Measures for the Administration of Urban House Demolition in Shenyang Municipality Decree No.31 of Shenyang Municipal People's Government in 2114
Chapter I General Provisions
Article 1 In order to strengthen the administration 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 of the State Council Municipality on the Administration of Urban House Demolition and in combination with the actual situation of this Municipality.
article 2 these measures are applicable to the demolition of houses on the state-owned land in the urban planning area within the administrative area of this municipality, and it is necessary to compensate and resettle the demolished people.
article 3 urban house demolition must conform to urban planning, which is conducive to the transformation of old urban areas and the improvement of ecological environment, and the protection of cultural relics and historic sites.
article 4 urban house demolition must follow the principles of justice, fairness and openness. Demolition should be in accordance with the provisions of these measures, to be taken to give compensation and resettlement; The person being demolished and the lessee of the house shall complete the relocation within the prescribed time limit.
The term "demolisher" as mentioned in these Measures refers to the unit that has obtained the house demolition permit.
The term "demolished person" as mentioned in these Measures refers to the owner of the demolished house.
the term "lessee" as mentioned in these measures refers to the unit or individual that has a legal lease relationship with the person being demolished.
article 5 Shenyang real estate bureau is the administrative department of urban house demolition in this municipality, and it supervises and manages the work of urban house demolition in this municipality. City housing demolition management office is responsible for the daily work of city housing demolition management.
the urban house demolition management department of the county (city) people's government shall supervise and manage the urban house demolition work within its administrative area.
all relevant departments shall cooperate with each other in accordance with the provisions of these measures to ensure the smooth progress of house demolition management.
the land administration departments of the people's governments of cities and counties (cities) are responsible for the land administration related to urban house demolition in accordance with the provisions of relevant laws and administrative regulations.
Chapter II Demolition Management
Article 6 A permit system shall be implemented for urban house demolition. Units that demolish houses can only implement house demolition after obtaining the permit for house demolition.
Article 7 To apply for a house demolition permit, the following materials shall be submitted to the administrative department of urban house demolition where the house is located:
(1) the approval document of the construction project;
(2) construction land planning permit;
(3) the approval document of the right to use state-owned land;
(4) demolition plan and demolition plan;
(5) the certificate of relocation compensation and resettlement funds issued by the financial institution handling deposit business.
the administrative department of urban house demolition shall review the application within 15 days from the date of accepting the application; Eligible, issued a permit for house demolition.
article 8 when issuing the house demolition permit, the urban house demolition management department shall publish the demolition person, demolition scope, demolition period and other matters specified in the house demolition permit in the form of house demolition announcement.
the administrative department of urban house demolition and relocation shall promptly publicize and explain to the demolished and the lessee.
Article 9 The demolisher shall demolish the house within the scope and period specified in the house demolition permit.
the demolition period is determined by the urban housing demolition management department according to the demolition scale and the nature of the demolition project. The demolition period of municipal infrastructure construction projects shall not exceed 1 months, and the demolition period of other construction projects shall not exceed 3 months.
the demolition period is calculated from the 5th day after the announcement of demolition.
if the demolisher needs to extend the demolition period, he shall apply to the urban house demolition management department for an extension of the demolition period within 15 days before the expiration of the demolition period, and the urban house demolition management department shall give a reply within 7 days from the date of receiving the extension of the demolition application.
the extended demolition period shall be announced by the urban house demolition management department.
article 11 during the period of demolition, the demolisher shall ensure the original basic living conditions such as water supply, power supply and gas supply for the demolished person and the lessee who have not moved.
Article 11 If the demolished person does not live within the scope of demolition, his agent and the user of the house shall notify the demolished person to go through the procedures of compensation and resettlement for house demolition; Vacant houses, the demolition notice to be taken.
if the first demolition period expires, and it is still impossible to inform the demolished person, the demolished person shall make investigation records of the demolished house, handle evidence preservation with the notary office, and put forward a compensation and resettlement plan. After being approved by the urban house demolition management department, the demolition can be carried out first.
Article 12 A demolisher may demolish the house by himself or entrust a unit that has obtained the qualification certificate for house demolition to demolish the house.
the administrative department of urban house demolition shall not act as a demolition person or accept the entrustment of demolition.
Article 13 Where a demolition agent entrusts demolition, he shall issue a power of attorney to the entrusted unit and sign a demolition entrustment contract. The demolisher shall, within 15 days from the date of signing the entrustment contract for demolition, report the entrustment contract for demolition to the urban house demolition management department for the record.
the entrusted demolition unit shall not transfer the demolition business.
article 14 the demolisher shall publicize the house demolition permit, demolition announcement, demolition compensation subsidy standard, demolition work flow, names of the entrusted demolisher, demolition unit, evaluation institution and on-site staff at the demolition site, and provide consulting services.
Article 15 After the scope of construction land is determined, units and individuals within the scope of construction land shall not engage in the following activities:
(1) Building, expanding or rebuilding houses;
(2) change the use of houses and land;
(3) renting a house.
the urban house demolition management department shall, according to the application of the construction unit, notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension shall specify the suspension period. The longest suspension period shall not exceed 1 years; If the demolition needs to extend the suspension period, it must be approved by the urban housing demolition management department, and the extension of the suspension period shall not exceed 1 years.
article 16 the demolisher and the demolished shall, in accordance with the provisions of these measures, conclude an agreement on compensation and resettlement for house demolition, such as compensation method, compensation amount, location and area of resettlement house, relocation period, relocation transition mode and transition period, and liability for breach of contract.
Article 17 In any of the following circumstances, the demolisher shall conclude a demolition compensation and resettlement agreement with the demolished person and the lessee of the house:
(1) demolishing a public residential house with rent standards set by the government, and the demolished person chooses monetary compensation;
(2) demolishing private residential houses with rent standards set by the government;
(3) the demolition implements the national private saving policy and returns the residential house with the household.
Article 18 If the demolisher and the demolished person or the demolished person, the demolished person and the house lessee fail to reach an agreement on compensation and resettlement for demolition within the demolition period, the administrative department of urban house demolition shall make a ruling upon the application of the parties concerned; Urban housing demolition management department is the demolition of people, by the people's government at the same level.
the adjudication organ shall make a ruling within 31 days from the date of receiving the application.
Article 19 If a demolition party applies for an administrative ruling, the urban house demolition management department shall organize the parties to mediate. If an agreement is reached through mediation, a written conclusion of the award shall be issued; Can not reach an agreement, the city housing demolition management department shall make a written ruling.
Article 21 If a party to the demolition refuses to accept the ruling, he may bring a suit in the people's court where the house is located within 3 months from the date when the ruling is served.
if the demolisher has given monetary compensation to the demolished person and the lessee in accordance with the provisions of these measures, or provided the demolition resettlement house and revolving house, the execution of the demolition will not be stopped during the litigation.
article 21 after the signing of the demolition compensation and resettlement agreement, if the demolished person or the lessee refuses to move within the relocation period, the demolished person may apply to the arbitration commission for arbitration or bring a suit in a people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law.
article 22 if the person to be demolished or the lessee of the house fails to relocate within the relocation period stipulated in the ruling, the people's government of the city or county (city) where the house is located shall instruct the relevant departments to carry out administrative compulsory relocation, or the urban house demolition management department shall apply to the people's court for compulsory relocation according to law.
before the implementation of compulsory demolition, the demolisher shall apply to the notary office for evidence preservation on matters related to the demolished house.
article 23 before compulsory administrative demolition, the house demolition management department shall invite relevant management departments, representatives of the demolition parties and representatives with social credibility to hold a hearing on the basis, procedures and calculation basis of compensation and resettlement standards for compulsory demolition.
article 24 when demolishing a house whose ownership and use right are disputed, the demolisher shall put forward a compensation and resettlement plan, and submit it to the urban house demolition management department for examination and approval before demolishing. Before the demolition, the demolition should be related to the demolition of houses, to the notary public for evidence preservation.
Article 25 Where military facilities, churches, temples, cultural relics and historical sites and houses of foreign consulates in Shenyang are involved in the demolition, it shall be handled in accordance with the provisions of relevant laws and regulations.
article 26 if the transfer of a construction project with demolition compensation and resettlement has not been completed, the relevant rights and obligations in the original demolition compensation agreement shall be transferred to the transferee with the consent of the urban housing demolition management department. The transferor and transferee of the project shall notify the demolished person and the lessee in writing and make an announcement within 31 days from the date of signing the transfer contract.
article 27 when a person who is to be demolished, a lessee of a house or a user of a house without real estate registration applies to the departments of public security, civil affairs, labor, education, health, postal services, telecommunications, electric power, etc., the relevant departments shall handle it.
article 28 the primary and secondary school students involved in the demolition can attend the original school or the school where the household registration is located after the demolition, and the school shall not charge school selection fees or other fees on the grounds that students are not from the school district.
article 29 the urban house demolition management department shall sign a supervision agreement on the use of demolition compensation and resettlement funds with the demolition person and the financial institution that issues the deposit certificate of demolition compensation and resettlement funds. The funds for compensation and resettlement for demolition shall be deposited in the special account opened by the demolition person in a financial institution.
the administrative department of urban house demolition should strengthen the supervision on the use of compensation and resettlement funds for house demolition, and ensure that all the compensation and resettlement funds for house demolition are used for compensation and resettlement.
thirtieth urban housing demolition management departments should establish and improve the housing demolition archives management system, and strengthen the management of housing demolition archives. Demolition and the entrusted demolition unit shall, in accordance with the provisions, establish housing demolition files and submit relevant information to the urban housing demolition management department.
Chapter III Compensation and Resettlement for Demolition
Article 31 The demolisher shall compensate and resettle the demolished person in accordance with the provisions of these Measures.
demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; The demolition of temporary buildings that have not exceeded the approved period shall be compensated according to the replacement price of the building and the remaining service period.
article 32 the compensation method for house demolition can be monetary compensation or property right exchange. Unless otherwise stipulated in these measures, the person being taken has the right to choose the compensation method.
if monetary compensation is implemented for house demolition, the amount of monetary compensation shall be determined according to the location, use, construction area and other factors of the house to be demolished and the real estate market evaluation price.
in case of property right exchange in house demolition, the demolisher and the demolished person shall, in accordance with the provisions of these measures, calculate the monetary compensation amount of the demolished house and the price of the exchanged house, and settle the price difference of property right exchange.
If the appendages of non-public welfare houses are demolished, the property rights will not be exchanged, and the demolisher will give monetary compensation.
Article 33 If the leased house is demolished, the demolished person and the lessee terminate the lease relationship, or the demolished person resettles the lessee, the demolished person shall compensate the demolished person; If the demolished person and the lessee cannot reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person, except for the circumstances stipulated in Article 41 of these Measures.
Article 34 Where monetary compensation is implemented for the demolition of buildings and houses, the monetary compensation amount shall be calculated according to the following formula:
(1) Monetary compensation amount of owner-occupied houses = building area of demolished houses × unit price of real estate market evaluation of demolished houses+subsidized area × unit price of real estate market evaluation of demolished houses × 41%.
(2) The monetary compensation amount of the lessee who implements the rent standard stipulated by the government = the construction area of the demolished house × the unit price of the demolished house real estate market evaluation × 81%+the subsidized area × the unit price of the demolished house real estate market evaluation × 41%.
article 35 if the unit price of the real estate market evaluation of the demolished buildings and residences is lower than the unit price of the compensation guarantee for the demolished buildings and residences stipulated by the government, the compensation amount shall be calculated according to the unit price of the compensation guarantee for the demolished buildings and residences stipulated by the government.
the unit price of compensation and guarantee for building house demolition stipulated by the government is determined according to the average transaction price of the stock housing real estate market in the area where the demolished house is located in the previous year, combined with the floor and orientation of the building and other factors.
article 36 where monetary compensation is applied to the demolition of self-occupied bungalow houses, if the assessed amount of the real estate market fails to reach the compensation amount calculated according to the following formula, the demolition person shall make compensation according to the compensation amount calculated according to the following formula, except for the circumstances specified in item 1 of Article 41 and Article 41 of these Measures.
monetary compensation amount of owner-occupied house = building area of demolished house × unit price of compensation and guarantee for demolition of bungalow house specified by the government+subsidized area × unit price of compensation and guarantee for demolition of bungalow house specified by the government × 41%.
the unit price of compensation and guarantee for the demolition of bungalow houses stipulated by the government is determined according to the average transaction price of the real estate market of existing houses in the area where the houses are located in the previous year.
article 37 where monetary compensation is applied to the demolition of bungalows with rent standards stipulated by the government, the lessee's monetary compensation amount = the construction area of the demolished houses × the unit price of compensation and guarantee for demolition of bungalows stipulated by the government × 81%+the subsidized area × the unit price of compensation and guarantee for demolition of bungalows stipulated by the government × 41%.
article 38 for the demolition of residential houses with a building area of less than 45 square meters, an area subsidy shall be given, with the subsidized area = 45 square meters-the building area of the house to be demolished.
the demolished person and the lessee can only enjoy a housing area subsidy if they use the residential housing to rent for profit in the urban planning area of this municipality.
Article 39 The regional division and government of the demolished residential houses