy department should be handled in accordance with the relevant provisions of the state, province and city.
Article 38 The owner of the expropriated house who enjoys the social minimum living allowance of this Municipality and has a total construction area of less than 45 square meters within the scope of this Municipality (subject to the house ownership certificate, and the property right is not counted separately) shall be guaranteed the minimum area and compensated according to 45 square meters. However, for the difference between the legal area of the expropriated house and 45 square meters, other compensation such as decoration and relocation expenses will not be calculated, and preferential policies such as rewards will not be enjoyed.
After the scope of house expropriation is determined, if the expropriated person analyzes the property rights of the expropriated house, he shall not enjoy the minimum area guarantee stipulated in the preceding paragraph.
Thirty-ninth expropriated people meet the housing security conditions, the city, district and county (city) people's government should give priority to housing security.
Fortieth district, county (city) housing levy department and the expropriated person shall sign a compensation agreement in accordance with the housing levy compensation scheme. After giving compensation to the expropriated person, the expropriated person shall complete the relocation according to the relocation period agreed in the agreement, and shall not damage the house or dismantle the expropriated house and its ancillary facilities that have been compensated in accordance with the regulations.
After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
After signing a compensation agreement with the expropriated person, the district house expropriation department shall promptly report the agreement to the municipal house expropriation department for the record.
The municipal house expropriation department shall formulate a model text of the house expropriation compensation agreement.
Forty-first district housing levy department and the expropriated person signed a compensation agreement, the municipal housing levy department shall timely release the corresponding funds, and strengthen the supervision of the payment of funds. Take monetary compensation, the household compensation funds paid in full; If the existing housing property right exchange method is adopted, 90% of the compensation funds of the household will be paid, and the remaining compensation funds will be paid after handling the property right registration procedures of the property right exchange housing; If transitional resettlement or property right exchange is adopted, it should be distributed in batches according to the progress of property right exchange housing construction, but only 90% of the compensation funds can be distributed, and the remaining compensation funds can only be distributed after the expropriated person moves into the property right exchange housing and goes through the formalities of property right registration.
City, District, county (city) housing levy department shall timely pay compensation funds according to the compensation agreement.
Article 42 If no compensation agreement can be reached within the signing period determined by the compensation scheme, the people's government of the city, district or county (city) that made the decision on house expropriation shall make a compensation decision, announce it within the scope of house expropriation and serve it according to law.
The compensation decision made by the municipal or district people's government shall be handled in accordance with the following procedures:
(a) the district housing levy department shall, according to the housing levy compensation scheme and the evaluation results, formulate the household housing levy compensation scheme.
(two) the district housing levy department will inform the expropriated person in writing of the compensation scheme for household housing levy.
(3) If the district house expropriation department or the expropriated person applies for mediation, the municipal house expropriation department shall organize mediation within seven working days.
(four) did not apply for mediation or mediation fails, submitted to the people's government that made the decision on housing expropriation issued a compensation decision.
Article 43 The compensation decision shall include the following contents:
(a) the basic situation of the expropriated house and the obligee;
(two) the basis and reasons for the collection;
(three) matters related to the compensation agreement stipulated in the first paragraph of Article 25 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land;
(four) to inform the expropriated person of the rights, ways and time limit of administrative reconsideration and administrative litigation.
The relocation period specified in the compensation decision shall not be less than fifteen days.
Article 44 If the owner of the expropriated house is not clear, the district and county (city) house expropriation departments shall draw up a compensation plan, report it to the people's government that made the decision on house expropriation, and make an announcement within the scope of house expropriation. The compensation plan drawn up by the district house expropriation department shall be reported to the municipal house expropriation department for the record before being reported to the people's government for making a compensation decision. Before the house demolition, the district and county (city) house expropriation departments shall make measurement records of the houses to be expropriated, and handle notarization and evidence preservation with the notary office.
Article 45 If a house with mortgage is expropriated, the expropriated person and the district/county (city) house expropriation department reach a compensation agreement within the signing period determined by the house expropriation compensation scheme, the mortgagee and the mortgagor reset the mortgage or the mortgagor pays off the debts, and the district/county (city) house expropriation department shall compensate the expropriated person.
Expropriation of houses with mortgages, where the expropriated person and the district/county (city) housing expropriation departments fail to reach a compensation agreement within the signing period determined by the housing expropriation compensation scheme, the people's government of the city, district/county (city) that made the decision on housing expropriation shall make a compensation decision in accordance with the provisions of Article 42 of these Measures, and protect the legitimate rights and interests of the mortgagee according to law.
Article 46 After the people's government of the city, district or county (city) that made the decision on house expropriation has compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision.
No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.
Article 47 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 people's government of the city, district or county (city) that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.
After the people's government of the city, district and county (city) makes a compensation decision, if the decoration of the expropriated house cannot be verified due to the reason of the expropriated person, the compensation decision does not include the decoration value. When enforcement is carried out according to the compensation decision, the district and county (city) housing expropriation departments shall make investigation records on the decoration of the houses to be expropriated, and handle the evidence preservation with the notary office. The decoration value of the expropriated house is assessed and determined by the assessment agency.
Forty-eighth district and county (city) housing expropriation departments shall, within thirty days after the house demolition, go through the formalities of cancellation of property rights at the city and county (city) housing registration agency.
Public security, education, civil affairs, population and family planning, human resources and social security departments shall promptly go through the formalities for the relocation, transfer, change of subsistence allowances, transfer of family planning relations and social insurance of the expropriated person in registered permanent residence, and shall not increase the burden of the house expropriation department and the expropriated person.
Forty-ninth district and county (city) housing expropriation departments shall announce the household compensation within the scope of housing expropriation to the expropriated person, and establish the housing expropriation compensation files according to law.
The municipal house expropriation department shall review the compensation expenses of the house expropriation project made by the municipal and district people's governments.
Audit institutions shall strengthen supervision over the management and use of compensation fees for house expropriation, and publish the audit results.