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 on the Administration of Urban House Demolition and the Measures for the Administration of Urban House Demolition in Anhui Province, combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the demolition of houses on state-owned land within the urban planning area of this Municipality 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 unit or individual that has a legal housing lease relationship with the person being demolished.
Fourth city and county real estate administrative departments (hereinafter referred to as the demolition management department) shall supervise and manage the urban housing demolition within their respective administrative areas.
People's governments at all levels and their functional departments and agencies shall perform their respective duties and do a good job in the management of urban housing demolition.
Fifth demolition shall be carried out in accordance with the provisions of these measures; The person to be demolished and the lessee of the house shall obey the needs of construction and complete the relocation within the specified relocation period.
Chapter II Demolition Management
Sixth housing demolition, it shall submit a written application to the demolition management department, and submit the following materials at the same time, and obtain the housing demolition permit before the implementation of the demolition:
(a) the approval document of the construction project;
(two) the construction land planning permit or the approval plan for the planning and design of the construction project;
(three) the approval document of the right to use state-owned land;
(four) the demolition plan and demolition plan;
(five) the certificate of deposit of demolition compensation and resettlement funds issued by financial institutions.
If the land reserved by the government needs to be demolished before the transfer, the land reserve institution shall be taken as the demolition unit, and the information specified in Items (1) and (2) of the preceding paragraph shall not be provided.
The demolition management department shall, within 30 days from the date of receiving the application, review the application matters; Upon examination, if it meets the requirements, it shall issue a house demolition permit and a house demolition notice.
Seventh demolition plan and demolition plan shall include the following contents:
(a) the scope, manner and duration of the demolition;
(two) the basic situation of the structure, use, completion date, construction area, property rights and registration of the house within the scope of demolition;
(three) the estimation of compensation and resettlement expenses and the implementation of compensation and resettlement funds;
(four) to provide the general situation, plane location map and estimated price of the resettlement house;
(five) the demolition compensation and resettlement plan;
(six) the implementation steps of the demolition;
(seven) other matters that need to be explained.
Article 8 The demolisher shall carry out house demolition within the scope and time limit specified in the house demolition permit.
When the time limit stipulated in the demolition permit expires, the demolition person shall stop the demolition activities; Need to extend the demolition period, the demolition shall go through the examination and approval procedures in accordance with the original examination and approval procedures.
Ninth people can take their own demolition, demolition can also entrust a qualified housing units. But the use of state-owned funds, state financing construction projects, the demolition should be entrusted to the demolition, and through the tender to determine the entrusted demolition unit.
Demolition or entrusted demolition should be honest, fair and civilized, and engage in demolition activities according to law.
The people's governments at all levels and the demolition management departments shall not be taken as demolition persons, and units that do not have the qualifications for house demolition shall not accept or accept the entrustment of demolition in disguise.
Article 10 Where a demolisher accepts the entrustment of demolition, he shall conclude a demolition contract with the entrusted demolition unit and report the demolition contract to the demolition management department for the record.
Eleventh after the announcement of the demolition, the units and individuals within the scope of the demolition shall not carry out the following activities:
(1) Building, expanding and rebuilding houses;
(two) the change of housing and land use, except as otherwise provided in these measures;
(3) renting a house.
The demolition management department shall, at the same time as the announcement of house demolition, notify the relevant departments in writing to suspend the handling of the matters listed in the preceding paragraph, and the relevant procedures shall not exceed 1 year; If it is really necessary to extend the suspension period, it shall be reported to the demolition management department for approval before the expiration of the suspension period of 15, and the extension of the suspension period shall not exceed 1 year.
Twelfth demolition shall be carried out in accordance with the following procedures:
(a) to publicize the demolition compensation and resettlement plan to the units and individuals within the scope of demolition, and do a good job in publicity and explanation;
(two) to verify the property right, use and physical quantity of the house and its attachments, and to register them;
(three) with the demolition, housing tenant demolition compensation and resettlement agreement; Unable to reach an agreement on compensation and resettlement for demolition, apply for a ruling according to law;
(4) Organizing house demolition, or applying for compulsory demolition according to law.
Thirteenth demolition shall not require the demolition or housing tenant to move first, and then conclude the demolition compensation and resettlement agreement.
The demonstration text of the demolition compensation and resettlement agreement is provided by the demolition management department for the reference of the demolition parties.
Fourteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolition person or lessee refuses to move within the specified relocation period, the demolition person may apply for arbitration or bring a lawsuit according to law. During arbitration and litigation, the demolisher may apply to the people's court for enforcement according to law.
Fifteenth demolition parties can not reach a demolition compensation and resettlement agreement to apply for a ruling, the demolition management department ruled. The demolition management department for the demolition, decided by the people's government at the same level. The ruling organ shall make a ruling with reference to the "Provisions on Administrative Ruling of Urban Housing Demolition" issued by the Ministry of Construction. The ruling shall be made within 30 days from the date of accepting the application.
If a party refuses to accept the ruling, it may apply for reconsideration or bring a lawsuit according to law. If the demolisher has given monetary compensation to the demolished person or provided resettlement housing, if the demolished person has provided housing to the lessee, the execution of the demolition will not be stopped during the reconsideration and litigation.
Article 16 If the demolished person or lessee refuses to relocate within the relocation period stipulated in the ruling, the demolition management department shall report to the people's government at the same level for a compulsory relocation decision upon the written application of the demolished person, or the demolition management department shall apply to the people's court for compulsory execution.
No unit shall carry out forced demolition without legal procedures, and shall not participate in illegal forced demolition activities.
If the demolisher refuses to receive the compensation for demolition, he shall apply for notarization in escrow.
Seventeenth people who apply for compulsory demolition shall submit the following materials to the demolition management department:
(a) the reasons for the demolition or the lessee does not agree to the demolition;
(two) the evidence preservation certificate of the demolished house;
(three) to provide proof of housing or compensation funds to the demolished person or lessee.
Eighteenth administrative compulsory demolition shall be handled in accordance with the following procedures:
(a) the demolition management department shall, after accepting the application for compulsory demolition, put forward opinions on compulsory demolition within 10 days, and attach a copy of the house demolition permit, ruling and other relevant materials to the people's government at the same level;
(II) The people's government of the city or county shall, after receiving the opinions on forced relocation, make a written decision on forced relocation within 10, and instruct the relocation management department, urban management administrative law enforcement, public security department, urban people's government, sub-district office and other units to organize personnel to implement forced relocation;
(three) the demolition management department shall inform the demolition parties 7 days before the implementation of compulsory demolition;
(4) When compulsory demolition is carried out, the person subjected to execution shall move out the articles and hand them over to the person subjected to execution for reception; If the person subjected to execution refuses to be present at the scene or refuses to move out of the goods, it shall be notarized in escrow.
Nineteenth in the demolition period stipulated in the house demolition permit, the demolition shall not stop water supply, power supply, gas supply and other acts that affect the production and life of the demolition or lessee.
Twentieth units that demolish houses shall formulate detailed construction and safety plans before demolishing houses, and report them to the municipal and county construction administrative departments for the record; When demolishing houses, civilized construction and safe construction shall be carried out, and the relevant departments shall accept the supervision of environmental sanitation and safety during the demolition process.
Twenty-first residents should open a special account for compensation and resettlement funds in the financial institution where the demolition is located. In principle, the funds deposited are not less than the estimated total amount of compensation and resettlement funds for demolition, and the houses used for resettlement can be discounted.
The funds for compensation and resettlement for demolition shall all be used for compensation and resettlement for house demolition and shall not be used for other purposes. Without the consent of the demolition management department, the demolition shall not use the compensation and resettlement funds for demolition, and financial institutions shall not allocate funds. Measures for the supervision of the use of compensation and resettlement funds for demolition shall be formulated and promulgated by the demolition management department in conjunction with the financial administrative department.
Twenty-second demolition management departments shall supervise and inspect the urban housing demolition activities according to law, and the units under inspection shall truthfully provide information and materials.
Chapter III Compensation and Resettlement for Demolition
Twenty-third demolition of houses with legal property rights certificates, the demolition should give compensation to the demolition.
The legal property right certificate mentioned in the preceding paragraph refers to the property right certificate, the construction project planning permit, the property right registration file or other valid property right certificates.
Article 24 the demolition of illegal buildings and temporary buildings and temporary commercial outlets (stalls) that have been approved for more than 2 years will not be compensated, and the owner will dismantle them within 30 days from the date of demolition specified in the house demolition permit; If it is not removed within the time limit, it shall be removed by the demolisher himself, and the demolished materials shall be owned by the demolisher, and the temporary building shall be demolished within the approved service period. Demolition should be combined with the remaining service life, in accordance with the city and county people's government approved the benchmark price of monetary compensation in simple houses to give monetary compensation.
Twenty-fifth housing demolition compensation monetary compensation or housing property rights exchange. Unless otherwise stipulated by laws and regulations, the compensation method for demolition shall be chosen by the demolished person.
Twenty-sixth the identification of the structure, use and construction area of the house to be demolished shall be subject to the matters recorded in the certificate of legal property rights of the house.
1 April 9901If the use of the house has been changed before the implementation of the Urban Planning Law of People's Republic of China (PRC) and continues to be used with the changed use, the demolished person may apply to the real estate registration department within 5 days from the date of demolition specified in the house demolition permit; For those who meet the requirements, the housing property registration department shall make change registration within 10 days from the date of accepting the application, and determine the use after the change registration.
Twenty-seventh the amount of monetary compensation for the demolition of houses, by the demolition and demolition in accordance with the city and county people's government approved the benchmark price of monetary compensation for urban housing demolition and adjustment coefficient agreed; If no agreement can be reached, it shall be determined according to the evaluation price of the real estate market;
The amount of monetary compensation for appendages, trees and green spaces within the interior decoration of houses and land use rights with legal property rights certificates shall be determined with reference to the compensation standards approved by the people's governments of cities and counties.
Twenty-eighth the implementation of housing property rights exchange, the demolition and demolition in accordance with the provisions of article twenty-seventh of these measures to calculate the amount of monetary compensation for demolition and resettlement housing prices, settlement of housing property rights exchange price difference. The construction area of newly-built resettlement houses shall be subject to the area surveyed by qualified real estate surveying and mapping agencies.
Demolition of attachments to non-public housing, no property rights exchange; Demolition should be given monetary compensation.
Twenty-ninth demolition of public housing, urban planning requires on-site reconstruction, the demolition should be rebuilt; Did not require on-site reconstruction, given monetary compensation by the demolition.
Article 30 Where the demolished person belongs to a family with special difficulties in life, and the construction area of the demolished residential house is lower than the per capita housing construction area of the city or county in the previous year, the demolished person shall provide resettlement houses that are not lower than the per capita housing construction area of the city or county in the previous year when the house property rights are exchanged.
In accordance with the provisions of the preceding paragraph, if the price of the resettlement house is higher than the monetary compensation of the demolished person, the price difference between the demolished house and the resettlement house will not be settled. The determination of the family population mentioned in the preceding paragraph is based on the records in the household register of urban residents and the family members approved by the civil affairs department; However, if there is no lineal relatives or legal support or maintenance relationship between the family members of the security object and the demolished person, it will not be recognized.
The demolisher shall publicize the identity certificate of the demolished person's residence and family population in the demolition area for 7 days.
Thirty-first demolition of rental housing, one of the following circumstances, the demolition of compensation for the demolition.
(a) the demolition and the lessee terminate the lease relationship;
(two) to resettle the residents of the demolished houses;
(three) the right to use the house in accordance with the law.
If the demolished person and the lessee fail to reach an agreement on terminating the lease relationship, the demolished person shall exchange the property rights of the demolished person, and the resettlement house shall continue to be leased by the original lessee. The demolished person and the original house lessee shall re-conclude the house lease contract.
Thirty-second residential housing demolition belongs to the direct management of public housing or self-management of public housing units, housing tenants can be in accordance with the relevant provisions of the housing reform, as compensation for demolition. If the lessee is an employee of a non-property unit, he shall enjoy the treatment of the employee of the property unit.
Non-residential houses that have all or part of the demolition property units changed into residential purposes shall be compensated in accordance with the provisions of the preceding paragraph, except for collective dormitories.
Thirty-third demolition of houses mortgaged according to law shall notify the mortgagee within 5 days from the demolition date specified in the house demolition permit; Demolition compensation shall be implemented in accordance with the following provisions:
(a) terminate the mortgage contract, or set collateral, with the written consent of the mortgagee, to compensate the demolition;
(2) If the mortgage contract cannot be terminated, it shall be paid in accordance with the payment order stipulated by law.
Thirty-fourth houses demolished by the people's court shall be removed in accordance with the requirements of the people's court.
Thirty-fifth houses to be demolished in any of the following circumstances, the demolition compensation and resettlement plan submitted to the demolition management department for examination and approval, before the implementation of the demolition:
(a) there is a property right dispute;
(two) the whereabouts of the property owner is unknown;
(three) some people in the house can not reach an agreement on the compensation method for demolition.
Before the houses listed in the preceding paragraph are demolished, the demolisher shall apply to the notary office for evidence preservation on matters related to the demolished houses.
The right to use the house to be demolished is controversial, or the whereabouts of the lessee are unknown, with reference to the provisions of the previous one or two paragraphs.
Thirty-sixth people should be taken in accordance with the standards approved by the people's government of the city or county, to be taken or the lessee to pay the relocation subsidies for pipeline gas, telephone, cable TV, air conditioning and other facilities. The demolished person is responsible for the relocation and restoration of facilities, and does not pay the relocation subsidy for facilities.
Thirty-seventh people should be taken in accordance with the standards approved by the municipal and county people's governments to pay relocation subsidies to the demolished residential houses or lessees.
Demolition of non-residential houses, demolition matters by the parties to resolve through consultation; If negotiation fails, the parties involved in the demolition shall organize the relocation, and the expenses required shall be borne by the demolition.
Non residential housing relocation costs include the following:
(a) the cost of transporting the goods;
(2) Expenses for equipment disassembly, relocation, installation and debugging;
(three) the equipment that can not be restored to use shall be combined into a new settlement fee according to the replacement price.
Thirty-eighth monetary compensation, the temporary transition period is 6 months.
The implementation of housing property rights exchange, the use of existing housing placement, the temporary transition period is 4 months; If the house is placed in the auction house, the temporary transition period shall be subject to the period agreed in the demolition compensation and resettlement agreement or award, and the residential transition period shall not exceed 18 months, and the non-residential transition period shall not exceed 24 months.
Thirty-ninth temporary transition period, the demolition or housing tenant to solve the housing turnover, the demolition should be in accordance with the standards approved by the municipal and county people's government to pay temporary resettlement subsidies. Demolition of unauthorized extension of the transition period, it should be from the overdue month in accordance with the standards approved by the people's government of the city or county 2 times to pay temporary resettlement subsidies; Provided by the demolition of housing turnover, from the overdue month, in accordance with the standards approved by the people's government of the city or county to pay temporary resettlement subsidies.
Fortieth due to the demolition of non-residential houses caused by the suspension of production or business, in the transition period, the demolition of people in accordance with the standards approved by the municipal and county people's governments to pay compensation for suspension of production or business.
Forty-first people who have been demolished have obtained the ownership of resettlement houses through property rights exchange, and the part of the construction area of resettlement houses equal to the construction area of the houses to be demolished shall be exempted from deed tax; If a house is purchased by means of monetary compensation, the part of the price of the house purchased equal to the monetary compensation amount of the house to be demolished shall be exempted from tax.
Forty-second housing demolition involves the relocation of public facilities or various pipelines, the owner shall move within the demolition period specified in the housing demolition permit, and the required relocation expenses shall be borne by the demolition person.
Chapter IV Demolition Assessment
Forty-third need to determine the amount of monetary compensation for the demolished houses according to the evaluation price of the real estate market, which shall be evaluated by a qualified real estate appraisal agency (hereinafter referred to as the appraisal agency) through consultation between the demolisher and the demolished. If the parties fail to reach an agreement on the selection of assessment agencies, the demolition management department will draw lots to determine the assessment agencies; The demolition management department shall announce the time and place of the lottery in the demolition area 2 days before the lottery. Once the evaluation institution is determined, the demolition shall go through the entrusted evaluation procedures and bear the evaluation expenses.
Forty-fourth assessment agencies to assess the demolition of houses, should abide by professional ethics and the provisions of these measures, in accordance with the real estate valuation norms and the time and matters agreed in the contract, and shall not transfer the valuation business without authorization.
Article 45 The appraisal purpose of demolition appraisal is the compensation appraisal of house demolition; The appraisal object is the demolished house and the land use right within the occupied area of the house; The evaluation date is the demolition start date specified in the house demolition permit; The adopted value standard is the benchmark price and adjustment coefficient of monetary compensation for urban housing demolition approved by the people's governments of cities and counties, combined with the fluctuation factors of real estate market prices; The evaluation price should be accurate to yuan.
Forty-sixth assessment agencies to carry out valuation business, the demolition parties have the obligation to provide the assessment agencies with legal and true information necessary for the demolition assessment, and assist the assessment agencies to inspect the site.
The evaluation institution shall inform the parties involved in the demolition before the on-site investigation. When investigating the site, if the demolished person refuses to go to the site or refuses to evaluate, the evaluation institution may evaluate the house according to the legal property right certificate and the appearance of the house to be demolished, and entrust a notarization institution to conduct on-site notarization.
Forty-seventh demolition evaluation price publicity system. Within 2 days after the assessment agency completes the assessment business, it shall publicize the assessment results of the demolition in the demolition area. The publicity content includes the name of the person to be demolished, the location of the house to be demolished, the evaluation factors, the evaluation basis, the evaluation price, the address and telephone number of the evaluation institution, the date of publicity, and the seal of the evaluation institution. People who have been taken can ask the evaluation agency for the evaluation results report, and the evaluation agency has the obligation to explain the evaluation results to the parties involved in the demolition.
Forty-eighth demolition parties have objections to the evaluation results, you can apply to the demolition management department for appraisal within 10 days from the date of the evaluation results publicity; After receiving the application for valuation, the demolition management department shall set up a real estate appraisal agency for valuation within 5 days.
The appraisal institution shall submit the necessary technical data to the real estate appraisal institution, and shall be obliged to explain to the appraisal institution the basis of appraisal, the methods adopted and the process of producing appraisal results.
Forty-ninth demolition parties apply for appraisal, appraisal conclusion as the basis of the ruling authority; If the applicant fails to apply for appraisal within the time limit, the appraisal result shall be used as the basis for the ruling of the ruling organ. The appraisal fee shall be borne by the appraisal applicant.
Chapter V Legal Liability
Fiftieth one of the following acts, the demolition management department shall be punished in accordance with the "Regulations" and "Anhui city housing demolition management measures":
(a) the implementation of house demolition without obtaining a permit for house demolition;
(two) to obtain the permit for house demolition by deception;
(three) the demolition is not carried out in accordance with the scope of demolition specified in the house demolition permit;
(four) commissioned units that do not have the qualification for demolition to carry out demolition;
(five) the entrusted demolition unit transfers the demolition business without authorization;
(six) the assessment agencies failed to assess the demolished houses according to law;
(seven) to extend the demolition period without authorization.
Article 51 If the entrusted demolition unit colludes maliciously with one of the demolition parties and damages the legitimate interests of the other party, it shall be liable for compensation according to law.
Fifty-second government workers who issue false materials for the demolition parties shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 53 Whoever refuses, obstructs, insults or beats the staff of the demolition management department to perform official duties according to law shall be punished by the public security organ 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.
Article 54 If the demolition management department and its staff commit any of the following acts, the directly responsible person in charge and other responsible personnel shall be given a warning or demerit; If the circumstances are serious, give a demerit until dismissal; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) did not make a specific administrative act according to law;
(two) as a demolition or entrusted demolition;
(three) failing to perform the duties of supervision and management of demolition activities according to law;
(four) dereliction of duty, favoritism, abuse of power, corruption and bribery.
Chapter VI Supplementary Provisions
Fifty-fifth city and county urban housing demolition monetary compensation benchmark price and adjustment coefficient shall be formulated by the demolition management department in conjunction with the price and land administrative departments at the same level, and announced after approval by the people's government at the same level.
Other compensation and subsidy standards for urban housing demolition in cities and counties shall be formulated by the demolition management department in conjunction with the competent price department at the same level and announced after being approved by the people's government at the same level.
Article 56 These Measures shall come into force as of September 6, 2004. 199 1 year1On October 26th, the Regulations on the Administration of Urban House Demolition in Huainan City promulgated by the Municipal People's Government shall be abolished at the same time.
August 2004 16
Huainan Municipal People's Government