Twenty-first demolition should be within the scope of the demolition of houses with legal property rights to give compensation. Demolition compensation is divided into monetary compensation and housing compensation, and the specific way is chosen by the demolished person.
Illegal buildings and temporary buildings and their appendages will not be compensated, and they will be removed by themselves within the relocation period. If it is not removed within the time limit, it shall be removed by the demolition contractor in order to arrive at the post.
The compensation for demolition shall be calculated according to the construction area of the house to be demolished. The construction area of the house to be demolished shall be subject to the house ownership certificate or lease use certificate. If the lease certificate indicates the usable area, the indicated usable area shall be converted into the construction area according to the prescribed coefficient. The conversion coefficient is comprehensively determined by the municipal construction administrative department, the municipal demolition administrative department, the municipal real estate comprehensive development management department and the municipal statistics department after investigation and calculation.
Article 22 The term "owner of the house to be demolished" as mentioned in these Measures refers to the person who has legal house ownership certificate and legal land use certificate or enjoys and exercises house ownership according to law, including the trustee and manager of state-owned houses authorized by the state.
The term "users of demolished houses" as mentioned in these Measures refers to citizens with official accounts and legal lease certificates or organs, organizations, enterprises, institutions and individual industrial and commercial households with legal lease relations within the scope of demolition. Those engaged in production and business operations shall also have a business license.
The term "non-residential houses" as mentioned in these Measures refers to houses with legal ownership certificate or legal lease certificate indicating that the house is used for non-residential houses, or houses with self-operated licenses and lease business licenses issued by the municipal real estate management department and actually used for production, warehousing, office, commercial services and public welfare undertakings.
Twenty-third monetary compensation refers to the demolition of houses according to the provisions of the price calculation of the original housing value, in the form of monetary compensation to the demolition of a way. Monetary compensation includes original housing compensation and location compensation.
Twenty-fourth residential housing monetary compensation calculation formula is:
(1) Monetary compensation for private residential houses = (new replacement price of original houses combined with location compensation price of residential houses) ××× (floor adjustment coefficient1+);
(2) Monetary compensation for public housing = (original housing replacement price combined into new+residential housing location compensation price) × original housing construction area.
For the demolition of houses with more than two floors and less than eight floors, the floor adjustment coefficient of private property houses is: based on the first floor and the top floor, with the middle floor as the boundary, each floor will increase by 2%.
Demolition of public housing, the original housing replacement price in monetary compensation is merged into a new part to be paid to the housing owner, and the rest is paid to the housing user for the purchase of housing.
Article 25 The calculation formula of monetary compensation for non-residential houses is: monetary compensation for non-residential houses = [the new replacement price of the original houses+the location compensation price of non-residential houses ×( 1+ adjustment factor) ]× the construction area of the original houses.
If the house owner chooses monetary compensation for the removal of non-residential houses, the replacement price of the houses in the Central Plains will be merged into a new part to be paid to the house owner, and the rest will be paid to the house users for purchasing houses.
The location compensation price of non-residential houses shall be adjusted in accordance with the following provisions according to the specific location of non-residential houses to be demolished:
(1) The location compensation price of the first-floor non-residential houses adjacent to the first and second-class streets in the demolition area is increased by 10%, and the location compensation price of the first-floor non-residential houses in the hospital is deducted by 50%;
(II) The location compensation price of the basement or two-story street-facing non-residential house in the demolition lot shall be deducted by 50% on the basis of the location compensation price of one-story street-facing non-residential house;
(3) For multi-storey integrated non-residential buildings, based on the location compensation price of the first floor, the basement is deducted by 50%, the second floor is deducted by 20%, the third floor is deducted by 30%, and the fourth floor is deducted by 40%, and so on, but the minimum is not less than 30% of the benchmark price;
(four) non residential houses in other locations in the demolition area, except simple houses, the position compensation price can be implemented with reference to the position compensation price of residential houses in the demolition area.
Twenty-sixth the original housing into a new assessment by the assessment unit to obtain a legal license according to law.
The replacement price and location compensation price of the original house are proposed by the municipal construction administrative department, the municipal land management department, the municipal real estate comprehensive development management department, the municipal finance department and the municipal price department, and announced by the municipal construction administrative department with the consent of the Municipal People's government.
Twenty-seventh monetary compensation, the demolition should be in the demolition compensation agreement within the time limit, the monetary compensation in the name of the demolition bank.
Except for private houses, monetary compensation shall be used by the demolished person to purchase houses and shall not be used for other purposes. The property right of the house purchased by monetary compensation belongs to the demolished person.
Twenty-eighth housing compensation refers to the demolition of monetary compensation, according to the original housing construction area, the original nature of the purchase of housing, to be taken to repay a compensation.
Demolition should be based on the use of urban planning to determine the function easily or nearby for the demolition of the building area and facilities standards are not lower than the original housing Xianfang or faster new houses, the property belongs to the demolition of all.
The implementation of housing compensation, the demolition of housing to buy monetary compensation is less than the original housing, the demolition should pay the remaining monetary compensation to the demolition; If the monetary compensation for the original house is exceeded, the demolished person shall pay the house price exceeding the part to the demolished person.
Twenty-ninth demolition of houses in any of the following circumstances, only applicable to housing compensation:
(a) the property rights of the demolished houses are unclear, the property rights registration is unknown or the property rights are controversial;
(two) the owner or user of the demolished house or the owner or user of the public house cannot reach an agreement on monetary compensation;
(three) the demolition of houses involving disputes over property rights or the right to use, which has taken effect by the people's court and has not yet been implemented.
Thirtieth in addition to public housing, the owner and user of the house to be demolished are not the same person, and the owner of the house shall move out the user within the specified relocation period and sign the demolition compensation agreement.
Within the specified relocation period, if the owner of the house cannot move out of the user, the demolisher can compensate the owner of the house, and the user can use the compensated house, and the original relationship can continue.
The user shall complete the relocation within the specified relocation period. If the user refuses to move beyond the specified relocation period, it may be implemented in accordance with the provisions of Article 14 of these Measures.
Thirty-first the implementation of housing compensation, the demolition should provide housing compensation for the demolition within the prescribed transition period, to ensure that the relocated households move in on schedule. The building used for housing compensation is a new multi-storey building, and the transition period shall not exceed 18 months.
Thirty-second residential housing demolition, in accordance with the following provisions to be taken to give subsidies:
(a) the house to be demolished is used by the owner of the house, and when the owner of the house moves by himself, the demolition person will be given a one-time moving subsidy;
(two) the owner of the house to be demolished and the user are not the same person, and the user who moves by himself shall be given a one-time moving subsidy;
(three) the relocation allowance is calculated according to the standard of the original housing construction area per square meter 10 yuan;
(four) the implementation of housing compensation, within the prescribed transition period, the demolition of their own temporary relocation, the demolition of the original housing construction area of 8 yuan per square meter per month to the standard of temporary relocation subsidies.
Thirty-third demolition of non residential houses, used by the demolition of housing owners, subsidies in accordance with the following provisions:
(a) the owner of the house moves on his own, and the relocation subsidy is issued by the demolition person;
(two) the implementation of housing compensation, temporary relocation within the prescribed transition period, the demolition of temporary relocation subsidies, temporary relocation subsidies provided by the demolition;
(three) the implementation of housing compensation, the demolition is in a state of production and operation, and can not carry out production and operation within the prescribed transition period, the demolition of economic losses subsidies; No economic loss subsidy will be issued to those who have stopped production or business before the announcement of demolition;
(four) the demolition is the owner of the production and operation of the house, and the demolition shall provide the revolving house that can produce and operate, and shall not issue temporary relocation subsidies and economic loss subsidies.
Demolition of non residential housing owners and users are not the same person, according to the following provisions to give subsidies:
(a) the use of their own relocation, relocation subsidies by the demolition of people to use;
(two) for the economic losses caused by the relocation of users who are in production and operation, the relocation fee shall be calculated according to the specified relocation period and the taxable income of users one month before the relocation.
Relocation subsidy is calculated according to the actual cost of relocation, handling and transportation of machinery, equipment and materials. Temporary subsidies shall be paid in one lump sum according to the original construction area per square meter 180 yuan.
The economic loss subsidy is calculated on a monthly basis according to the number of employees determined by the labor insurance pooling fund paid by the demolished one month before the demolition, 80% of the annual per capita wage of the demolished and 80% of the monthly taxable income, and paid once every six months.
Thirty-fourth demolition of houses with real estate disputes, in the relocation period announced by the Municipal Demolition Office, the dispute is not resolved, the demolition compensation plan is put forward, and reported to the Municipal Demolition Office for approval. The municipal demolition office shall organize residents to survey and record the demolished houses before the demolition, and go to the notary office for evidence preservation.
Article 35 The mortgagee and mortgagor shall sign a mortgage agreement for the compensation for the demolition of mortgaged houses. If the mortgagee and mortgagor fail to reach a mortgage agreement within the relocation period announced by the Municipal Demolition Office, the demolition shall be carried out in accordance with the provisions of Article 34 of these Measures.
If the mortgaged house is demolished and monetary compensation is implemented, the mortgagee and mortgagor shall re-establish the mortgage right or the mortgagor shall pay the grave compensation fee after paying off the debt.
Chapter IV Demolition of Key Urban Construction Projects
Thirty-sixth key projects of urban construction as mentioned in these Measures refer to urban infrastructure, shantytown renovation and comprehensive improvement projects of urban environment approved by the municipal government.
Thirty-seventh key projects of urban construction, the city demolition office shall timely issue housing demolition permits, the implementation of demolition.
When implementing the demolition of key urban construction projects, the administrative departments related to the demolition work shall actively cooperate with each other according to their respective responsibilities.
Thirty-eighth municipal facilities, pipelines, turnstiles, advertisements, plaques and other facilities within the scope of demolition shall be demolished free of charge by the competent department.
Thirty-ninth construction land within the scope of the demolition of the wall, to make way for the hospital, no compensation.
Chapter V Legal Liability
Fortieth in violation of the provisions of these measures, the municipal demolition management department shall be punished in accordance with the following provisions:
(a) in violation of the provisions of article eighth and article tenth of these measures, it shall be ordered to stop the demolition and impose a fine of 10000 yuan to 50000 yuan;
(two) in violation of the provisions of article eleventh of these measures, shall be ordered to make restitution, and impose a fine of 5000 yuan to 20000 yuan;
(three) in violation of the provisions of the fourteenth paragraph of these measures, it shall be ordered to stop the forced relocation and impose a fine of 10000 yuan to 50000 yuan;
(four) in violation of the provisions of the second paragraph of Article 17 of these measures, the demolition undertaking fee shall be deducted and returned to the demolition, and the demolition undertaking shall be ordered to immediately dismantle the house and clean up the old materials and residual soil, and the demolition undertaking shall be fined 10000 yuan to 50000 yuan. If the circumstances are serious, cancel the qualification of the demolition undertaker;
(five) in violation of the provisions of the third paragraph of the seventeenth paragraph of these measures, it shall be ordered to stop the demolition and impose a fine of 65438 yuan or more from 500 yuan, and if the circumstances are serious, the qualification of the demolition contractor shall be cancelled;
(six) in violation of the provisions of article eighteenth of these measures, it shall be ordered to stop the demolition, and the demolition contractor and the house demolition unit shall be fined 10000 yuan to 30000 yuan respectively;
(seven) because of the demolition, in violation of the provisions of article thirty-first, the demolition should be taken to double subsidies, and impose a fine of 10000 yuan to 50000 yuan.
Forty-first in violation of these measures should be given administrative penalties for public security, by the public security department in accordance with the provisions of 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.
Forty-second who refuses to accept the decision on administrative punishment may apply for administrative reconsideration or bring an administrative lawsuit according to law. If it fails to apply for reconsideration, bring a lawsuit or perform the punishment decision within the time limit, the penalty-executing department may apply to the people's court for compulsory execution.