Tongzheng [2004] No. 24

Chapter I General Provisions

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, and to ensure the smooth progress of the construction project, according to the "Regulations on the Management of Urban Housing Demolition and Relocation," the "Measures for the Management of Urban Housing Demolition and Relocation in Anhui Province" and relevant provisions, combined with the actuality of the city, to formulate the present measures.

The second article is about the management of urban housing demolition.

Article 2 in the city's urban planning area on state-owned land for the implementation of housing demolition, the need for compensation, resettlement of the people being demolished, shall comply with these measures, the implementation of a unified policy.

Article 3 The demolition and relocation work to implement unified management. Municipal real estate management bureau of urban housing demolition and relocation of supervision and management, which belongs to the municipal housing demolition and relocation management office is specifically responsible for urban housing demolition and relocation of management.

Municipal construction, planning, planning, cityscape, land, public security, industry and commerce, culture, environmental protection and other departments and the people's governments of the districts should be in accordance with their respective responsibilities, and cooperate with each other to ensure that urban housing demolition and relocation of management work is carried out smoothly.

Article 4 The demolition must be in accordance with the provisions of these measures, the demolition of people to give compensation, resettlement; the demolition shall be subject to the needs of urban construction, in the required relocation period to complete the relocation.

The demolition and relocation of people referred to in these Measures, refers to obtaining a housing demolition and relocation of units.

The term "demolished" refers to the owner of the demolished house.

Chapter II: Management of demolition

Article 5 The demolition of housing units to obtain housing demolition and relocation permits before the implementation of demolition. An application for a housing demolition and relocation permit shall be submitted to the Municipal Real Estate Administration Bureau with the following information:

(1) the approval documents of the construction project;

(2) the planning permit of the construction site;

(3) the approval documents of the right to use the state-owned land;

(4) the plan of demolition and relocation and the demolition program;

(5) the proof of funds for demolition and relocation compensation and resettlement from the designated financial institutions. (e) Proof of funds for compensation and resettlement for demolition and relocation issued by the designated financial institution.

The demolition plan as stipulated in paragraph (d) of the preceding paragraph shall include the scope of demolition and relocation, mode, period, etc.; demolition program shall include the status of the demolished houses, various compensation and subsidy cost estimates, property rights exchange housing resettlement standards, the new resettlement housing floor plan and location, the way of temporary transition and its specific measures. Item (e) of the provisions of the demolition and relocation compensation and resettlement funds deposits should be not less than the total floor area of the demolished house multiplied by the last year of the same type of lot, the same nature of the house of monetary compensation benchmark price, the demolition of the house used for property rights exchange can be counted as a discount.

Article 6 The Municipal Real Estate Administration shall, within 30 days from the date of receipt of the application for house demolition and relocation of review, to meet the conditions, the issuance of house demolition and relocation license. For those who do not meet the conditions, return the application and explain the reasons.

The scope of demolition and relocation approved by the housing demolition and relocation permit shall not exceed the approved scope of land use planning permit for construction.

Article 7 The Municipal Real Estate Administration shall, at the same time as the issuance of housing demolition and relocation permits, housing demolition and relocation permits contained in the name of the construction project, demolition and relocation of people, demolition and relocation of the scope of the demolition and relocation of the demolition and relocation of the period, demolition and relocation of compensation and resettlement standards, and other matters, in the form of housing demolition and relocation announcements.

Municipal Real Estate Administration and the demolition should be timely to the demolished people to do a good job of publicity and explanation.

Article 8 The demolition and relocation shall be carried out within the scope of demolition and relocation of housing demolition and relocation permits determined by the demolition and relocation of housing demolition and relocation period.

The need to expand or reduce the scope of demolition and relocation, demolition and relocation of the extension of the period, the demolition and relocation of people shall be demolished and relocated 10 days before the expiration of the term to the Municipal Real Estate Administration to submit an application. Municipal Real Estate Administration shall review the application within 10 days from the date of receipt of the application, meet the conditions, change the housing demolition and relocation license, and will change the relevant content of the housing demolition and relocation license shall be published; do not meet the conditions of the return of the application, and explain the reasons.

Article 9 The demolition and relocation of the demolition and relocation of the person can be their own demolition and relocation, can also be entrusted with the demolition and relocation of qualified units for demolition and relocation. The Municipal Real Estate Administration shall not act as a demolition and relocation, shall not accept the demolition and relocation entrusted.

Demolition entrusted by the demolition, shall be entrusted to the demolition unit issued a power of attorney, and demolition entrusted to enter into a contract, the demolition shall be demolished from the date of the demolition entrusted to enter into a contract within 15 days, reported to the Municipal Real Estate Administration Bureau for the record.

The entrusted demolition unit shall not transfer the entrusted business.

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 construction, safe construction, keep the environment clean.

Article 10 demolition and relocation of the scope of determination, demolition and relocation of units and individuals within the scope of the following activities shall not be carried out:

(a) new construction, expansion, alteration of housing;

(b) change the use of housing and land;

(c) leasing housing.

The Municipal Real Estate Administration shall be on the matters listed in the preceding paragraph, notify the relevant departments in writing to suspend the relevant procedures. Suspension shall not exceed one year; the demolition of the need to extend the suspension period must be approved by the Municipal Real Estate Administration, the extension of the suspension period shall not exceed one year.

The relevant departments after receiving the notice of the Municipal Real Estate Administration, on the matters listed in this article for the relevant procedures are invalid, and shall not be used as the basis for compensation and resettlement of demolition.

Article 11 After the announcement of house demolition and relocation, the demolition and relocation of the demolition and relocation of people shall be in the house demolition and relocation of the demolition and relocation of people within the period specified in the license, in accordance with the provisions of these Measures, signed the agreement on compensation and resettlement of demolition and relocation. The agreement shall include the following contents:

(1) the method of compensation for demolition and relocation, the amount of monetary compensation and the period of its payment;

(2) the area of resettlement housing, standards and resettlement location;

(3) the method of payment of the difference in price of the house for property rights exchange and the period of time;

(4) the period of moving, the method of transition to relocation and the period of transition;

(5) Relocation subsidy and temporary resettlement subsidy;

(6) Liability for breach of contract and dispute resolution;

(7) Other terms agreed by the parties.

Article 12 The demolition and relocation of leased housing, the demolition and relocation shall be with the demolition and relocation of the person, the housing tenant signed a demolition and relocation compensation and resettlement agreement.

Demolition and relocation of the Municipal Real Estate Administration of the house, the demolition and relocation shall be signed with the escrow compensation and resettlement agreement; escrowed housing has a user, the demolition and relocation of the house shall be signed with the escrow, the user of the demolition and relocation of compensation and resettlement agreement. The demolition compensation and resettlement agreement under this paragraph shall be notarized by the notary public, and for the preservation of evidence.

Article 13 The demolished house has one of the following circumstances, the demolition and relocation compensation and resettlement program proposed by the demolition and relocation, reported to the Municipal Real Estate Administration Bureau of the examination and consent to carry out the demolition and relocation:

(a) there are disputes over the property rights;

(b) property rights of the whereabouts of the person is not known;

(c) the house **** someone on the way of demolition and relocation compensation to reach a unanimous view.

The cases listed in the preceding paragraph before the demolition of houses, the demolition shall be demolished and relocated to the notary public for evidence preservation.

Article 14 After the signing of the agreement on compensation and resettlement for demolition, the demolished person or housing tenant refuses to move within the relocation period, the demolition and relocation of the person can apply to the Arbitration Commission for arbitration in accordance with the law, can also be sued in accordance with the law to the people's court. During the litigation, the demolition and relocation of people can apply for the people's court in accordance with the law to execute first.

Article XV of the demolition and relocation of the parties to reach a demolition and relocation of compensation and resettlement agreement, by the parties to the application of the Municipal Real Estate Administration ruling. Municipal real estate administration shall receive a written decision within 30 days from the date of application for a decision; decision before the decision, the municipal real estate administration shall hear the views of the parties involved in the demolition and relocation.

The parties involved in the demolition and relocation of the ruling, you can apply for administrative reconsideration or administrative litigation to the people's court. In addition to the need to stop the implementation of the circumstances, the demolition and relocation in accordance with the provisions of these measures has been given to the demolition and relocation of monetary compensation or the provision of demolition and relocation of resettlement housing, swing space, the review and litigation period does not stop the demolition and relocation of the implementation.

Article 16 The demolished person or housing tenant in the ruling of the relocation period is not relocated, by the Municipal Real Estate Administration shall apply to the People's Court for compulsory demolition, or by the Municipal People's Government instructed the relevant departments to compulsory demolition.

Before the implementation of compulsory demolition, a hearing shall be held. Demolition shall be demolished and relocated on matters related to housing, to the notary public for evidence preservation.

Article 17 of the administrative compulsory demolition, in accordance with the following provisions:

(a) the demolition to the Municipal Real Estate Administration of the compulsory demolition application;

(b) the Municipal Real Estate Administration shall, from the date of receipt of the application for compulsory demolition of the site within 10 days of the investigation, after a hearing, the views of the proposed compulsory demolition, accompanied by the demolition license, the decision and other Relevant materials, reported to the Municipal People's Government;

(C) the Municipal People's Government shall, within 10 days from the date of receipt of the opinion of compulsory demolition and relocation of review, to meet the conditions, make a decision on compulsory demolition and relocation, and instructed the Municipal Real Estate Administration Bureau, public security, cityscape, planning and other departments, and the district government, the street office, etc., the organization of the implementation of compulsory demolition and relocation of personnel;

(D) the Municipal Real Estate Administration Bureau Should be implemented in the mandatory demolition of 15 days before the notification of the demolition of the parties;

(e) the implementation of mandatory demolition, the Municipal Real Estate Administration shall produce a transcript to prove the process of compulsory demolition and relocation of property, signed by the executor, the executor refused to sign, should be noted in the transcript.

Article 18 The demolition of urban housing involves public **** facilities or various pipeline relocation, the demolition shall be in accordance with the provisions of the relevant procedures. Its owner shall relocate within the period specified in the demolition, and the required relocation costs shall be compensated by the demolition.

Article 19 The demolition and relocation in the demolition and relocation compensation and resettlement agreement or ruling within the specified period of relocation, shall not be relocated to the demolished person or housing tenant to stop the water supply, power supply, gas supply and other acts affecting the production and life.

The demolished person shall not damage or demolish the ****use facilities of the demolished house.

Article 20 has not yet completed the demolition compensation resettlement of the construction project transfer, shall be approved by the Municipal Real Estate Administration, the original demolition compensation resettlement agreement in the rights and obligations are transferred to the transferee. The transferor and transferee of the project shall notify the demolished person in writing, and shall be published within 30 days from the date of signing the transfer contract.

Article 21 The demolition and relocation shall be designated by the Municipal Real Estate Administration of the financial institutions to open demolition compensation and resettlement funds account, in accordance with the provisions of the funds deposited into the demolition compensation and resettlement. Without the approval of the Municipal Real Estate Administration, the demolition and relocation shall not use the demolition compensation and resettlement funds.

Demolition compensation and resettlement funds should be used for housing demolition compensation, resettlement, shall not be diverted to other uses. Municipal Real Estate Administration shall strengthen the supervision of the use of demolition compensation and resettlement funds.

Article 22 The Municipal Real Estate Administration shall collect the following information on house demolition and relocation, and establish house demolition and relocation files:

(a) the relevant approval documents for house demolition and relocation and construction;

(b) the demolition and relocation plan and demolition and relocation program and its adjustment information;

(c) a copy of the contract of entrusted demolition and relocation;

(d) the demolition and relocation process of Administrative law enforcement documents;

(E) other archival materials related to demolition and relocation.

Chapter III Compensation and Resettlement for Demolition and Relocation

Article 23 The way of compensation for house demolition and relocation can be implemented in the form of monetary compensation, can also be implemented in the exchange of housing property rights. Except as otherwise provided by laws and regulations, the demolished person shall have the right to choose the method of compensation for demolition and relocation.

Article 24 The determination of the use and floor area of the demolished house shall be based on the use and floor area marked on the land title certificate and other valid certificates of property rights of the demolished house.

April 1, 1990 "Chinese People's *** and the State Urban Planning Law" before the implementation of the change in the use of housing and the use of the changed purpose to continue to use, according to the application of the owner of the house, by the Municipal Real Estate Administration Bureau of the change of registration, in accordance with the change of the use of the determination.

Article 25 of the demolition of illegal structures within the scope of demolition and removal and more than the approved period of temporary construction, the owner shall be demolished within the demolition period specified in the housing demolition and removal permits. No compensation shall be paid for the demolition of illegal buildings and temporary buildings exceeding the approved period; the demolition of temporary buildings not exceeding the approved period shall be compensated in accordance with the construction cost of the demolished buildings combined with the remaining period.

Article 26 The amount of monetary compensation for the demolished houses 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 publish the monetary compensation based on the benchmark price, combined with the location of the demolished house, use, floor area, building structure, new and other factors assessed to determine.

Article 29 The implementation of housing property rights exchange, the demolition shall provide not less than the original floor area of the house demolished resettlement housing, and by the demolition of the demolition of the demolition and the demolished in accordance with the provisions of Article 26 of the Measures, the calculation of the amount of compensation for the demolished house and resettlement housing prices, settlement of the difference in the exchange of property rights.

The resettlement house provided by the demolition and relocation agent shall comply with the national quality and safety standards; if it belongs to the newly built resettlement house, it shall comply with the requirements of the design specifications and pass the acceptance.

Article 30 The demolished person belongs to the special difficulties of life, the per capita floor area of the demolished residential housing is lower than the city's per capita floor area, the implementation of property rights exchange, the demolition and relocation of the city shall provide not less than the per capita floor area of the city housing as a resettlement house. 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 households with special difficulties in life as stipulated in the preceding paragraph refer to the urban residents who enjoy the minimum subsistence guarantee in accordance with the relevant provisions of the city.

Article 31 of the demolition of public welfare buildings, the demolition shall be rebuilt in accordance with the provisions of laws and regulations and urban planning requirements, or 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 32 of the demolition of houses with mortgages, in accordance with national laws on security.

Article 33 of the demolition of public housing, housing tenants in accordance with the housing reform policy to enjoy the right to buy a house, housing tenants to buy a house, the demolition shall be in accordance with the demolition of the demolished person to be compensated, resettlement; housing tenants did not buy a house, the demolition shall be the amount of monetary compensation of 10% of the amount of money paid to the demolished person, 90% of the amount of money paid to the lessee, the lease relationship is terminated, the lessee is no longer entitled to housing Monetization subsidies.

Article 34 If the demolished person chooses to exchange the property right of the house, the transition period of the residential house shall not exceed 18 months, and the transition period of the non-residential house shall not exceed 24 months. The demolisher shall resettle the demolished person or the tenant of the house within the stipulated transitional period. The temporary transition period for the implementation of monetary compensation is 6 months.

Demolition of residential housing, the transitional period of swing space can be resolved by the demolished or housing tenant, or can be provided by the demolition. If the demolisher provides the swing room, the demolished person or housing tenant shall vacate the swing room within four months after getting the resettlement house.

Article 35 The demolition and relocation of residential housing shall be paid by the demolition and relocation of the demolished person or housing tenant relocation subsidies.

In the case of property rights exchange, the evicted person or the lessee of the house shall pay the relocation subsidy again when moving from the swing room provided by the evictor to the resettlement house.

Article 36 In the transition period, residential housing, the demolished person or housing tenant to solve their own swing room, the demolition shall be relocated from the month to be resettled to pay temporary relocation subsidies within four months; demolition of more than the transition period does not provide resettlement housing, shall be overdue since the month of the payment of temporary relocation subsidies in accordance with the original standard of two times.

The demolition of the provision of turnover room, no longer pay temporary resettlement subsidies. If the demolition of more than the transition period does not provide housing, in addition to continue to provide swing space, should be paid from the month of the overdue temporary resettlement subsidies in accordance with the prescribed standards.

Article 37 The demolition and relocation of non-residential housing, the demolition and relocation of the demolition shall be compensated for the following costs of the demolished person or the tenant of the house:

(a) the cost of moving and installing the equipment calculated in accordance with the national, provincial and municipal provisions of the price of transportation of goods, the price of the installation of equipment;

(b) unable to restore the use of equipment in accordance with the cost of replacement price combined with the settlement of the cost of the new;

(C) appropriate compensation for the suspension of production and business due to demolition and relocation.

Article 38 After the demolition and relocation of compensation, resettlement of the demolished person, the demolished person shall be demolished and relocated housing real estate property right certificate to the demolition and relocation of the demolition and relocation, the demolition and relocation of real estate management bureau of the city to be canceled within 2 months.

Residential houses purchased with monetary compensation and residential houses exchanged for property rights, the part of which is equal to the floor area of the demolished house, shall be exempted from payment of relevant taxes and fees when applying for the certificate of property rights of the real estate.

Chapter IV Penalties

Article 39 violation of the provisions of these measures, without obtaining a permit for house demolition and relocation, unauthorized demolition and relocation, by the Municipal Real Estate Administration ordered to stop the demolition and relocation, and give a warning. And impose has been demolished and relocated the building area of the house more than 20 yuan per square meter of the following 50 yuan fine.

Article 40 The demolition violates the provisions of these measures, by deception to obtain housing demolition and relocation permits, by the Municipal Real Estate Administration Bureau of the revocation of housing demolition and relocation permits, and impose demolition and relocation compensation and resettlement of funds of more than 1% to less than 3% of the fine. (B) entrusted not have the qualifications of the demolition of units to carry out demolition;

(C) unauthorized extension of the period of demolition and relocation.

Article 42 The demolition unit entrusted with the transfer of demolition and relocation business in violation of the provisions of these Measures, the Municipal Real Estate Administration shall order rectification, confiscate the illegal income, and impose a contractual agreement on the demolition and relocation of service fees of more than 25% and less than 50% of the fine.

Article 43 If a real estate appraisal organization fails to appraise the demolished house in accordance with the provisions of these Measures, the appraisal results shall be invalid, and the Municipal Real Estate Administration Bureau shall order a re-assessment and impose a fine of 10,000 yuan or more than 30,000 yuan or less; and in case of seriousness of the case, the department issuing the certificate shall be requested to lower the level of qualification or cancel its qualification.

Real estate appraisal institutions have the behaviors listed in the preceding paragraph, the demolition and relocation of property damage caused by the parties, shall bear the responsibility for compensation according to law.

Article 44 The Municipal Real Estate Administration and its staff have one of the following behaviors, the directly responsible for the supervisor and other directly responsible personnel to be given a warning or a demerit; the circumstances are serious, to be given a demerit until dismissal; constitutes a crime, shall be held criminally responsible:

(a) violation of the provisions of the issuance of permits for demolition of houses and other approval documents;

(B) after the issuance of housing demolition and relocation permits and other approval documents do not fulfill the demolition and relocation management duties or do not investigate and deal with violations of law;

(C) not in accordance with the provisions of this Measures to publish housing demolition and relocation notice;

(D) as a demolition and relocation or entrusted to carry out the demolition and relocation;

(E) unlawful demolition and relocation decision;

(F) unlawful implementation of forced demolition and relocation;

(F) the implementation of compulsory demolition of buildings in violation of the provisions of this Measures.

The behavior listed in the preceding paragraph, the demolition and relocation of property damage caused by the parties shall bear the responsibility for compensation.

Chapter V Supplementary Provisions

Article 45 These measures involve the demolition of housing monetary compensation benchmark prices, compensation standards and fees, by the Municipal Real Estate Administration in conjunction with the municipal price, the land department **** with the development, and announced in due course.

Article 46 In the urban planning area on foreign-owned land to implement housing demolition and relocation, and the need for compensation and resettlement of the demolished, with reference to the implementation of these measures.

Article 47 These Measures shall come into force on August 1, 2004. July 13, 1992, the municipal government announced the "Tongling City, urban housing demolition and relocation of management measures", November 16, 2000, the municipal government announced the "Tongling City, residential housing demolition and relocation of monetized settlement of the trial approach" shall be repealed at the same time.