chapter one
Article 1 In order to strengthen management, safeguard the legitimate rights and interests of urban house demolition, and maintain the smooth progress of construction projects, these Measures are formulated in accordance with the Regulations of the State Council Municipality on the Administration of Urban House Demolition and the Regulations of Shandong Province on the Administration of Urban House Demolition, combined with the actual situation of this Municipality.
2. State-owned land in urban planning area? About implementation? These Measures shall apply to the demolition, compensation and resettlement of houses in cities and counties.
Heze City Real Estate Management Bureau (the brand of Heze City Housing Demolition Management Office) is the city's urban housing demolition management department (hereinafter referred to as "urban housing demolition management department"), responsible for supervising the city's urban housing demolition management, the real estate management department is responsible for the urban housing demolition management in urban planning areas, and the county people's government county urban housing demolition management department (hereinafter referred to as the county housing demolition management department) is responsible for the urban housing demolition management within its administrative region.
Housing demolition management department) is mainly responsible for the inspection, guidance, supervision and management of urban housing demolition laws and regulations, housing demolition compensation and resettlement work; (two) to accept the demolition application, test and related documents, review the demolition plan and demolition procedures, and issue the demolition permit; (three) to assess the housing demolition units of this unit, and to train and evaluate the qualifications of the housing demolition staff; (four) to review the qualifications of urban housing demolition assessment agencies; (five) to supervise the use of compensation and resettlement funds for demolition; (VI) Announcement of House Demolition (VII) The person in charge of the matter issued a closed announcement, delaying the demolition and extension period, and suspending the examination and approval; (eight) receiving and handling petitions related to house demolition; (nine) the application procedures for accepting the ruling, and the disputes over house demolition decided according to law; (10), investigate and deal with illegal acts, in the urban housing demolition management document (1 1)
Other duties beyond the management authority stipulated by the county housing demolition management department? The second, third and fourth paragraphs.
The demolition permit issued by the county housing demolition management department shall be reported to the "urban housing demolition management department" for the record.
The term "demolition" as mentioned in these Measures refers to the units that organize the signing and implementation of compensation and resettlement agreements when the legally established house demolition units accept the entrusted demolition. ....../a & gt；
Long-term demolition of housing units, there are more than three units with building qualifications.
People's governments at all levels should strengthen the leadership of the demolition work. Planning, planning, land, construction, municipal finance, public security, safety supervision, rising prices, industry and commerce, education, civil affairs, cultural relics, electricity, communications, radio and television and other relevant departments, as well as administrative villages, subdistrict offices and community neighborhood committees within urban planning areas should, according to their respective functions and duties, cooperate with the housing demolition management departments to do a good job to ensure the smooth implementation of urban housing demolition management.
Fifth urban housing demolition must conform to the urban planning, which is conducive to improving the urban infrastructure construction, speeding up the transformation of the old city, improving the urban ecological environment and human settlements, and promoting the sustainable development of the city.
Article 11 The demolisher must make compensation, resettlement and demolition, and the lessee of the demolished house must obey the needs of urban construction and complete the relocation within the specified relocation period.
/& gt； The parties involved in the demolition include the demolished, the demolished and the demolished lessee.
The demolition unit has obtained the house demolition permit according to law.
The legal owner of the demolition is the house to be demolished and its ancillary facilities.
Units or individuals that have a legal lease relationship between the lessee and the demolition in the lease license.
Demolition management BR/> Article 7 Demolition shall be carried out in the house demolition that has obtained the house demolition permit.
Article 1 Before applying for a house demolition permit, the following materials shall be submitted to the house demolition management department: 1) application for demolition; (two) the approval documents of the construction project; (3) Construction land planning permit; (four) the approval document of the right to use state-owned land; (5) Business license of real estate development enterprise as a legal person (real estate development project) (6) Entrusted demolition plan, demolition plan, red line diagram of demolition, general layout diagram of houses and plan of resettlement houses; (7) Deposit certificate of demolition compensation and resettlement funds issued by financial institutions (8) Demolition agreement; (9) Other relevant materials submitted.
Public construction projects and other municipal infrastructure need to be demolished, and the approval documents of the municipal and county people's governments shall be used to apply for the permit for house demolition.
9 The demolisher shall follow the standard construction area of 4.2 yuan per square meter? Demolition management fees paid by the housing demolition management department.
Units with the qualification of self-demolition and house demolition can also entrust the implementation of demolition.
Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
Article 1 1 entrusts the demolition, a power of attorney shall be issued, and the entrusted house demolition unit and the house demolition entrustment contract shall be signed. The demolisher shall conclude a contract within 15 days from the date of reporting, and the house demolition management department shall put it on record. The entrusted demolition unit shall not transfer the demolition, construction of municipal infrastructure and public welfare projects, and entrust the demolition unit to pay the construction area of the demolished house? 18 yuan per square meter, demolition.
The service fee for demolition of public construction projects shall not be lower than the service fee standard for demolition of municipal infrastructure and public welfare projects, and the house demolition unit shall entrust the demolition consultation.
Twelfth people should be taken in the demolition permit to determine the scope and duration of the demolition of houses.
Need to extend the demolition period, the demolition should be within 05 days after the expiration of the demolition management department to apply for an extension; The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition.
Thirteenth people apply for housing demolition permit, demolition compensation and resettlement funds must be complete, and deposited in the financial institutions designated by the housing demolition management department.
The house demolition management department shall supervise the use of demolition compensation and resettlement funds with the signature of the deposit certificate of demolition compensation and resettlement funds and the use certificate of demolition compensation and resettlement funds issued by financial institutions.
Houses, existing houses and faster houses that can be exchanged for property rights can be used to offset the compensation and resettlement funds for demolition. According to the progress of the project, the image project construction supervision institution accepts the compensation fees and capital expenses paid by installments.
All funds for compensation and resettlement for house demolition shall be used for compensation and resettlement for house demolition and shall not be used for other purposes? Purpose.
After the demolition scope is determined in June 5438+04, if the house demolition management department issues the house demolition permit, it shall notify the relevant departments to suspend the following matters within the demolition scope. ) real estate and land departments apply for houses, transfer, exchange, gift, lease, mortgage and analyze the production process. Except for the effective judgment or arbitral award of the people's court; (b) Planning, construction and approval procedures for new housing, alteration, expansion and renovation in the real estate industry; (three) the business license matters for the industrial and commercial departments.
The suspension period specified in the preceding paragraph shall not exceed one year. Due to special circumstances need to extend the period, the demolition must be reported to the housing demolition management department for approval, and the extension period shall not exceed one year.
Fifteenth house demolition management department issued a house demolition permit, it should be set in the house demolition permit demolition, demolition scope, demolition period, and announced in the form of housing demolition notice.
After the end of the house demolition, the house demolition management department, the demolition person, the house demolition announcement unit and other relevant units shall do a good job in the publicity, explanation and service of the demolition in time.
Sixteenth demolition and demolition compensation, shall comply with the provisions of these measures.
Demolition of rental housing, the demolition and relocation of people on the amount of compensation, resettlement housing area and location, relocation period, relocation transition mode and transition period signed a compensation and resettlement agreement. The lessee enters into a demolition compensation and resettlement agreement.
In June, 5438+07, the compensation and resettlement agreement for house demolition sponsored by the house demolition management department must be approved by the notary office, and the evidence must be preserved.
Article 18 After the compensation and resettlement agreement is reached, if the demolisher or the lessee refuses to move, the demolisher may apply for arbitration, and the arbitration commission may make an award according to law, or bring a suit in a people's court according to the relocation period in the course of litigation, and the demolisher may apply to the people's court for execution according to law.
Article 19 If the parties apply for demolition or relocation, and the demolisher and the demolished lessee fail to negotiate, the ruling house demolition management department shall reach an agreement on compensation and resettlement. The house demolition management department governs the people by demolition, and the people's government is at the same level. The award will be submitted within 30 days from the date of receiving the application.
The parties may file a lawsuit with the people's court within three months from the date of the award for prosecution service, and carry out the demolition according to the regulations. The demolisher shall give monetary compensation or resettlement houses, and the demolition execution shall not be stopped during the litigation of revolving houses.
Twentieth applicable awards shall be given by the house demolition management department after the expiration of the relocation period stipulated in the house demolition announcement and before the expiration of the relocation period.
The application for an award shall include the following contents: (1) the names, sex, age, occupation, name and address of the work unit or other organization where the applicant and the respondent work, and the name and position of the legal representative or person in charge; (two) the application matters, facts and reasons; (3) Evidence and its sources and evidence; (four) the applicant believes that it is necessary to apply for arbitration for the survey and appraisal table, plane location map and related documents and materials of the demolition house.
The land use right certificate, house ownership certificate, identity certificate and relevant documents and materials that should be submitted when applying for demolition arbitration.
Article 2 1 The people's government of the city or county where the house is located shall, within the relocation period stipulated in the demolition ruling, instruct the relevant departments to forcibly relocate the lessee who has not moved, or the house demolition management department shall apply to the people's court for compulsory relocation according to law.
When forced demolition, the demolition should be related to the demolition of houses, to the notary office for evidence preservation.
Twenty-second housing demolition involving military facilities, churches, temples, cultural relics, shall be handled in accordance with the provisions of relevant laws and regulations.
Article 23 If the transfer of the demolition compensation and resettlement construction project is not completed, the transferee shall submit relevant materials in accordance with the requirements of Article 8. After the original compensation and resettlement agreement is approved by the house demolition management department, the transferor and the transferee shall inform the demolition in writing of the rights and obligations transferred to the transferee, and conclude a transfer contract within 30 days from the date of publicity.
Article 3 After an agreement is reached on compensation and resettlement for demolition, you should go to the relevant departments to change or cancel the registration with real estate license, lease certificate, state-owned land use right certificate and other documents.
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25, the demolition should be able to ensure the safe production conditions of the demolished houses, and the legal representative of the demolished houses is responsible for the safety.
Housing demolition management department is responsible for the area of houses to be demolished? Organize the bidding or lottery work of house demolition project, and determine the house demolition person.
The procedures and structural status of house demolition should be made manual by the house demolition unit. After investigating the surrounding environment and instructions and reporting to the house demolition management department for approval, the house demolition can be carried out.
Twenty-sixth people should organize and keep the demolition files within 30 days after the demolition, and hand over the demolition files and related procedures to the house demolition management department.
The management department of house demolition shall establish and improve the management system of demolition archives and strengthen the management of demolition archives.
BR/>； Chapter III Compensation and Resettlement for Demolition
Twenty-seventh people should be taken in accordance with the provisions of the demolition compensation. The parts of shacks, gatehouses, toilets and gondolas are not considered for regional compensation, and their replacement prices are merged into the newly compensated construction area, and the compensation price is determined according to the specified price. If the temporary construction period of other appendages does not exceed the approved use, appropriate compensation shall be given.
/& gt； The planning approval documents for the free removal of illegal buildings and temporary buildings that have exceeded their service life show that temporary buildings and planning and construction need to be removed free of charge.
The records declared in the property management department, the market price evaluation at that time, fashionable and attractive, were merged into new compensation; Assault decoration and other illegal decoration, no compensation, the demolition of housing decoration damage, damage
Twenty-eighth demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange.
Specific compensation methods, in addition to the fourth paragraph of Article 3 1, demolition compensation can be selected under the circumstances specified in the second paragraph of Article 38.
Twenty-ninth monetary compensation and monetary compensation for the demolition of the demolition price, according to the real estate market assessment price, orientation, construction area, structure, novelty, floor area ratio, construction area and other factors to determine. On the basis of the real estate market evaluation, the house demolition is evaluated in the form of an annex.
Thirtieth idle housing demolition land, in accordance with the relevant state laws and regulations on land management, involving land transfer, the real estate market evaluation price includes the guiding price. Housing grade guidance price and land transfer compensation price.
Compensation price of land transfer = evaluation price of land transfer ÷ The service life of remaining land transfer is the service life of land.
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Article 3 1 Where the property right is exchanged, the demolisher shall provide the price of the house to be exchanged, and settle the demolition payment in one lump sum with the existing house with the property right exchanged? The compensation price for house demolition shall be determined in accordance with the provisions of Article 29, and the price difference shall be determined.
The auction price of the area of the house to be demolished, which needs transitional resettlement, is determined by the average selling price of the affordable housing to be demolished for special reasons.
After the acceptance of the property right exchange house, it shall meet the national quality and safety standards, with clear property rights and no rights disputes.
Demolition of non-public housing attachments, no property rights exchange, monetary compensation to the demolition of housing demolition assessment shall prevail.
Article 32 stipulates that qualified real estate appraisal institutions, legally established appraisal institutions and house demolition management departments must organize demolition and make many decisions. The process and result of the lottery should be notarized by a notary.
The entrustment contract shall be signed by a number of housing demolition assessment agencies, and the entrusted assessment agencies shall not transfer the entrusted assessment business. The assessment fee of the assessment agency shall be borne by the demolisher.
The house demolition management department shall conduct training and evaluation in accordance with the methods adopted by the personnel engaged in the urban house demolition evaluation business, and regularly inform the society of the house demolition institutions that have passed the examination.
Thirty-third before the implementation of the assessment, the assessment agency shall inform the demolition parties of their concerns during the on-site investigation. During the on-site investigation, the parties involved in the demolition shall be present and mark the evaluation questionnaire.
If the provisions on the influence and prayer of the demolition site are not justified or refuse to evaluate the normal demolition, Article 29 the evaluation institution and the housing ownership information can make correct written proof for the evaluation, and the evaluation site is notarized by a notary office, and the housing demolition management department can make a decision according to the evaluation results.
Thirty-fourth demolition parties to the assessment results, the original assessment agencies have objections to the complex calculation, you can submit a written application within 3 days from the date of receipt of the assessment report, the assessment agencies shall submit an application for complex calculation conclusions within 3 days. The evaluation institution adjusts the complex evaluation results in the complex evaluation. It should be an adjusted assessment report, and the applicant and the demolition parties will issue complicated estimates and explain the reasons for the adjustment.
Application for re-estimation, complicated estimated cost applicant. The comprehensive evaluation result is the final evaluation result.
Thirty-fifth demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, implement the demolition, and report to the housing demolition management department for approval. Before the demolition, the demolition should handle the evidence preservation of housing-related matters in the demolition notary office.
Article 36 Disputes over property rights and debts in house demolition shall be settled by the parties through consultation. It is only applicable to the period specified in the announcement of house demolition within the scope of demolition. The compensation plan for demolition shall be reported to the house demolition management department for approval, and the evidence preservation procedures shall be handled at the notary office, which may be deleted first; Until the way to solve the dispute is compensated.
Thirty-seventh demolition of public housing and its attachments, the demolition should be rebuilt or given monetary compensation in accordance with the requirements of relevant laws, regulations and urban planning.
Thirty-eighth demolition of rental housing, demolition and demolition of housing tenant to terminate the lease relationship, resettlement of housing tenant or demolition, demolition compensation.
If the demolisher and the demolished person fail to reach an agreement to terminate the lease relationship, the demolisher shall exchange property rights in the demolished house. If the house of the exchange lessee is demolished, the demolisher shall re-sign the house lease contract with the demolished lessee.
Thirty-ninth demolition of non-residential houses, meet the following conditions, the premises for business premises. Based on the guiding price of house demolition compensation, it is determined by the guiding price of house demolition compensation evaluation and the market evaluation price along the line: (1) The column used by the house ownership certificate is marked "Operation"; (2) Obtain business license, tax registration certificate and tax payment records; (3) The enterprise's house ownership certificate, business license and tax registration are in one place, indicating the time of coordination.
Different, the above conditions are non-residential houses and compensated residential houses.
Fortieth houses to be demolished shall be compensated by the mortgagee and the mortgagee in money, the mortgagor, the mortgage loan or debt reset by the mortgagor or the parties and the intermediary agreed by both parties.
In the event of property rights exchange during the demolition of mortgaged houses, the mortgagee and the mortgagee shall re-sign the mortgage loan agreement. If the two parties fail to reach an agreed mortgage loan agreement, the mortgagee and the mortgagee's demolition period shall be determined by the dismantler specified in the house demolition announcement in accordance with the provisions of Article 36.
Article 4 1 The lessee shall pay relocation allowance for the relocated person or the relocated person. What is the relocation subsidy standard for 3.5 yuan with a total construction area of per square meter? Houses that were demolished.
Forty-second housing units to implement the reward system.
Should be distributed to
Sign the demolition compensation and resettlement agreement, and complete the demolition within the specified house demolition announcement and relocation period. What is the standard of incentive fee per square meter for the construction area of demolished houses in 20 yuan? . BR/>；
Forty-third for the demolition of housing monetary compensation, pay the demolition or demolition of a month's temporary resettlement subsidies, resettlement or demolition.
Pay the temporary resettlement fee for the construction area of the demolished house? 2 yuan per square meter per month.
Forty-fourth the implementation of property rights exchange and transitional resettlement, the demolition agreement shall stipulate that the transition period of the transition period shall not exceed 18 months. During the transition period, if the lessee arranges the demolition accommodation or demolition by himself, the demolition person shall pay the temporary resettlement fee, and the demolition person shall not pay the temporary resettlement fee.
Forty-fifth demolition allows the extension of the transition period, it should be timely to move out of the swing.
If the transition period is extended due to the responsibility of demolition, the demolition person or the tenant will arrange accommodation by himself. If the time limit is less than one year, an additional 50% of the temporary resettlement fee will be provided every month. If the time limit is more than one year, an additional 100% of the temporary resettlement fee will be provided every month. The transitional payment for demolition shall be paid monthly from one month overdue. The temporary resettlement fee overdue for more than one year is 100% of the monthly temporary resettlement fee. Where property rights are exchanged, the building area shall be demolished within one month after the deadline? The standard is 20 yuan square meters per household per month, and the operating loss of delayed demolition is paid.
Forty-sixth demolition of non-residential houses led to the suspension of production or business, demolition and payment of non-storage production and processing standards subsidies. Subsidies for residential housing will be distributed to 50 yuan, and subsidies for operating rooms per square meter of construction area will be distributed to 90 yuan, of which 50% will be paid to those who stop production and business, and those who are demolished and relocated. Storage, production and processing of non-residential houses, demolition of households, must have a business license, and houses with tax registration certificates are also used for the same purpose.
Forty-seventh people who demolish houses within the time limit stipulated in the demolition notice shall enjoy temporary resettlement fees, relocation subsidies, subsidies for suspension of production and business and incentive fees. During the relocation period, no incentive fee, compulsory relocation fee, temporary resettlement fee, relocation subsidy, suspension of production and business subsidy and incentive fee will be enjoyed. /& gt； Chapter X Legal Liability ......
Article 48 If anyone, in violation of the provisions of this Ordinance, carries out demolition without obtaining a house demolition permit, according to the provisions of Article 34 of the Regulations on the Administration of Urban House Demolition in the State Council, the house demolition management department shall order him to stop the demolition, give him a warning and impose a fine according to the construction area of the house to be demolished; More than 20 dollars to less than 50 dollars per square meter.
Article 49 Where a demolisher, in violation of the provisions of these measures, obtains a house demolition permit by deception, he shall issue a house demolition permit and impose a fine of less than 3% of the demolition compensation and resettlement funds in accordance with the provisions of Article 35 of the Regulations on the Administration of Urban House Demolition in the State Council.
Article 50 stipulates that if a demolisher commits one of the following acts and violates the provisions of Article 36 of the Regulations on the Administration of Urban House Demolition in the State Council, the house demolition management department shall order him to stop the demolition, give him a warning and impose a fine of less than 3% of the compensation and resettlement funds for the demolition. If the circumstances are serious, the house demolition permit shall be revoked:
(a) the house demolition permit does not specify the scope of demolition, and the house demolition is entrusted.
Units that do not need to be relocated are demolished;
(three) to extend the demolition period without authorization.
Article 5 1 If a house demolition unit entrusts the transfer of demolition business in violation of the provisions of these Measures, the competent department shall order it to make corrections within a time limit, confiscate its illegal income, and impose a fine of more than 25% and less than 50% of the contract demolition service fee according to the provisions of Article 37 of the Regulations on the Administration of Urban House Demolition in the State Council.
Fifty-second house demolition management personnel refused or hindered the implementation.