(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.
The people's governments at the city and county levels shall reward the expropriated persons who move within the prescribed relocation period.
Measures for the collection of incentives shall be formulated and promulgated separately by the people's governments of cities, counties (cities) and mining areas.
Twenty-ninth expropriation of houses on state-owned land, in the signing period, the expropriated person shall sign a house expropriation compensation agreement with the house expropriation department, and the house expropriation compensation agreement shall contain the following contents:
(a) the address, ownership, construction area, use, type, structure and floor of the house to be expropriated;
(2) compensation methods;
(three) the amount of monetary compensation, payment methods, payment terms, settlement methods, etc. ;
(four) the address, ownership, construction area, use, structure, floor and price difference settlement method of the house used for property right exchange;
(five) relocation period, relocation transition mode, transition period, relocation expenses, temporary resettlement fees, etc ... ;
(six) production, business losses and other matters;
(7) Liability for breach of contract;
(8) Other agreed matters.
The model text format of the house expropriation compensation agreement is uniformly produced and published by the municipal house expropriation department.
Thirtieth 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. The compensation for the value of the expropriated house shall be determined by the real estate price appraisal institution with corresponding qualifications according to the market average price of different types of expropriated houses determined by the house expropriation appraisal method and the house expropriation compensation scheme, and combined with the construction area, structure, old and new facilities, occupied area, land use right and other factors of the expropriated house.
The house expropriation department shall, according to the specific circumstances of the house to be expropriated, give public subsidies. The pool subsidy is determined by the real estate price appraisal institution according to the pool benchmark subsidy coefficient combined with the assessment of the expropriated house.
The benchmark subsidy coefficient is announced by the people's government of the city, county (city) and mining area.
Thirty-first the value of temporary buildings that have not exceeded the approval period or the prescribed period and have not been used for more than two years shall be assessed and determined by the real estate price assessment agency according to the replacement price of their houses multiplied by the depreciation coefficient.
The depreciation coefficient is determined according to the following provisions:
(1) If there is a time limit for examination and approval, the time limit for examination and approval shall prevail;
(2) If there is no approval period, it shall be determined according to the 2-year period.
Thirty-second real estate price appraisal institutions shall be selected by the expropriated person through consultation within the specified time; If negotiation fails, the house expropriation department shall decide by voting in accordance with the principle that the minority is subordinate to the majority, or determine by random means such as drawing lots and shaking numbers.
Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and no unit or individual may interfere.
City housing levy department shall publish a list of real estate price assessment agencies with good social reputation, strong comprehensive strength and corresponding qualifications every year for the expropriated person to choose.
Article 33 If the house expropriation department or the expropriated person has any objection to the value of the expropriated house determined by the assessment, it may apply to the original 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.
The Municipal People's Government shall organize the establishment of an expert committee on real estate price evaluation composed of real estate appraisers, urban planning and legal experts.
Article 34 The expropriated person may choose monetary compensation or house property right exchange; Due to the transformation of the old city, the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, and the people's government at the city or county level shall provide the houses in the reconstruction area or nearby areas for the expropriated person to choose.
Article 35 If the expropriated person chooses monetary compensation, the house expropriation department shall pay monetary compensation to the expropriated person.
If the expropriated person chooses the exchange of house property rights, the house expropriation department shall provide the exchange of house property rights. If the property right exchange house is an existing house, the house expropriation department and the expropriated person shall calculate and settle the difference between the monetary compensation fee and the value of the property right exchange house; If the property exchange house is an auction house, the house expropriation department and the expropriated person shall calculate the difference between the monetary compensation fee and the value of the property exchange house, and settle the difference when the house is delivered.
The value of the property right exchange house is determined by the real estate appraisal institution according to the average market price of the property right exchange house determined by the house expropriation evaluation method and the house expropriation compensation scheme, combined with the floor and other factors.
Thirty-sixth of the implementation of national rent standards for public residential housing monetary compensation, the lessee did not enjoy the national housing reform policy to buy a house, 20% of the monetary compensation paid to the expropriated person, 80% paid to the lessee, the lessee no longer enjoy the housing reform policy to buy a house; If the lessee's other houses have been purchased according to the national housing reform policy and the specified area standard, 80% of the monetary compensation fee will be paid to the expropriated person and 20% to the lessee; If the lessee has purchased housing according to the national housing reform policy, but fails to meet the specified area standard, 20% of the housing area below the specified area standard and 80% of the monetary compensation fee will be paid to the expropriated person, 80% of the housing area exceeding the specified area standard will be paid to the expropriated person, and 20% will be paid to the lessee.
Article 37 If the property rights of public residential houses subject to the rent standards stipulated by the state are exchanged, and the expropriated person or lessee fails to settle the difference, the house expropriation department may use the compensation fee for the expropriated house to purchase an equivalent house, which will be used by the expropriated person to resettle the original lessee, and a new house lease contract will be concluded.
Thirty-eighth expropriation of non-residential housing, the implementation of the national rent standards, and the expropriated person has placed the lessee of the house, it should be monetary compensation. If property rights are exchanged, the house expropriation department can use it to purchase valuable houses such as house compensation fees, and the expropriated person can use it to resettle the house lessee and re-conclude the house lease contract.
Thirty-ninth people who meet the conditions of housing security, the municipal and county people's governments should give priority to housing security.
The people's governments of cities, counties (cities) and mining areas shall give subsidies to those who have special difficulties, and the specific measures shall be formulated separately.
Fortieth because of the house expropriation and relocation, the house expropriation department shall pay the relocation fee to the expropriated person; Transitional relocation, calculated at 2 times the one-time relocation fee.
If the house used for property right exchange has not yet been built, the expropriated person can make the transition on his own. If it is indeed difficult to make the transition on its own, the house expropriation department shall provide the transition of the revolving house.
If the expropriated person chooses monetary compensation for the expropriation of residential houses, the house expropriation department shall pay the expropriated person a temporary resettlement fee of 12 months; If the expropriated person chooses the existing house for property right exchange, the house expropriation department shall pay the temporary resettlement fee for 3 months; If the expropriated person chooses to transfer the property right of the auction house by himself, the house expropriation department and the expropriated person shall agree on the transition period within the reasonable construction period of the auction house and pay the temporary resettlement fee.
The reasonable construction period of the auction house is below 6 floors 18 months, from 7 floors to 1 1 floor for 24 months, from 12 floors to 24 floors for 30 months, and from 25 floors to 36 months.
The specific standards for relocation expenses and temporary resettlement expenses shall be formulated by the people's governments of cities, counties (cities) and mining areas according to the local economic development and promulgated for implementation.
Article 41 If the transition period exceeds the agreed period in the compensation and resettlement agreement, the following provisions shall apply:
(a) for the transition of the expropriated person or lessee who implements the national rent standard, the temporary resettlement fee shall be increased on the basis of the prescribed standard from the overdue month;
1, overdue 12 months, with an increase of 50% from the overdue month;
2. Overdue 12 months but less than 24 months, increasing by 75% from overdue 13 months;
3. If it is overdue for more than 24 months, it will be increased by 100% from the 25th month.
(2) The expropriated person who provides the revolving house to the house expropriation department or the lessee who implements the national rent standard shall pay the temporary resettlement compensation monthly according to the prescribed standard according to the construction area of the expropriated house from the overdue month:
1, if the overdue period is within 12 months, it shall be paid according to 50% of the specified standard from the month of overdue;
2. If1February is overdue for less than 24 months, 75% of the stipulated standard will be collected from the overdue date of1March;
3. If it is overdue for more than 24 months, it will be collected according to the specified standard 100% from the 25th month.
If the house expropriation department and the expropriated person have otherwise agreed in the preceding paragraph, such agreement shall prevail.
Forty-second the value of the interior decoration of the expropriated house, the relocation and installation costs of machinery and equipment, materials, gas, heating, air conditioning and water heaters, and the compensation for the loss of production or business suspension shall be determined by the expropriated parties through consultation; If negotiation fails, you can entrust a real estate price assessment agency for assessment.
After the compensation fee specified in the preceding paragraph is determined, the expropriated person shall be compensated; If the expropriated person and the lessee have otherwise agreed on the compensation object, such agreement shall prevail.
Article 43 The expropriation of houses with mortgage rights shall be carried out in accordance with the laws and regulations of the state on guarantee.
Article 44 If the expropriated person and the house expropriation department fail to reach an agreement within the signing period determined by the expropriation compensation scheme, or the expropriated person is unknown, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of these Measures, and make an announcement within the scope of house expropriation.
The decision on house expropriation compensation shall be fair, including matters related to the agreement on house expropriation compensation stipulated in Article 29 of these Measures, and the relocation period determined by the decision on house expropriation compensation shall not be less than 15 days.
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 45 If the expropriated person is unclear, after the people's government at the city or county level makes a decision on compensation for house expropriation, the house expropriation department or the entrusted house expropriation implementation unit shall make a good record of the investigation and go to the notary office for evidence preservation.
Article 46 When signing the expropriation compensation agreement with the house expropriation department, the expropriated person shall deliver the house ownership certificate and the state-owned land use right certificate to the house expropriation department, and the house expropriation department shall go through the cancellation procedures with the house expropriation decision, the expropriation compensation agreement, the house ownership certificate and the state-owned land use right certificate to the housing management and land resources departments.
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 at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.
The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house.
Forty-eighth the implementation of housing expropriation should be compensated first, and then moved.
After the people's government at the city or county level that made the decision on house expropriation 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.
Forty-ninth house demolition should be carried out by the construction unit with the conditions to ensure safety, and the person in charge of the construction unit should be responsible for the safety of house demolition.
Fiftieth house expropriation departments shall establish compensation files for house expropriation according to law, and announce the compensation of each household to the expropriated person within the scope of house expropriation.
Article 51 The departments of public security, education, civil affairs, human resources and social security shall, according to their respective functions and duties, support the house expropriation, handle the household registration, children's enrollment, school transfer, social security and other related procedures of the expropriated person in time, and shall not increase the burden of the house expropriation department and the expropriated person under an excuse.