A, Chuzhou rural demolition and relocation compensation standards
1, housing value compensation standards, here the housing compensation, refers to the value of the expropriated buildings on state-owned land compensation, according to not less than the date of the announcement of the decision on the expropriation of housing expropriation of the expropriated house similar market prices, and please have the assessment of qualified appraisal institutions to assess the determination. Here the market price, prefecture-level municipal government departments will be based on the annual residential housing market price law, the development of the corresponding housing market price table for local residents to be relocated for reference. Such as: Shijiazhuang Municipal People's Government for three years big change policy, every year issued a "Shijiazhuang demolition area residential housing market price table". If you are not sure of the price of the demolished house in your area, you can find the construction department of the local government for consultation or request for materials. The assessment to determine the value of the house has objections, you can review the assessment, the review results have objections, you can apply to the evaluation of the Expert Committee to re-appraisal. 2, relocation fees and temporary resettlement costs (commonly known as transition fees). Relocation costs and temporary relocation costs, the specific amount of each city has generally determined the specific amount and calculation, see the standard issued by the localities, where the authors listed in the calculation of compensation standards, is to mass the demolished person independent relocation and transition mode of calculation. If the demolition of the demolition of the provision of swing space, there is no need to pay the temporary relocation fee. Shijiazhuang, for example (independent relocation): 2012 relocation fee of 20 yuan / square meter, calculated on 2 occasions; temporary relocation fee (transition fee) calculated at 25 yuan / square meter, overdue for 12 months or less, increased by 50% per month, the expected 12 months less than 24 months, since the 13th month increased by 75% per month, overdue for more than 24 months, since the 25th month increased by 100% per month. 3. Reimbursement for loss of shutdown . The cost for non-residential housing operational housing for compensation, because it is a case-by-case basis, the compensation standard can not be uniform, generally there are parties to the expropriation for consultation to determine the consultation fails, can be entrusted to the real estate price assessment agency to determine the assessment. 4, subsidies and incentives. Subsidies include hardship and public subsidies. Difficulty grants are for poor people to carry out the subsidies, based on the local government issued standards to determine; public subsidies for all the demolished people's housing public additional subsidies, will also be issued public subsidies standards. For example, Shijiazhuang issued the "Shijiazhuang City, urban expropriated housing public stand baseline subsidy coefficient". Incentives are additional compensation paid by each evictor to encourage the evictee to demolish the house in a timely manner. Specific standards, due to the local one, but the cost is not mandatory, whether to pay still depends on the local policy. 4, house decoration compensation and home appliances and equipment removal compensation. House renovation compensation is also the first party to negotiate, consultation is not determined by the assessment of the assessment agency to determine the removal of household appliances is also based on the implementation of the above approach. However, for the sake of uniformity and convenience, the counties and cities will issue specific compensation standards in accordance with market prices, the specific amount of compensation standards issued at the time of the release of the expropriation and demolition shall prevail.Two, "Chuzhou City, urban housing demolition and relocation management measures "
Chapter I General Article 1 in order to strengthen the management of urban housing demolition and relocation, safeguard the legitimate rights and interests of the parties involved in the demolition and relocation of the city construction projects to ensure the smooth implementation of urban construction projects, according to the State Council, "Regulations on the Management of Urban Housing Demolition and Relocation "(State Council Decree No. 305)," Anhui Province, urban housing demolition and relocation management "(Provincial Government Decree No. 153) and other laws and regulations, combined with the actual situation in the city, the development of this approach. Article 2 in the city's urban planning area on state-owned land for the implementation of housing demolition and relocation, and the need for compensation, resettlement of the demolished, the application of these measures. Article III urban housing demolition and relocation must be consistent with urban planning, conducive to urban renewal and ecological environment improvement, protection of cultural relics and monuments. Article IV demolition shall be in accordance with the provisions of these Measures, the demolition of people to give compensation, resettlement; the demolition shall be completed within the relocation period of relocation. The demolition referred to in these Measures, is to obtain a housing demolition license units. The measures referred to in the demolished, refers to the owner of the demolished house. Article 5 Chuzhou City Construction Committee is the city's administrative area of housing demolition and relocation of the competent departments, responsible for the implementation of supervision and management of the city's housing demolition and relocation work. Municipal housing demolition and relocation management office specifically responsible for the daily management of urban housing demolition and relocation. Land, planning, urban management and administrative law enforcement, justice, civil affairs, public security, culture, environmental protection and other relevant departments and demolition of the district people's government, the street office should be in accordance with their respective responsibilities, in accordance with the provisions of this approach, with the management of housing demolition and relocation of good demolition and relocation of work, to ensure that urban housing demolition and relocation of smooth progress. Chapter II demolition management Article 6 of the demolition of housing units shall apply to the housing demolition and relocation management department to obtain a housing demolition permit before the implementation of demolition. Application for a housing demolition license shall be required to submit the following information to the housing demolition management: (a) laws and regulations of the construction project project approval documents; (b) construction land use planning permit; (c) certificate of the right to use state-owned land or approval of the construction site; (d) demolition and relocation plans and demolition program; (e) for the deposit Business financial institutions issued by the demolition compensation and resettlement funds and funds supervision agreement. Article 7 demolition plan and demolition program should include the following: (a) demolition scope, mode, period; (b) demolition of the structure of the housing within the scope of the use, built in the years, floor area, property rights and other basic conditions; (c) demolition and relocation of compensation and subsidies cost estimates; (d) property rights exchange of housing resettlement standards, new resettlement housing floor plan and location; (e) the demolition plan should include the following: (a) demolition plan and relocation program should include the following: (E) temporary transition and specific measures; (F) other matters needing clarification. Article 8 of the housing demolition and relocation management shall be in the housing demolition and relocation license issued at the same time, in a timely manner, the housing demolition and relocation license contained in the name of the construction project, demolition, demolition, demolition and relocation of the scope of demolition and relocation of the period and other matters, in the form of housing demolition and relocation announcements to be published. The housing demolition and relocation management department shall, within 30 days from the date of receipt of the application, review the application matters, to meet the conditions, the issuance of housing demolition and relocation permits; do not meet the conditions, the application shall be returned, and a written explanation of the reasons. Article IX housing demolition and relocation permits approved by the scope of demolition, shall not exceed the approved land use planning permit for the construction of the site, should include the planning administrative department approved the project outside the construction of land on behalf of the acquisition of roads, landscaping and other setbacks such as the red line of the need for demolition of the scope of the demolition. Construction projects in the original use of land, do not change the nature of land use, housing demolition and relocation management department to review the scope of demolition and relocation, should be based on the construction project approval documents, construction planning permit, state-owned land use right approval documents, as well as the administrative department in charge of planning the planning and design conditions proposed by the approved scope of demolition and relocation. Article 10 of the demolition shall be in the demolition of housing demolition license to determine the scope of demolition and demolition period, the implementation of housing demolition. Need to change the scope of demolition or extension of the demolition period, the demolition shall be in the demolition period expires 15 days before the application to the housing demolition management department, housing demolition and relocation of the management department shall be reviewed within 10 days from the date of receipt of the application to meet the conditions for the extension procedures; do not meet the conditions, should be returned to the application, and a written explanation of the reasons. Article 11 of the demolition can be demolished by the demolition, can also be entrusted with the demolition of qualified units to implement the demolition. Housing demolition and relocation management department shall not act as a demolition and relocation, shall not accept the demolition and relocation entrusted. The implementation of housing demolition and relocation, shall comply with the cityscape, environmental protection, building construction safety and other laws and regulations, the implementation of civilized, safe construction, keep the environment clean. Article 12 of the demolition of their own demolition, its demolition of houses should be included in the demolition plan. Demolition entrusted by the demolition, shall be entrusted to the demolition unit issued a power of attorney, and enter into a demolition entrusted contract. The commissioned demolition unit shall not transfer the demolition business. Article 13 of the scope of demolition and relocation is determined, since the date of the announcement of demolition and relocation, demolition and relocation of units within the scope of units and individuals, shall not carry out the following activities: (a) new construction, expansion, alteration of housing; (b) change of use of housing and land; (c) change of registration of ownership of housing, mortgages and leasing of housing. Housing demolition and relocation management shall be on the matters listed in the preceding paragraph, written notice to the relevant departments to suspend the relevant procedures. Suspension of the written notice shall contain a suspension period. Suspension period shall not exceed 1 year; demolition of people need to extend the suspension period, subject to the approval of the housing demolition and relocation management department, the extension of the suspension period shall not exceed 1 year. The relevant departments in the housing demolition and relocation management department written notice contained in the suspension period, on the matters listed in paragraph 1 of this article for the relevant procedures are invalid, and shall not be used as the basis for compensation and resettlement of demolition and relocation. Article 14 of the demolition of the demolition and the demolished shall, in accordance with the provisions of these measures, signed a written agreement on demolition compensation and resettlement, demolition compensation and resettlement agreement shall include the following: (a) compensation, compensation and payment of the amount of time; (b) resettlement of the area of the housing and resettlement location; (c) property rights to exchange the difference in the payment of housing and the period of time; (d) Relocation time, relocation transition mode and transition period; (v) relocation subsidy and temporary resettlement subsidy; (vi) breach of contract responsibility and agreement on dispute resolution; (vii) other provisions that the two sides think need to be concluded. Article 15 of the demolished house in one of the following circumstances, the demolition and relocation by the demolition of compensation and resettlement program, reported to the housing demolition and relocation of the management department to implement the demolition and relocation: (a) property disputes; (b) the whereabouts of the property owner is unknown; (c) the house **** someone can not reach a consensus on the way to compensate for the demolition and relocation. There are cases listed in the preceding paragraph before the demolition of housing, demolition shall be demolished on the demolition of housing matters to the notary public for the preservation of evidence. Article 16 of the demolition of leased housing, demolition and relocation shall be demolished and relocated with the demolition and relocation of housing tenants signed compensation and resettlement agreement. Article 17 after the conclusion of the agreement on demolition compensation and resettlement, demolition and relocation of the demolished and the demolished person, the housing tenant shall strictly fulfill. The demolished person or housing tenant in the agreement within the period of refusal to relocate or other disputes, the demolition may be based on the demolition agreement to apply for arbitration, or to the people's court litigation. For refusal to relocate the lawsuit, the litigation period, the demolition and relocation of people can apply to the people's court according to law for prior execution. Article 18 of the demolition and relocation of the parties to reach no agreement on compensation and resettlement of demolition and relocation, upon application by the parties concerned, by the approval of the demolition and relocation of housing demolition and relocation of the management of the decision. Housing demolition and relocation management department is demolished, by the people's government at the same level. Ruling on the specific procedures based on the "urban housing demolition and relocation of administrative ruling procedures. The parties to the ruling, you can apply for administrative reconsideration or to the people's court. Demolition in accordance with the provisions of this approach to the demolition of the people given monetary compensation or the provision of resettlement housing, swing space, in addition to the need to stop the implementation of the circumstances, review and litigation period does not stop the implementation of the demolition and relocation. Article 19 of the demolished person or housing tenant in the ruling of the relocation period is not relocated, the people's government at the same level shall instruct the relevant departments to compulsory demolition and relocation, or by the housing demolition and relocation of the management department according to law to apply to the people's court for compulsory demolition and relocation. Before the implementation of compulsory demolition, the demolition shall be demolished on matters related to housing, to the notary public for evidence preservation. Article 20 of the municipal and county people's governments to task the relevant departments of compulsory demolition, in accordance with the "Anhui Province, urban housing demolition and relocation of management measures" Article XVII of the procedures. Article 21 of the demolition and relocation in the demolition and relocation compensation and resettlement agreement or ruling on the relocation period, shall not be relocated to the demolished person or housing tenant to implement the stopping of water supply, power supply, gas supply and other impacts on the production, life behavior. The demolished person shall not damage the demolition of the demolished house *** use facilities. Article 22 has not yet completed the demolition of compensation for the transfer of construction projects, the transferee shall be reported to the housing demolition and relocation management department for approval of consent to change the housing demolition and relocation license procedures. The original demolition compensation and resettlement agreement on the rights and obligations transferred to the transferee. Transfer contract from the date of signing by the transferor and transferee within 30 days to be announced, and written notice of the demolition of the demolition of the person in time to change the signed agreement in the demolition of the person. Article 23 of the housing demolition and relocation of the implementation of special funding system. Demolition shall be deposited into the compensation and resettlement funds designated by the demolition management department of the bank special account storage, and by the housing demolition and relocation management department and the demolition of the demolition of the person, the funds stored in the bank of the three parties signed the "funds supervision agreement". The deposit amount of the funds for compensation and resettlement of demolition and relocation under the preceding paragraph shall not be less than the total floor area of the house to be demolished multiplied by the base price of monetary compensation for the house of the same type of lot and nature in the previous year, and the house used for property rights exchange by the demolition and relocation of people can be counted at a discounted price. Article 24 of the demolition of the use of demolition compensation and resettlement funds, shall apply to the housing demolition management department, without the approval of the housing demolition management department audit, the demolition of the demolition shall not be used for the use of demolition compensation and resettlement funds, and shall not be misappropriated for other purposes. Housing demolition and relocation management department shall review the use of funds within 3 days from the date of receipt of the application, and make a decision on the review. Article 25 of the housing demolition and relocation management department shall collect the following housing demolition and relocation information, strengthen the management of demolition and relocation files, establish and improve the demolition and relocation file management system: (a) housing demolition and relocation of construction of the relevant approval documents; (b) demolition and relocation plans and demolition and relocation programs and their adjustment information; (c) commissioned a copy of the contract of demolition and relocation; (d) demolition and relocation of the process of administrative law enforcement instruments; (e) demolition and relocation of the administrative process; (f) demolition and relocation of the administrative law enforcement instruments; (g) demolition and relocation of the administrative law enforcement instruments; (v) other archival materials related to demolition and relocation. Chapter III Compensation and Resettlement for Demolition and Relocation Article 26 of the use of the demolished house and the determination of the floor area, the demolished house of the real estate title certificate and other valid proof of ownership of the house marked use and floor area shall prevail. April 1, 1990 "Chinese People's *** and the State Urban Planning Law" before the implementation of the change in the use of housing and to change the use of continued use, according to the application of the owner of the house, by the management responsible for the registration of property rights of the house to change the registration, according to the change of the use of the determination. Article 27 of the demolition of illegal construction within the scope of the demolition and relocation and temporary construction over the approved period, the owner shall be demolished within the demolition period specified in the housing demolition and relocation permits. Demolition of illegal construction and temporary buildings exceeding the approved period, no compensation, resettlement; demolition of temporary buildings not exceeding the approved period, shall be given 30% -50% compensation according to the original actual cost of the construction project, no resettlement. Article 28 of the demolition and relocation compensation can be implemented in the form of monetary compensation, can also be implemented in the form of housing property rights exchange. In addition to laws and regulations provide otherwise and the provisions of Article 35, paragraph 2, Article 36, paragraph 2, the demolished person can choose the way of compensation for demolition. Article 29 The amount of monetary compensation for the demolished house is determined according to the real estate market appraisal price. Real estate market appraisal price by the real estate appraisal institutions with legal qualifications to the municipal government announced the monetary compensation based on the benchmark price, combined with the location of the demolished house, the use of the building area, building structure, new and other factors assessed to determine. The municipal housing demolition and relocation management department shall, in conjunction with the price, land and other departments, to determine the benchmark price of monetary compensation (including counties and municipalities), reported to the municipal government for approval, announced before January 31 each year. Article 30 of the demolished houses of the real estate market appraisal price of the implementation of the public system. Real estate appraisal institutions shall be demolished the name of the person, the demolished house number, assessment factors, assessment based on the main situation in the demolished lot announced, the announcement time shall not be less than 10 days. Article 31 of the parties to the demolition of objections to the results of the assessment, you can receive the results of the assessment within 10 days from the date of the seat of the housing demolition management department to apply for appraisal, housing demolition and relocation of the management department shall be received from the date of the application for appraisal of the appraisal of real estate valuation appraisal committee within 10 days of the date of the formation of the appraisal. The experts specified in the preceding paragraph shall be selected by the housing demolition and relocation management department from the expert roster established by the competent department for construction administration of the provincial people's government in a random manner. The parties to the demolition and relocation of the application for appraisal, appraisal conclusions as the basis for the decision of the adjudicating authority; did not apply for appraisal, the results of the appraisal as the basis for the decision of the adjudicating authority; appraisal costs borne by the applicant for appraisal. Article 32 of the demolished people belong to the special difficulties of life, the demolished residential housing per capita floor area is lower than the location of the city, county and city per capita floor area, the implementation of property rights exchange, the demolition shall be provided not less than the location of the city, county and city per capita floor area of the building as a resettlement housing. The price of resettlement housing is higher than the price of the demolished house, the demolished house and resettlement housing does not settle the difference in the price of property rights exchange. The previous paragraph of the special difficulties of life, refers to the relevant provisions of the state and the province in accordance with the minimum subsistence allowance for urban residents. Article 33 of the implementation of housing property rights exchange, the demolition shall be demolished to the demolished person to provide not less than the original floor area of the house demolished resettlement housing, and by the demolition of the demolition of the demolition of the demolished person and the demolished person in accordance with the provisions of Article 29 of the present measures, the calculation of the amount of compensation for demolished houses and the price of the house exchanged for settling the difference in the price of property rights exchange. Article 34 of the demolition shall provide housing in line with national quality and safety standards for demolition and resettlement. New resettlement housing, should meet the requirements of the design specifications, and acceptance. Does not meet the above provisions, the demolition into the unauthorized resettlement, and shall not stop the issuance of temporary resettlement subsidies. Article 35 of the demolition of public welfare institutions, the demolition shall be in accordance with relevant laws and regulations and urban planning requirements to be rebuilt, or given monetary compensation. Demolition and relocation of non-public welfare housing appurtenances, not for the exchange of property rights, the demolition and relocation of people to give monetary compensation. Article 36 of the demolition of leased housing, the demolished and the tenant of the house to terminate the lease, or the demolished and the tenant of the house for resettlement, the demolition of the demolition of the demolished person to give compensation. The demolished and the tenant of the house on the lifting of the lease relationship does not reach an agreement, the demolition shall be the implementation of housing property rights of the person who is being relocated, the property rights of the house in exchange for the original tenant of the house tenant. Article 37 of the demolition shall be paid by the demolition or housing tenant relocation subsidies. The implementation of housing property rights exchange, the demolished person or housing tenant from the demolition of the swing space provided by the demolition of the house to move to the resettlement house, the demolition of the demolition of the person shall again pay the relocation subsidies. Article 38 in the transition period, the demolished person or housing tenant to solve their own swing room, the demolition shall be relocated from the month to be resettled within four months after the payment of temporary relocation subsidies; demolished and relocated for the housing tenant to arrange for the transition of housing, demolition