How to stipulate the compensation for house demolition in Jinan?

Article 1 In order to implement the Measures for the Administration of Urban Housing Demolition in Jinan (hereinafter referred to as the Measures), these Detailed Rules are formulated in light of the actual work. Article 2 The demolition plan and demolition plan submitted when applying for the demolition permit shall include the following contents: (1) Relevant qualification certificates and entrustment contracts of the demolition unit, demolition evaluation institution and house demolition unit entrusted by the demolition unit; (two) the investigation list of the houses and their attachments, natural conditions and ownership status within the scope of demolition, and the compensation and resettlement expenses; (three) the implementation of compensation and resettlement funds, resettlement housing and related certificates; (four) the compensation and resettlement plan for the demolished houses that are lower than the minimum residential design area stipulated by the national mandatory standards; (5) The time, steps and measures for the planned relocation; (six) civilized demolition, safety demolition responsibility and safety measures, demolition site prevention and control of dust pollution and garbage removal program; (seven) the coordination plan with the street offices and police stations where the houses are to be demolished; (eight) other special circumstances and measures. Article 3 After the announcement of demolition, the demolisher shall, in accordance with the provisions of these Measures, solicit in writing the opinions of the demolished person or the lessee of public housing on the compensation method for demolition. If the demolished person or the lessee of the public residential house fails to give the written choice feedback to the demolished person within the time limit prescribed by the solicitation of opinions, it shall be regarded as the choice of housing placement. The feedback period specified in the solicitation of opinions shall not be less than seven days. Where laws and regulations provide otherwise, such provisions shall prevail. Article 4 Where a demolisher entrusts the demolition, he shall sign an entrustment contract with the entrusted demolition unit and pay the entrustment fee. Article 5 The demolished houses within the same demolition scope determined by the house demolition permit shall, in principle, be evaluated by an evaluation agency. Need to be assessed by more than two assessment agencies, assessment agencies should be based on the principles, procedures, methods, parameter selection and so on. To coordinate and implement the same standards. The evaluation institution shall be determined by the parties involved in the demolition through consultation or voting. If negotiation or voting fails, the parties to the demolition shall draw lots to determine. If the demolition party abandons the lottery, it shall be designated by the competent department of house demolition. The selection process of the demolition assessment institution shall be notarized by the notary organ on the spot. After the demolition assessment agency is selected, the demolition should sign the entrustment contract of demolition assessment with the selected assessment agency, and the assessment cost should be borne by the demolition. The expenses for re-evaluation or appraisal by the expert committee shall be implemented in accordance with the provisions of Article 40 of the Measures. Sixth demolition assessment time is generally the date when the house demolition permit is issued. If the demolition is large in scale and implemented in stages, the date of implementation of this (segmented) house demolition shall be taken as the evaluation point. Article 7 The parties involved in the demolition shall truthfully provide the demolition permit, the red line map of the demolition scope planning and the necessary basis, materials and relevant data for the demolition evaluation of various houses to the evaluation institution, and assist the evaluation institution in making on-the-spot survey records, shooting images and materials reflecting the appearance and internal conditions of the demolished houses. Field survey records shall be signed and approved by appraisers, residents and households. If it is impossible to conduct on-site investigation and obtain video materials for the house to be demolished due to the reason of the demolished person, or the demolished person does not agree to sign the record of on-site investigation, the demolished person shall invite the staff of the notary office or a third person who has no interest to witness it, and make corresponding explanations in the household assessment report. Assessment agencies can be based on the demolition of housing ownership information, with reference to the same area of such housing assessment. Article 8 Where a dismantler or an entrusted dismantler unit or assessment institution consults the archives of real estate ownership and related real estate transaction information of the demolished house with the dismantler's demolition permit or relevant certificates, the real estate, land and planning management departments shall provide assistance. When evaluating and calculating the price of newly-built ordinary commodity housing, if it is necessary to ask the relevant real estate development enterprises for the sales price, the real estate development enterprises shall truthfully provide it. Ninth assessment agencies shall publicize the preliminary assessment results to the demolition parties in the form of announcement within the scope of demolition, and the publicity period shall not be less than seven days. After the expiration of the publicity period, the evaluation institution shall provide an evaluation report to the parties involved in the demolition. If the demolition parties have doubts about the evaluation report, they may consult the evaluation agency. The evaluation institution shall explain the basis, principles, procedures, methods, parameter selection and process of the evaluation results. If the demolition party disagrees with the evaluation results, it may apply to the original evaluation agency for review within ten days from the date of receiving the evaluation report, or entrust the evaluation agency to re-evaluate. Tenth demolition parties have objections to the evaluation results and apply for re-evaluation. The allowable error between the re-evaluation results and the original evaluation results is 3%. If it is within the allowable error range, the original evaluation result is valid. Beyond the allowable error range, it shall be settled by the parties involved in the demolition through consultation; If negotiation fails, if the demolition party raises an objection, it may apply to the evaluation expert committee for technical appraisal. The appraisal conclusion of the appraisal expert committee is final. Eleventh administrative decisions on demolition shall be handled in accordance with the "Working Rules for Administrative Decisions on Urban Housing Demolition" of the Ministry of Construction. Article 12 the demolisher shall, within 30 days after all the houses are demolished, report the relevant information such as the house demolition permit and the demolition compensation and resettlement agreement to the competent department of house demolition, and the competent department of house demolition shall, after checking the relevant information and the situation of the demolition site, issue the demolition qualification certificate to those who have no remaining problems and have completed the on-site demolition and clearing; If there are problems left over and the site has not been dismantled and cleaned up, it shall be ordered to make rectification within a time limit; Refuse to rectify, not to issue a demolition permit for the demolition project, and not to go through the formalities for starting a new project in accordance with relevant laws and regulations. Article 13 "Ordinary commodity housing" as mentioned in Article 31 of the Measures shall meet the following conditions: (1) It shall be built in accordance with the basic architectural design standards and quality and safety technical specifications stipulated by the state; (two) with roads, public transportation, water supply and drainage, electricity, communications and other basic living conditions, and adapt to local public facilities; (3) Other conditions suitable for the local social and economic development level. Article 14 The average cost of the development and construction of ordinary commercial housing includes the sum of the cost of obtaining land use rights, construction and installation costs, various fees, taxes, management fees and other expenses. The average profit of the development and construction of ordinary commercial housing is determined by the evaluation agency. Fifteenth directly managed public houses or self-managed public houses property units have no objection to the lease relationship of the users of the existing residential houses, and shall be handled in accordance with the provisions of Article 33 of the Measures for the Demolition of Public Residential Houses with Rent Standards stipulated by the government; If a unit that directly manages public houses or has self-managed public houses has any objection to the lease relationship of the current users of residential houses, it shall be settled by both parties through consultation. If no agreement can be reached within the demolition period, the demolition person shall exchange the property rights of the demolished person. The house with property right exchange is used by the current user. Article 16 Article 34 of the Measures refers to the usable area of 34 square meters specified in the Code for Residential Design (GB 50096- 1999, 2003 edition). Demolition in accordance with the provisions of the "measures" article thirty-fourth of the demolition or public housing tenant compensation standards in accordance with the new ordinary commercial housing evaluation benchmark unit price, regardless of the floor, orientation, new and other factors. If there is any objection to the demolition of only one residential house or the lessee of public housing, the demolition shall make an inquiry to the housing management department, the unit where the demolition or the lessee of public housing is located or the subdistrict office of residential area; The housing management department, the unit where the demolished person or the lessee of public housing works or the neighborhood office of the residential area shall assist in the relevant work and issue relevant certificates in time. Many people * * * have a house that has been demolished, and the property registration is still a house, which is determined according to the property registration. After the demolished person or public housing tenant conceals relevant property information and illegally obtains the minimum Xing Tao security area, if the demolished person has evidence to prove that he should not enjoy the minimum Xing Tao security area, the demolished person or public housing tenant shall bear corresponding civil liabilities. Seventeenth demolition in accordance with the "measures" provisions of article thirty-fourth of the demolition or public housing tenant compensation, it should be relevant information archiving, and reported to the housing demolition authorities for the record. Article 18 When the dismantler makes compensation and resettlement for the lessee of public residential housing rented according to the rent standard stipulated by the government according to the provisions of Article 34 of the Measures, the part between the minimum Xing Tao area standard and the original housing area will only compensate the lessee, and the dismantler will not be compensated. Nineteenth resettlement houses should be designed and built in accordance with the standards of ordinary commercial housing. In order to facilitate the design and construction of resettlement houses and the selection of demolished houses, on the basis of meeting the minimum residential design area stipulated by the state, small and medium-sized Taoxing houses with different areas and grades can be built according to the resettlement needs for the demolition people to choose. Twentieth people who choose to move back, should be taken to provide housing with the corresponding level range of compensation area; Enjoy the minimum guaranteed area and pay the price difference, you can choose a house higher than the guaranteed area. Do not accept monetary compensation for the demolished houses. Article 21 If the owner of the demolished private house or the lessee of the demolished public house is unable to settle the difference between the resettlement house and the monetary compensation amount and chooses to pay by installment, the down payment shall not be lower than the compensation amount due for demolition, and other matters for installment payment shall be determined by the demolition parties through consultation; If you choose to rent a house, the rent standard shall be paid according to the rent standard stipulated by the government. Twenty-second "measures" provisions of article forty-third of the demolition of housing accessories compensation standards see annex. Twenty-third "measures" provisions of article forty-fifth of the housing replacement into a new price by the assessment agencies to determine the assessment. Article 24 The following houses to be demolished are houses with unclear property rights as mentioned in Article 47 of the Measures: (1) The owner of property rights cannot be determined through legal procedures; (2) The property right of the house is controversial; (three) the whereabouts of the property owner is unknown. Article 25 The standards of relocation allowance, temporary resettlement allowance and compensation for suspension of production and business as stipulated in Article 49 of the Measures are as follows: (1) The one-time relocation allowance shall be calculated according to the construction area of the house to be demolished, with 20 yuan per square meter for residential houses and 25 yuan per square meter for private non-residential houses. Because the resettlement houses provided by residents are houses to be built or under construction, and residents need to move twice, the residents will pay the subsidy for the second move. (two) during the transition period, the monthly temporary resettlement subsidy is calculated according to the construction area of the demolished house per square meter 15 yuan. If the monthly temporary resettlement subsidy is insufficient in 500 yuan, it shall be calculated in 500 yuan; If you choose monetary compensation, you will be given a one-time temporary resettlement subsidy of 6 months. (three) the standard of compensation for one-time suspension of production and business is calculated according to the construction area of private non-residential houses to be demolished. 30 yuan per square meter for business and production premises, and 20 yuan per square meter for other non-residential premises. "Measures" Article 26 Article 49 If the transition period is extended due to the responsibility of the demolition, the demolition shall find the demolition of the transitional resettlement house or the lessee of the house from the overdue month to double the temporary resettlement subsidy. Article 27 According to the provisions of Article 50 of the Measures, if the demolition parties have any objection to the construction area of the house to be demolished, the dissenting party shall, within 20 days after the announcement of demolition, entrust the housing surveying and mapping institution recognized by the municipal housing ownership registration authority to measure the actual legal construction area of the house and issue a report on the measurement results. If the measurement report issued by the house surveying and mapping agency is not provided within the period of demolition, the building area of the house shall be subject to that specified in the house ownership certificate. Twenty-eighth demolition of private housing property owners or public housing tenants in the demolition period to sign the demolition compensation and resettlement agreement and complete the relocation, relocation incentive fee of 5000 yuan; Before the expiration of the demolition period, every day in advance, 500 yuan will be given an incentive fee for early relocation. The total of relocation incentive fee and early relocation incentive fee shall not exceed 10000 yuan. Those who fail to move within the time limit will not be rewarded. If the parties have disputes over the collection of relocation incentive fees and early relocation incentive fees, they shall settle them through consultation; If negotiation fails before relocation, it shall be temporarily kept by the residents, and shall be handled according to the agreement after reaching an agreement. Twenty-ninth "measures" have been taken before the promulgation and implementation of the project, still according to the prescribed time.