Article 1 In order to regulate the expropriation and compensation activities of houses on state-owned land, safeguard public interests and protect the legitimate rights and interests of the owners of houses to be expropriated, these Measures are formulated in accordance with the relevant provisions of the Regulations on Expropriation and Compensation of Houses on State-owned Land and the actual situation of this Municipality.
Article 2 These Measures shall apply to the expropriation and compensation of houses on state-owned land within the administrative area of this Municipality.
Article 3 The municipal real estate administrative department is the administrative department in charge of the expropriation and compensation of houses on state-owned land in this Municipality, and the municipal state-owned land house expropriation management institution to which it belongs is responsible for the daily management, and supervises and guides the work of the district and county (city) house expropriation departments.
District and county (city) people's governments shall be responsible for the house expropriation and compensation within their respective administrative areas. District, county (city) people's government to determine the housing levy department, responsible for organizing the implementation of the administrative area of housing levy and compensation.
Development and reform, planning and land resources, construction, administrative law enforcement, industry and commerce, auditing, finance, civil affairs, taxation, supervision and other departments shall, in accordance with the division of responsibilities, do a good job in housing expropriation and compensation.
Article 4 The competent department of house expropriation in the city shall conduct training and assessment on laws, regulations and related knowledge for the house expropriation staff in the city.
Chapter II Collection Decision
Article 5 According to relevant laws and regulations, if it is really necessary to expropriate houses due to public interests, the people's governments of districts and counties (cities) shall make a decision on the expropriation of houses.
Article 6 The district and county (city) people's governments shall apply to the departments of development and reform, planning, land and resources, and relevant departments shall issue relevant supporting documents:
(a) the development and reform department issued a certificate that the project conforms to the national economic and social development plan;
(two) the planning department of land and resources issued a certificate that the project conforms to the overall land use planning;
(three) the certificate issued by the planning department of land and resources that the project conforms to urban and rural planning;
(4) Other relevant materials that need to be issued.
Article 7 After the scope of house expropriation is determined, the units and individuals within the scope of expropriation shall not engage in the following acts of improperly increasing compensation fees, and no compensation shall be given in violation of the provisions:
(a) new construction, renovation and expansion of houses and their ancillary facilities;
(2) Changing the use of houses and land;
(3) Housing lease;
(4) Industrial and commercial registration of enterprises;
(five) other acts of improper increase of compensation fees.
District, county (city) housing expropriation departments shall notify in writing the planning and land resources, construction, industry and commerce, civil affairs, taxation and other departments to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension of relevant formalities shall specify the suspension period. The maximum suspension period shall not exceed 1 year.
Eighth district, county (city) housing expropriation departments organize the investigation and registration of the ownership, location, use and construction area of the houses within the scope of expropriation, and the expropriated person shall cooperate. The survey results shall be announced to the expropriated person within the scope of house expropriation.
Ninth district, county (city) housing levy departments to develop compensation programs, reported to the people's government at the same level for approval.
District and county (city) people's governments shall organize relevant departments to demonstrate the compensation scheme, and publish it with the consent of the municipal house expropriation department for public comments. The time for soliciting opinions shall not be less than 30 days.
Tenth district and county (city) people's governments shall solicit opinions, and the revised plan shall be published within 05 days after the end of the consultation period.
Because of the need to expropriate houses due to the transformation of the old city, if more than half of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of laws and regulations on expropriation, the district and county (city) people's governments shall organize a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing.
Eleventh district and county (city) people's governments shall, before making a decision on house expropriation, conduct social stability risk assessment in accordance with relevant regulations; Housing expropriation projects involving more than 1000 households shall be discussed and decided by the district and county (city) people's government executive meeting.
Twelfth district and county (city) people's government before making a decision on housing expropriation, compensation fees should be fully in place, special storage, earmarking.
Thirteenth district, county (city) people's government made a decision on housing expropriation, it shall promptly publish an announcement. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters.
District and county (city) people's governments and housing expropriation departments shall do a good job in the publicity and explanation of housing expropriation and compensation.
If houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time.
Fourteenth district and county (city) housing expropriation departments shall, within 7 days from the date when the people's government at the same level makes the decision on housing expropriation, report the decision on housing expropriation to the municipal housing expropriation department for the record.
Chapter III Compensation
Article 15 The district, county (city) house expropriation department and the expropriated person shall, in accordance with the provisions of these Measures, conclude a compensation agreement on matters such as compensation method, compensation amount and payment term, location and area of the property right exchange house, relocation fee, temporary resettlement fee or revolving house, loss of production or business suspension, relocation period, transition mode and transition period.
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.
The demonstration text of the expropriation compensation agreement shall be uniformly supervised by the municipal housing expropriation department in conjunction with the administrative department for industry and commerce.
Article 16 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 announcement of the house expropriation decision. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method.
If there is any objection to the value of the expropriated house determined by the assessment, it may apply to the real estate price assessment agency for review and assessment. If there is any objection to the results of the review, you may apply to the municipal real estate price evaluation expert Committee for appraisal.
Seventeenth city housing levy departments to engage in housing levy real estate price assessment agencies to implement the credit management system, and publish the list every year.
Article 18 The process of establishing an evaluation institution shall be conducted in accordance with the following procedures:
(a) before making a decision on expropriation, the municipal housing expropriation department will publish the information such as the scope and scale of expropriation in the public media, and send an invitation to a qualified appraisal institution;
(two) after the approval of the assessment agencies by the competent department of housing expropriation, the list of qualified assessment agencies will be publicized within the scope of expropriation. The district/county (city) house expropriation department shall issue the expropriation ticket to the expropriated person for a period of 10 day;
(three) the district and county (city) housing levy department is responsible for statistical feedback, and the results will be announced after confirmation by the municipal housing levy department. The number of feedback votes recovered should exceed 50% of the total number of people being collected. The evaluation institution that receives more than 50% of the feedback votes and gets the most votes can be determined as the evaluation institution of the project;
(four) the selection rate of assessment agencies is less than 50% of the feedback votes, and the top three assessment agencies are selected by the district and county (city) housing expropriation departments to re-issue the solicitation tickets to the expropriated people for a period of 5 days;
(five) District, county (city) housing levy department feedback statistics again, and announced the results after confirmation by the municipal housing levy department. The number of feedback votes recovered should exceed 50% of the total number of people being collected. The evaluation institution that receives more than 50% of the feedback votes and gets the most votes can be determined as the evaluation institution of the project;
(six) the above methods failed to determine the assessment agencies, in the top three assessment agencies, randomly determined by lottery. District, county (city) housing levy department shall publicize the time and place of the lottery at the scene 3 days in advance, and invite a notary public to be present for notarization.
Nineteenth compensation methods include monetary compensation and property rights exchange.
If the expropriated person chooses to exchange houses with property rights, the district and county (city) people's governments shall provide 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.
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 district and county (city) people's government that made the decision on house expropriation shall provide the houses in the reconstruction area or nearby areas.
Twentieth residential housing construction, should be based on small and medium-sized units, in principle, the construction area of not less than 50 square meters, not more than 90 square meters. If there is a difference between the actual resettlement area and the area selected by the expropriated person, it shall be resettled according to the actual area.
Twenty-first residential houses that are placed on the spot nearby will be changed from multi-storey (including bungalows) to high-rise buildings, and the area will be increased according to 65+00% ~ 20% of the building area of the expropriated houses. From high-rise to high-rise or from multi-storey (including bungalows) to multi-storey, the area will be increased according to 5% of the building area of the expropriated house. For the resettlement of residential buildings in different places, the improvement area will increase by 10% for each land grade reduction.
Twenty-second nearby local resettlement of residential houses, do not charge the original construction area and improve the area of the fee. If the part exceeding the sum of the two areas is less than15m2 (including15m2), it shall be settled according to the assessed price of the expropriated house real estate market, and the part exceeding15m2 shall be settled according to the market price of the resettlement house.
Twenty-third residential housing placement in different places, the original construction area and improved area are not charged. The part that exceeds the sum of the two areas and is less than15m2 (including15m2) shall be settled according to the lowest price between the assessed real estate market price of the expropriated house and the market price of the resettlement house, and the part that exceeds15m2 shall be settled according to the market price of the resettlement house.
Twenty-fourth expropriation of residential houses, the implementation of monetary compensation, compensation standards in the real estate market to be expropriated on the basis of the assessed price of floating 20% ~ 30%. District and county (city) people's governments shall determine the specific floating ratio according to the actual situation of the location of the expropriation project, the different types of houses to be expropriated, the age of the building and the structure.
Twenty-fifth collection of residential housing with a construction area of less than 50 square meters, giving area subsidies. Subsidized area =50 square meters-the construction area of the expropriated house.
Twenty-sixth expropriation of private residential housing monetary compensation, monetary compensation amount is calculated according to the following formula:
The monetary compensation amount of the expropriated person = the building area of the expropriated house ××( 1+ floating ratio)+the subsidized area ××( 1+ floating ratio) ×40%.
If property right exchange is selected, the amount of area subsidy shall be deducted from the house payment that should be settled by the expropriated person.
Article 27 If the original lease relationship is terminated when the public residential houses are expropriated and the rent standards set by the government are implemented, the district and county (city) people's governments shall compensate the expropriated people according to the housing reform policy at the time of expropriation.
Compensate the difference between the amount of monetary compensation provided by the lessee in accordance with Article 26 of these Measures and the purchase price payable in accordance with the housing reform policy at that time.
Twenty-eighth expropriation of non residential housing, the original lease relationship terminated, the implementation of property rights exchange, the district and county (city) people's government shall settle the price difference with the expropriated person.
The lessee may re-conclude a lease contract with the expropriated person. If the lessee does not continue to lease the house, the district and county (city) people's governments shall compensate the party and government organs, institutions and state-owned enterprises at 60% of the assessed price of the expropriated house real estate, and exchange the property rights of the expropriated person at 40% of the assessed price of the expropriated house real estate; Without compensation to other lessees, the district and county (city) people's governments shall exchange the property rights of the expropriated people according to the assessed price of the expropriated real estate.
During the transition period of housing property rights exchange, the district and county (city) people's governments shall give transitional compensation according to the rent standard agreed in the original lease agreement of the expropriated public houses, and compensate the lessee for the loss of production and business suspension.
Twenty-ninth expropriation of private houses, religious groups, the implementation of policy return a house, the original lease relationship is terminated, the amount of monetary compensation is calculated in accordance with the following provisions:
(a) the calculation formula for the amount of compensation for the expropriated person is:
The monetary compensation amount of the expropriated person = the construction area of the expropriated house × the appraised price of the expropriated house real estate market.
The compensation for the lessee of the house shall be implemented in accordance with Article 27 of the Regulations on Compensation for the Tenant of Public Housing.
(two) the expropriation of non residential housing, compensation for the expropriated person in accordance with the real estate market assessment price; The lessee shall be compensated at 60% of the assessed price of the expropriated house real estate market.
Thirtieth people who meet the housing security conditions, the district and county (city) people's governments that have made the decision on housing expropriation shall give priority to housing security.
Thirty-first expropriation of housing with a construction area of less than 50 square meters and legal residence of low-income marginal families shall be given the following housing security:
If monetary compensation is selected, the original construction area will rise by 20% ~ 30% according to the market evaluation price, and the subsidized area will be calculated according to the market evaluation price. Subsidized areas do not enjoy temporary resettlement subsidies, decoration and various incentive fees.
If the property right exchange is selected, if the sum of the original construction area and the improved area is less than 50 square meters, it will be resettled according to 50 square meters, and the price difference will not be charged. For the part exceeding 50 square meters, the price difference shall be settled according to Article 22 and Article 23.
Thirty-second the purpose and construction area of the house to be expropriated shall be subject to the records of the house ownership certificate; 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.
Thirty-third expropriation of multi-storey bungalows with housing ownership certificate or housing lease certificate, there is a separate account corresponding to it. Houses with independent living conditions should be treated separately if they live independently according to their nature.
Thirty-fourth unregistered buildings within the scope of house expropriation shall be compensated if they are recognized as legal buildings by the district, county (city) people's government's planning, land and resources, construction, real estate, supervision and other departments and sub-district offices; For temporary buildings that do not exceed the approved period, compensation shall be given according to the replacement cost of the building; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.
Thirty-fifth the following unregistered houses, identified by the relevant departments of the district and county (city) people's government, meet one of the following conditions, and give corresponding compensation:
(1)1Before the promulgation of the Urban Planning Law of People's Republic of China (PRC) in April, 1990, residential houses with approval documents such as land and planning should be compensated according to certified houses;
(2) 1990 Before the promulgation of the Urban Planning Law of People's Republic of China (PRC) in April, the self-built and self-occupied residential houses with independent living conditions were compensated by 70% of the licensed houses;
(3) 1990 After the promulgation of the Urban Planning Law of People's Republic of China (PRC) in April, before the announcement of house expropriation, the owner of self-built and self-occupied houses with independent living conditions had independent accounts within the scope of house expropriation, and there were no other houses in the urban planning area of this city, and the low-income marginal households were not compensated for the expropriation.
Thirty-sixth residential housing expropriation, the district and county (city) people's government shall bear the following expenses:
(1) Relocation incentive fee. Relocation within the reward period stipulated in the collection plan shall be calculated according to the construction area. The reward standard is from 300 yuan/m2 to 500 yuan/m2, and each household is not less than 20,000 yuan. If monetary compensation is selected, each household will be rewarded again 1 10,000 yuan;
(2) One-time payment of moving subsidy per household 1000 yuan;
(3) The temporary resettlement subsidy 18 yuan/m2, calculated according to the construction area of the expropriated house, is not less than that of 800 yuan per month, and the maximum is not more than 1200 yuan. If property rights exchange is selected, the temporary transition period shall be implemented as agreed. If you don't move back within the time limit, double the temporary resettlement subsidy. Choose monetary compensation, a one-time payment of 4 months temporary resettlement subsidies;
(four) the use of residential buildings at the bottom to engage in production and operation, according to the number of employees per person a one-time subsidy 1500 yuan;
(five) telephone, cable TV and other facilities need to be relocated, pay a one-time recovery compensation fee.
Thirty-seventh expropriation of non residential housing, the district and county (city) people's government shall compensate the expropriated person according to the real estate market evaluation price of the expropriated house, and bear the following expenses:
(a) the equipment that can not be restored to use is combined into a new calculation compensation according to the replacement price;
(two) freight transportation and equipment disassembly costs;
(three) the cost of supporting facilities to restore the original production scale such as water supply, power supply, gas supply, drainage and communication;
(four) the direct loss of interest caused by the expropriation of houses.
Thirty-eighth houses to be expropriated to compensate for the loss of production or business suspension shall meet the following conditions:
(a) with land and housing ownership certificates, or legally recognized as a legal building;
(2) Having a valid business license and tax registration certificate;
(3) Having a valid tax payment certificate one month before the announcement of the collection decision.
Thirty-ninth expropriation of non-residential housing expropriated people choose monetary compensation, according to the expropriation of housing real estate market evaluation price of 6% to give a one-time compensation for the loss of production and business.
If the expropriated non-residential house chooses the house property right exchange, it shall pay the compensation for the loss of production or business suspension every month according to 5‰ of the assessed price of the expropriated house real estate market, and the period of production or business suspension shall be calculated according to the actual transition period.
If the expropriated person thinks that the loss due to suspension of production or business operation exceeds the above compensation standard for loss due to suspension of production or business operation, it shall provide the audited financial statements of the unit and the tax payment certificate issued by the tax authorities two years before the announcement of house expropriation to the district/county (city) house expropriation department, which shall entrust an evaluation agency to determine according to the assessment.
Article 40 If monetary compensation is selected for the business part that meets the following conditions by using the ground floor residence, compensation can be made for the business non-residential house according to 70% of the appraised price of the real estate market, and temporary resettlement subsidies and relocation incentive fees can be enjoyed for the residential house, but no compensation will be made for the loss of production or business suspension:
(a) the house expropriation decision was announced when it was in operation and obtained a business license according to law, and it has been operating continuously for more than two years;
(2) Obtaining a tax registration certificate according to law and having a tax payment record of more than two years;
(3) The business premises of the business license are consistent with the location of the house to be expropriated;
(4) Houses actually operated before the implementation of the Regulations on Urban and Rural Planning of Shenyang in August1year.
Property rights exchange, according to the calculation of compensation for residential housing.
Article 41 If the house expropriation is managed by the government according to law, the agreement on expropriation compensation and resettlement shall be notarized by a notary office, and the evidence shall be preserved.
Article 42 If the district/county (city) house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the district/county (city) house expropriation department shall report to the people's government that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme, and make an announcement within the scope of house expropriation.
The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 15 of these Measures.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 43 Before the district/county (city) house expropriation department reports to the people's government at the same level to make a compensation decision, it shall apply to the municipal house expropriation department for mediation, and report the relevant materials to the municipal house expropriation department for examination, and the municipal house expropriation department shall issue an examination opinion. The compensation decision shall be submitted to the municipal house expropriation department for the record within 7 days after it is made.
Article 44 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 district, county (city) people's government that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.
Forty-fifth primary and secondary school students involved in the expropriated house can study in the original school district or the school district where the household registration is located after the expropriation, and the school shall not charge school selection fees or other fees on the grounds that the students are not in the school district.
Public security, education, civil affairs, human resources and social security departments shall, in accordance with the policies and regulations, handle household registration, children's enrollment, transfer, social security and other related procedures for the expropriated person in a timely manner.
Article 46 After the signing of the expropriation compensation agreement, the expropriated person and the public housing tenant shall jointly return the land use certificate, housing ownership certificate, lease certificate and other related materials, and the district/county (city) housing expropriation department shall go through the cancellation procedures with the planning, land resources, real estate and other departments within 30 days after the house demolition.
Forty-seventh supervisory organs should strengthen the supervision of the units and their staff involved in the work of house expropriation and compensation.
Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.
Chapter IV Legal Liability
Forty-eighth acts in violation of the provisions of these measures, which have been stipulated by laws and regulations, shall be handled in accordance with the provisions of laws and regulations.
Article 49 If the district and county (city) people's governments fail to perform their duties as stipulated in the present Measures in the work of house expropriation and compensation, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, the municipal people's government shall order them to make corrections, informed criticism; If losses are caused, it shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 50 Shenbei New District, Sujiatun District, xinmin city, Liaozhong County, Faku County and Kangping County may, in accordance with the provisions of these Measures and in combination with the actual situation in the region, formulate standards for compensation, relocation incentives, loss of production or business suspension and subsidy collection, which shall be implemented after being approved by the Municipal People's Government.
Article 51 These Measures shall come into force on February 6, 1 year.