Article 1 In order to strengthen the management of urban house demolition, standardize the behavior of urban house demolition, safeguard the legitimate rights and interests of the parties involved in the demolition, and ensure that urban house demolition is carried out in an orderly manner according to law, these Regulations are formulated in accordance with the Regulations of the State Council on the Management of Urban House Demolition and other relevant laws and administrative regulations, combined with the actual situation of this province.

Article 2 These Regulations shall apply to the implementation of house demolition on state-owned land within the urban planning area of this province and the need for compensation and resettlement for the demolished people.

Article 3 The parties involved in the demolition mentioned in these Regulations include the demolition, the demolition and the lessee of the demolished house. Demolition refers to the unit that has obtained the house demolition permit, and the demolished refers to the owner of the house to be demolished.

Article 4 Urban house demolition must conform to urban planning, be conducive to the transformation of old urban areas, improve urban environment and living conditions of residents, and protect urban historical and cultural characteristics and cultural relics.

Fifth provincial people's government construction administrative departments to implement supervision and management of the province's urban housing demolition work.

The people's governments of cities and counties (cities) with districts and the housing demolition management departments of regional administrative offices are responsible for the supervision and management of urban housing demolition work within their respective administrative areas.

The land administrative departments of the people's governments at or above the county level shall be responsible for the land management related to urban housing demolition in accordance with the provisions of relevant laws and regulations.

Other relevant departments of the people's governments at or above the county level shall, in accordance with the relevant laws, regulations and the provisions of this Ordinance, cooperate with each other to do a good job in urban housing demolition.

Chapter II Demolition Management

Article 6 The competent department of urban planning administration of the people's government of a city or county (city) divided into districts shall organize the preparation of a detailed regulatory plan for the transformation of old urban areas and submit it for approval according to law. Urban housing demolition blocks should have approved detailed planning for construction.

The people's governments of cities and counties (cities) divided into districts shall, according to the requirements of the overall urban planning and the regulatory detailed planning for the transformation of old areas, and according to the local social and economic development level, organize relevant departments to formulate long-term and annual plans for urban housing demolition. The annual plan for house demolition shall be reported to the people's government at the next higher level for the record.

Construction projects involving demolition shall be publicized in an appropriate form before examination and approval, and the opinions of interested parties within the planned demolition shall be fully listened to. Once the construction project planning is approved, the construction unit shall not change it without authorization; If it is really necessary to change, it must be re-approved by the competent department of city planning administration. The competent department of city planning administration shall re-publish the changes before approving them.

Do not meet the provisions of the first three paragraphs, shall not implement the house demolition.

Article 7 The demolition can be carried out only after the demolition permit is obtained according to law. To apply for a house demolition permit, the following materials shall be submitted to the house demolition management department of the city or county (city) where the house is located (hereinafter referred to as the house demolition management department):

(a) the approval document of the construction project;

(two) the construction land planning permit;

(three) the approval document of the right to use state-owned land;

(four) the demolition plan and demolition plan;

(five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business;

(six) a clear and uncontroversial proof of resettlement housing. The demolition plan specified in Item (4) of the preceding paragraph shall include the scope, mode, time limit, commencement and completion time of the project; The demolition plan shall include the demolition compensation and resettlement fund budget, temporary turnover housing and property rights exchange resettlement housing arrangements.

Article 8 When a house demolition unit applies for a house demolition permit, its demolition compensation and resettlement funds shall not be less than 80% of the total demolition budget, and the value of existing houses provided by the house demolition unit for resettlement may be discounted, but it shall not exceed 30% of the demolition compensation and resettlement funds. The value of resettlement houses is determined according to the evaluation report provided by the demolition unit; If the compensation and resettlement funds for demolition are insufficient, the demolition unit shall make up for it within the time limit prescribed by the house demolition management department.

Ninth demolition compensation and resettlement funds should be earmarked, the demolition of housing units shall not be used for evacuation, transfer and other purposes.

Units that demolish houses shall sign an agreement on the use of special funds for housing demolition compensation and resettlement with financial institutions that handle deposit business, and report to the housing demolition management department for the record when receiving the housing demolition permit; Housing demolition management departments should strengthen the supervision and inspection of the use of compensation and resettlement funds for demolition.

Tenth housing demolition management department shall, within 30 days from the date of receiving the application for housing demolition, review the application matters. Upon examination, if it conforms to the provisions of Article 7, Article 8 and Article 9 of this Ordinance, a house demolition permit shall be issued; Do not meet its requirements, shall not be issued housing demolition permit, and give a written reply, explain the reasons.

The house demolition management department shall strengthen the supervision and inspection of the demolition of the people who have received the house demolition permit.

Eleventh housing demolition management department shall, within 5 days from the date of issuing the housing demolition permit, announce the demolition, demolition scope, demolition period and other matters specified in the housing demolition permit within the scope of demolition.

Housing demolition management departments and residents should do a good job in publicity and explanation to residents.

Twelfth housing demolition management department according to the construction land planning permit and the approval documents of state-owned land use rights, determine the scope of demolition, demolition within the scope of units and individuals shall not carry out the following activities:

(a) new construction, expansion and reconstruction of houses and their attachments;

(2) Changing the use of houses and land;

(3) Establish a new house lease relationship. The house demolition management department shall 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 year; If the demolition needs to extend the suspension period, it shall be approved by the house demolition management department, and the extension of the suspension period shall not exceed 1 year.

The competent department of city planning administration shall notify in writing the units and individuals that have obtained the construction project planning permit within the scope of demolition to stop building, rebuilding and expanding houses and their appendages.

Thirteenth demolition should be within 5 days from the date of receiving the permit for house demolition, and the following contents should be publicized within the scope of demolition, and the publicity time should not be less than 30 days:

(a) construction land planning permit;

(2) Housing demolition permit;

(three) the demolition plan and demolition plan;

(four) the implementation of compensation and resettlement funds;

(5) Other contents that need to be publicized.

Fourteenth demolition and demolition shall sign a written agreement on compensation and resettlement for house demolition according to law.

Demolition of rental housing, the demolition should be with the demolition, housing tenant signed a written agreement on housing demolition compensation and resettlement.

Demolition shall, within 05 days from the date of signing the compensation and resettlement agreement for house demolition, file with the house demolition management department.

Fifteenth monetary compensation, housing demolition compensation and resettlement agreement shall specify the following items:

(a) the location, construction area, structural type, level, apartment type, orientation and land use right acquisition method of the house to be demolished;

(two) the amount of monetary compensation and the payment method and time limit;

(3) Time limit for relocation;

(four) relocation subsidies and other relocation compensation fees and their payment methods and time limit;

(5) Liability for breach of contract and dispute settlement methods;

(six) other matters that the parties think need to be clarified.

Sixteenth the implementation of housing property rights exchange, housing demolition compensation and resettlement agreement in addition to the provisions of this Ordinance (1), (3), (4), (5) and (6), it should also contain the following items:

(a) the location, construction area, structural type, level, apartment type and orientation of the resettlement house;

(two) the relocation transition mode and transition period;

(three) the location, construction area, structural type, level and living facilities such as water, electricity, gas and heating;

(four) the settlement method and time of the house property right exchange price difference;

(five) the payment method and time limit of temporary resettlement subsidies.

Seventeenth demolition compensation and resettlement funds and resettlement of the people who have been taken are not implemented, and the demolition shall not be carried out.

Eighteenth in the demolition period, the demolition shall not be carried out to cause the demolition of water, electricity, gas, heating, sewage, traffic jams and other acts that affect production and life.

Nineteenth houses to be demolished in any of the following circumstances, the demolition of housing demolition compensation and resettlement program, approved by the housing demolition management department after the implementation of the demolition:

(a) there is a property right dispute;

(two) the whereabouts of the property owner is unknown;

(three) temporarily unable to determine the owner of property rights. Before the house demolition, the demolition person shall handle the evidence preservation at the notary office on the relevant matters of the demolished house.

Chapter III Compensation and Resettlement for Demolition

Twentieth people should be taken compensation and resettlement according to law; The person to be demolished shall complete the relocation within the relocation period.

Demolition compensation can be monetary compensation, but also the exchange of housing property rights. Unless otherwise stipulated by the state, the person being demolished may choose the compensation method for demolition according to law.

The amount of monetary compensation for the house to be demolished and the price of the house to be exchanged shall be determined by the demolition and the demolition according to their location, use, structural type, construction area, decoration and other factors; If negotiation fails, it shall be determined by the appraised price of the real estate market. Measures for evaluating the price of house demolition shall be formulated by the provincial people's government.

Twenty-first houses to be demolished in any of the following circumstances, no compensation;

(a) illegal buildings and temporary buildings exceeding the approved period;

(two) after the scope of demolition is determined and announced, new houses are built, and houses are expanded and rebuilt.

Twenty-second the construction area of the house to be demolished shall be based on the records of the house ownership certificate.

The use of the house to be demolished shall be subject to the records of the house ownership certificate; If the purpose of the house ownership certificate is not recorded, it shall be confirmed by the administrative department of house ownership registration of the city or county (city) with districts according to the legal and valid documents provided by the administrative department of city planning.

Twenty-third due to the demolition of non residential houses caused by the operators to stop production or business, the demolition should give appropriate compensation.

If the property right within the scope of demolition is residential, and the business license has been obtained according to law before the demolition permit is issued, the demolition person shall give appropriate compensation according to its operating years and actual tax payment situation.

The specific compensation measures specified in the preceding two paragraphs shall be formulated by the provincial people's government.

Twenty-fourth demolition of schools, hospitals, stadiums, kindergartens and other houses used for social welfare undertakings and their attachments, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation.

Twenty-fifth housing demolition involves military facilities, churches, temples, cultural relics, historical and cultural cities, historical and cultural blocks, in accordance with the provisions of relevant laws and regulations. Old and famous trees involved in house demolition shall be protected according to law; Other flowers, trees, green space, in accordance with the city planning can not be retained, the demolition should be replanted, replanted or compensated in accordance with the relevant provisions.

Twenty-sixth urban housing demolition needs to relocate public facilities or various pipelines, by the owner in accordance with the city planning, relocation costs, relocation compensation. The amount of compensation and payment method shall be determined by both parties through consultation.

Twenty-seventh the implementation of housing property rights exchange, the demolition has the right to require the demolition of housing not less than the original construction area. The demolisher and the demolished shall settle the price difference between the demolished house and the resettlement house.

The prices of demolished houses and resettlement houses are determined according to the real estate market evaluation price.

The dismantler shall assist the dismantler in handling the registration formalities for the change of ownership and land use right of the resettlement house, and provide the necessary supporting documents.

Article 28. Residents who enjoy urban subsistence allowances only have one house and the construction area of the house to be demolished is less than 45 square meters. If property rights are exchanged, residents will provide a complete house with a construction area of not less than 45 square meters as a resettlement house. The price difference will not be settled for the part of the resettlement house within 45 square meters, and the part exceeding 45 square meters will be settled at the real estate market price.

The house demolition management department shall publicize the personnel who enjoy the conditions specified in the preceding paragraph within the scope of demolition and accept social supervision.

Twenty-ninth resettlement houses provided by residents must comply with the provisions of relevant laws and regulations, and meet the relevant technical, quality and safety standards.

Thirtieth demolition resettlement housing for auction, the transition period of low-rise and multi-storey houses shall not exceed 2 years; The transition period of middle and high-rise buildings shall not exceed 3 years. The transition period is calculated from the date of relocation of the demolished person.

Thirty-first in the transitional period of housing demolition, the demolition or housing tenant to solve the housing, the demolition should pay temporary resettlement subsidies within 3 months from the month of relocation. Temporary resettlement subsidies are determined according to the average price of local rent of residential houses with considerable area and demolished area. If the demolished person or lessee uses the revolving house provided by the demolished person, the demolished person will no longer pay the temporary resettlement subsidy.

Due to the responsibility of the demolition to extend the transition period, since the overdue month, the demolition should pay temporary resettlement subsidies in accordance with the original standard of 3 times; If the demolisher has provided the revolving house, in addition to continuing to provide the revolving house, he shall also pay the temporary resettlement subsidy from the overdue month.

Thirty-second housing units to implement monetary compensation, the demolition should pay housing compensation and resettlement funds at the same time, pay relocation subsidies; If the house to be demolished has a lessee, the demolisher shall pay the relocation subsidy to the lessee.

The demolition of houses with property rights exchange, the demolition should pay relocation subsidies to the demolition or housing tenant. When the demolished person or lessee moves from the revolving house to the resettlement house, the demolished person shall pay the relocation subsidy again.

Thirty-third relocation subsidies and temporary resettlement subsidies standards formulated by the provincial people's government.

Chapter IV Demolition Assessment

Thirty-fourth districts of the city and county (city) people's government shall, according to the provincial people's government to develop housing demolition price assessment methods, formulate and publish a local housing demolition assessment guidance price every year.

Article 35 After receiving the house demolition permit, the demolisher shall entrust a real estate price appraisal institution to evaluate the demolished house according to the house demolition evaluation guide price, determine the reference price of the compensation standard for the demolished house within the scope of demolition, and publicize the main information of the demolished house such as evaluation factors and evaluation basis within the scope of demolition, and accept social supervision. The publicity time shall not be less than 10 days.

Thirty-sixth houses to be demolished shall be evaluated by institutions with real estate price evaluation qualifications according to the guiding price of house demolition evaluation.

Real estate price appraisal shall comply with the norms of real estate appraisal, and be open, fair and just.

The real estate price appraisal report shall be signed by the registered real estate appraiser and sealed by the appraisal institution to which it belongs.

Thirty-seventh districts of the city housing demolition management department shall establish a real estate price evaluation expert database.

A technical appraisal expert shall have the qualification of a registered real estate appraiser who has been engaged in real estate price appraisal for more than 5 years.

Thirty-eighth housing demolition price evaluation time for the date of issuance of housing demolition permits; If the demolition period is extended, the appraisal point is the date when the extension of the demolition period is approved.

Thirty-ninth demolition and demolition of housing demolition compensation price can not reach an agreement, it should be negotiated within 65+00 days to determine the real estate price assessment agencies; If the negotiation fails, upon the application of the parties, the house demolition management department will organize the demolition to randomly select a real estate appraisal agency with real estate price appraisal qualification for evaluation.

The assessment fee specified in the preceding paragraph shall be paid by the residents.

Fortieth parties to house demolition shall assist the real estate price assessment agencies to assess, provide relevant information and cooperate with the field investigation.

Forty-first demolition and demolition of real estate price assessment agencies recognized the evaluation results, compensation according to the evaluation results. If there is any objection to the evaluation results, you can entrust other real estate price evaluation agencies to re-evaluate. The appraisal fee shall be paid by the entrusting party.

If the error between the re-evaluation result and the original evaluation result is within 3%, the original evaluation result shall be adopted. If the error range between the re-evaluation results and the original evaluation results exceeds 3%, the parties involved in house demolition can solve it through consultation; If negotiation fails, upon the application of the parties concerned, the administrative department of house demolition in the local districted city shall organize the demolisher and the demolished person to randomly select five or more experts from the expert database to form a technical appraisal expert committee for real estate price appraisal, and appraise the evaluation results. If one of the appraisal results is maintained after appraisal, the appraisal fee shall be borne by the party applying for appraisal; Appraisal needs to be re-evaluated, and the cost of re-evaluation appraisal shall be shared by the original two appraisal institutions.

Chapter V Adjudication of Demolition Disputes

Forty-second after the conclusion 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 lawsuit to the people's court according to law. During the litigation, the person being demolished may apply to the people's court for execution according to law.

Forty-third housing demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, the parties may apply to the housing demolition management department for demolition; The house demolition management department is the demolition person, and the people's government of the city or county (city) where the house to be demolished is located shall make a ruling.

Article 44 An application for an award shall meet the following conditions:

The applicant is a demolition party;

(2) Having a clear respondent;

(3) There are specific requests for adjudication, facts and reasons;

(four) the time for the applicant to apply shall not exceed 30 days before the expiration of the demolition period.

Article 45 When applying for an adjudication, a party shall submit a written application to the adjudication authority, and at the same time submit a copy of the application according to the number of respondents.

The application shall contain the following items:

(a) the name, sex, age, occupation, work unit, identity certificate and domicile of the party concerned, the name and domicile of the legal person or other organization, and the name and position of the legal representative or person in charge;

(two) the request for adjudication and the facts and reasons on which it is based;

(3) Evidence and its source, name, identity certificate and domicile of the witness;

(4) Other contents that need to be explained.

Forty-sixth the applicant is the demolition, it shall also provide the following information:

(a) housing demolition permit;

(two) the structure, construction area, schematic plan and corresponding evaluation report of the demolished houses and resettlement houses;

(3) Other materials that need to be provided. If the demolished person or the lessee refuses to cooperate, and the demolished person cannot provide the structure, construction area, floor plan and evaluation report of the house to be demolished, an explanation can be made in the application form, and corresponding certification materials can be provided. It is acceptable if the ruling authorities verify that the situation is true.

Forty-seventh the applicant is the demolition or housing tenant, it shall also provide the following information:

(a) the certificate of ownership of the house or the certificate of lease relationship;

(two) household registration book, ID card and other legal proof of identity;

(3) Other materials that need to be provided.

Article 48 The adjudication organ shall conduct an examination within 10 days from the date of receiving the application for adjudication. In line with the acceptance conditions, send a notice of acceptance to the applicant; Do not meet the acceptance conditions, send a notice of rejection to the applicant, and explain the reasons.

The adjudication organ shall send a copy of the application to the respondent within 10 days from the date of accepting the application for adjudication. The respondent shall submit a written reply to the adjudication organization within 10 days from the date of receiving the copy of the application.

Forty-ninth ruling organs shall follow the principle of voluntariness and legality to mediate in the adjudication of urban house demolition disputes; If mediation fails, a ruling shall be made within 30 days from the date of accepting the application for ruling.

Fiftieth ruling organs shall adhere to the principles of openness, fairness and impartiality in ruling urban housing demolition disputes.

If the staff of the adjudication organ has an interest in the matters decided, they should withdraw. When the adjudication organ makes a ruling, if the parties request a hearing, the adjudication organ shall organize a hearing.

Fifty-first demolition parties who are dissatisfied with the ruling of the ruling authority or the application for ruling may apply for administrative reconsideration or bring a lawsuit to the people's court according to law.

Article 52 If the demolisher gives monetary compensation to the demolished person in accordance with the provisions of these Regulations, or provides the demolished person or lessee with resettlement houses or revolving houses, and the demolished person or lessee fails to move 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 compulsory demolition, or the house demolition management department shall apply to the people's court for compulsory demolition according to law.

Before the implementation of compulsory demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.

Chapter VI Legal Liability

Fifty-third in violation of the provisions of the provisions of article eighteenth, during the demolition of water, electricity, gas, heating, sewage, traffic jams, etc. If the life of the demolished person or the lessee who has not moved is interrupted due to the behavior of the demolished person, the house demolition management department shall order it to make corrections, and if the circumstances are serious, a fine of 30,000 yuan or more and 50,000 yuan or less shall be imposed; Causing losses, the demolition should be compensated according to law.

Fifty-fourth in violation of the relevant provisions of these regulations, the real estate appraisal price is obviously unfair, and the appraisal result is invalid; If losses are caused to the parties, the real estate appraisal institution shall be liable for compensation according to law, and the house demolition management department shall give a warning to the real estate appraisal institution, reduce its qualification level according to law, and revoke its qualification certificate if the circumstances are serious.

Article 55 In violation of Article 6 and Article 50 of these regulations, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of warning, demerit recording and gross demerit recording according to law; If serious consequences are caused, administrative sanctions such as demotion, dismissal and expulsion shall be given according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fifty-sixth one of the following acts, the person in charge directly responsible for the housing demolition management department and other directly responsible personnel shall be given administrative sanctions according to law:

(a) in violation of the provisions of this Ordinance issued housing demolition permits and other approval documents;

(two) after issuing the house demolition permit and other approval documents, failing to perform the duties of supervision and management, or failing to investigate and deal with the illegal acts;

(three) failing to issue a demolition notice in accordance with the provisions of these regulations;

(four) the implementation of housing demolition management department;

(five) the implementation of compulsory demolition in violation of the provisions of this Ordinance;

(six) other acts in violation of the provisions of this Ordinance. Whoever commits the acts mentioned in the preceding paragraph and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter VII Supplementary Provisions

Fifty-seventh in the implementation of housing demolition on state-owned land outside the urban planning area of this province, and the need for compensation and resettlement for the demolition, with reference to the implementation of this Ordinance.

Fifty-eighth in the province's urban planning area collective land for housing demolition, and need compensation and resettlement, in accordance with the provisions of relevant laws and regulations.

Article 59 These Regulations shall come into force on June 1 2004.