In order to improve the quality of formulating normative documents, according to the requirements of the Procedures for Formulating Normative Documents of Administrative Organs in Chuzhou, the full texts of the Detailed Rules for the Expropriation and Compensation of Houses on State-owned Land in Chuzhou (Draft for Comment) and the Detailed Rules for the Expropriation and Compensation of Houses on Collective Land in Chuzhou (Draft for Comment) drafted by the Municipal Bureau of Land and Housing are published to the public for comments from all walks of life, so as to be submitted to the municipal government for further study and revision. Relevant units and people from all walks of life can put forward suggestions for amendments in the following two ways before September 17:

(1) Send the opinions to the Legal Affairs Office of Chuzhou Municipal People's Government by letter, and please mark the words "soliciting opinions" on the envelope.

(II) Send the comments to: czfzb@126.com

Legal Affairs Office of Chuzhou Municipal Government

September 11

Detailed Rules for the Implementation of House Expropriation and Compensation on State-owned Land in Chuzhou City (Draft for Comment)

Chapter I General Provisions

Article 1 In order to regulate the house expropriation and compensation on state-owned land in this Municipality. To protect the legitimate rights and interests of the expropriated person, according to the State Council's Regulations on Expropriation and Compensation of Houses on State-owned Land (the State Council Decree No.591), combined with the actual situation of this Municipality, these Detailed Rules are formulated.

article 2 the people's governments of the two districts (langya and nanqiao) are fully responsible for organizing and implementing the house expropriation and compensation within their respective administrative areas. Each district is responsible for formulating land compensation plans, setting up work teams, conducting investigation and certification, making expropriation decisions, organizing the implementation of relocation, identifying and investigating illegal construction, and vacating houses for demolition.

Article 3 The municipal construction planning, land and real estate, finance, supervision, auditing and other departments shall cooperate with the people's governments of the two districts to implement the house expropriation work and undertake the following duties:

1. The Municipal Planning and Construction Committee shall be responsible for delineating the house expropriation boundary of the land used for construction projects and cooperate with the urban management and law enforcement bureaus of the two districts to identify illegal construction;

2. The Municipal Bureau of Land and Real Estate is responsible for formulating policies on house expropriation and compensation on state-owned land, conducting spot checks on the final certification results and reviewing the house evaluation results, and guiding and supervising the house expropriation in counties (cities);

3. The Municipal Finance Bureau is responsible for ensuring the compensation funds and related funds for house expropriation;

4. The Municipal Supervision Bureau and the Audit Bureau are responsible for supervising and auditing the compensation and resettlement for house expropriation.

article 4 the house to be expropriated shall be certified. The housing levy working group (team) is responsible for the preliminary certification, the district housing levy certification office is responsible for the final certification in this area, and the municipal housing levy office is responsible for the final spot check.

Chapter II Compensation and Resettlement

Article 5 The ownership, structure, use and area of the expropriated house shall be based on the records of the real estate certificate or the land use right certificate and the house ownership certificate.

issues left over from history shall be handled with the certification of relevant departments such as construction planning, land and real estate, administrative law enforcement and judicial supervision.

article 6 the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the day when the house expropriation decision is announced. The price (value) of the house to be expropriated and the value of the resettlement house for property rights exchange shall be assessed and determined by the real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method.

article 7 the real estate price appraisal institution shall be determined by the district house expropriation office, which shall organize the expropriated person to negotiate within the specified time and vote according to the principle that the minority is subordinate to the majority; If the negotiation fails, it shall be determined by the district house expropriation office by drawing lots and other random methods.

article 8 where individual residential houses are expropriated, the expropriated person may choose monetary compensation or exchange of house property rights (existing resettlement stock houses).

(1) monetary compensation standard

if the expropriated house has valid ownership certificate or valid building approval procedures, monetary compensation will be given according to the market evaluation price. For temporary buildings that do not exceed the approved period, the above compensation should be given; Temporary buildings exceeding the approved period shall not be compensated.

the expropriated house has no valid ownership certificate or valid building approval procedures, but there are aerial photographs in 2115 (if there are no aerial photographs in 2115, it is based on the relevant housing census data of the local government or the cadastral map in 2111, etc.), and the expropriated person signs an expropriation compensation agreement with the district housing expropriation office (or its entrusted implementation unit, the same below) within the signing time specified in the land plot plan, and delivers the house for demolition according to the agreed time. The following part of the second floor (including the second floor) of the house will be given monetary subsidies according to the market evaluation price of 111%, and the above part of the second floor will be given subsidies according to the market evaluation price of 85%.

(II) Settlement method of property rights exchange and property fees for resettlement houses

1. In principle, property rights exchange is subject to "one for one", and the expropriated houses and resettlement houses are settled according to the housing market evaluation value at the same time, looking for the difference between them.

if the expropriated person really needs to improve his living conditions, he can appropriately purchase part of the resettlement area, and when choosing resettlement houses, the area of each apartment can depend on one apartment.

the expropriated house shall be priced according to the monetary compensation standard in the first paragraph of this article.

2. Property fees for resettlement houses. For resettlement houses with property rights exchanged, the high-rise property fees shall be charged according to the multi-level. Multi-storey property management fees are charged according to the three-level standard of Chuzhou City. The expropriated person will no longer enjoy this preferential treatment after renting, transferring or inheriting the resettlement house.

article 9 if the individual's legal property right certificate is levied to carry the business premises, the expropriated person can choose monetary compensation or property right exchange (existing resettlement housing).

if monetary compensation is selected, compensation will be given according to the market evaluation value of the expropriated house similar to real estate.

if property rights are exchanged, the principle of "one for one" will be implemented, and the expropriated houses and resettlement houses will be settled according to the market evaluation value, so as to find the difference between them. According to the area of the house to be expropriated, the expropriated person can choose to resettle the business premises with a similar area of the community (the total area of the property right exchange and the area allowed to increase the purchase does not exceed a complete studio of the selected resettlement house).

article 11 grants subsidies to residential houses with one floor and one entrance that are actually used for operation along the street (roads and lanes) (according to the certified area).

the houses that are actually used for business along the street (roads and lanes) (without the property right certificate of legitimate business houses) shall be certified and compensated according to the residential houses.

give an appropriate one-time subsidy to the part along the street (road, lane) that is actually used to operate residential houses (it has a business license for more than three years and has been operating continuously according to the prescribed business scope). Specific standards are formulated by local block schemes.

this kind of production and office buildings shall be implemented with reference to the above standards.

Article 11 Handling measures for renting public houses

(1) Handling of renting public houses of the municipal real estate management office

If the public houses of the municipal real estate management office are rented, and the house is the lessee's only house, and the rented house is less than 51 square meters, if the lessee chooses monetary compensation (if there is a self-built house, monetary compensation must also be chosen for the self-built house), the compensation will be distributed and collected between the property owner and the lessee according to the ratio of 2:8; If the lessee chooses property rights exchange, the property rights exchange will be implemented after purchasing all the property rights at 31% of the market evaluation price of the house. Leased housing area of more than 51 square meters, according to 51 square meters to enjoy the above policy. The excess part shall be settled by monetary compensation to the city real estate management office;

(II) Handling of renting the house of the unit

If the property right of the expropriated house belongs to the government organs, enterprises and institutions, monetary compensation shall be implemented in principle. The housing property unit is responsible for handling the relocation of the lessee, and moving the house for demolition within the prescribed time limit.

if the employee of the unit rents the house of the unit for actual residence and conforms to the housing reform policy, the property right unit can reform the house or transfer it at a fixed price after the lessee actively cooperates with the relocation and relocation. After completing the relevant procedures, monetary compensation or property rights exchange will be given.

Article 12 Housing guarantee for the expropriated person who enjoys the minimum living allowance policy

For the expropriated person who enjoys the minimum living allowance policy, the area of the expropriated house is less than 61 square meters, and it is the only house. If it has not been sold, transferred or given to his own house within three years before the date of the expropriation announcement, there will be no objection after the announcement, and the expropriated person chooses to settle in the specified resettlement place with a unit similar to the expropriated house area (the resettlement house can be selected by one unit at the maximum). After signing the agreement on expropriation, compensation and resettlement, it is really difficult for the household to pay the difference between the old and new houses. Upon my application, I can go through the formalities of * * * property rights and be resettled. If the expropriated person wants to purchase the area of state-owned property rights, it will be settled at the price in the signed agreement within 5 years; After 5 years, it will be settled at the current market price.

article 13 if the expropriated person who meets the requirements for applying for public rental housing chooses monetary compensation, the people's governments of the two districts shall handle the household's use of public rental housing according to relevant policies and regulations.

Article 14 All expropriated persons will make the transition by themselves. The collector pays the temporary resettlement fee. Choose faster placement, the collector pays a temporary placement fee every quarter, until one month after the notice of placement; Choose Xianfang resettlement, the collector only pays one month's temporary resettlement fee; If monetary compensation is selected, the collector shall pay a four-month temporary resettlement fee (compensation for the loss of non-residential housing production and business suspension).

article 15 the standards of temporary resettlement fees, compensation fees for loss of non-residential production and business suspension, relocation fees and compensation for decoration accessories of the expropriated person shall be implemented according to the document standards of Chu Zheng Mi [2114] No.159 "Reply of Chuzhou Municipal People's Government on the Guiding Standards of Comprehensive Construction Cost of Housing Expropriation and Resettlement on State-owned Land in Chuzhou City" (Annex I).

according to the actual market situation, the above standards are dynamically adjusted by stages.

Article 16 If the expropriated person signs an expropriation compensation agreement with the expropriated person within the signing period stipulated in the expropriation announcement, and moves the house to be demolished according to the agreed time, it will be rewarded according to the following preferential policies. If the expropriated person fails to sign the agreement within the signing period stipulated in the expropriation announcement, or fails to move the house for demolition according to the agreed time after signing the agreement, he will not enjoy the following benefits:

(1) Monetary compensation for individual houses

If monetary compensation is selected for individual houses and business houses, the difference (both differences) between the average price of the expropriated house and the average market price of commercial houses in the same lot will be calculated, and the expropriated person will give it in the form of currency or non-currency (issuing house tickets).

(II) Preference for property right exchange of individual residence

1. If an agreement is signed within the signing period stipulated in the expropriation scheme and the house is moved on time, the expropriated person will give a certain price preference to the same area of the expropriated house and resettlement house;

2. If you choose to relocate nearby or in different places, you can rely on one apartment for resettlement. If you exceed the area of property rights exchange, each household can purchase an additional 1.5 square meters at the cost price of comprehensive construction (if you don't buy more, you won't enjoy the reward);

3. For households whose houses are less than 61 square meters, each household is allowed to purchase a certain area at a preferential price (11 square meters for those who choose multi-storey houses and 21 square meters for those who choose high-rise buildings), that is, each household can purchase at 85% of the market evaluation price of resettlement houses (there is no reward for not purchasing more);

4. If the whole family chooses to relocate (specified in the plot plan), they will be given a free area of 6 square meters or 11 square meters.

if the expropriated person chooses to be resettled nearby and the remaining area chooses to be resettled in another place, he will not enjoy the above reward.

(3) The residential houses with one floor and one entrance that are actually used for operation along the street (roads and lanes) will be rewarded according to the certified area. Such production and office buildings shall be implemented with reference to standards.

under the condition of housing availability, the individual residential houses actually used for business along the main street can be purchased at the designated resettlement site at the price of 75% of the market evaluation price of the business houses, which is equal to the certified resettlement community business houses with one floor and one entrance area. Each household can choose the business premises of the resettlement community with an area similar to that of the certified first floor and first entrance. The purchased area shall not exceed a complete bay of the selected business premises, and the purchased area shall be purchased at the market evaluation price.

(4) after the expropriated person who chooses the property right exchange moves the vacated house within the specified time and passes the acceptance registration, the resettlement house number is preferred.

(5) In order to encourage the expropriated person to move as soon as possible, the expropriated person should be given an incentive to sign the contract in advance (housing and business premises only).

article 17 houses (including simple houses) that are not reflected in the aerial photograph of 2115 (if there is no aerial photograph of 2115, it is based on the relevant housing census data of the local government or the cadastral map of 2111, etc.), and there is no valid ownership certificate or effective building approval procedures, all of them will be regarded as illegal buildings without compensation and resettlement. If the expropriated person takes the initiative to dismantle it within the specified time, it will be given a demolition assistance fee of 151 yuan/㎡; Exceeding the prescribed time, it shall be forcibly removed by the Urban Management Law Enforcement Bureau according to law.

no subsidies will be given to buildings that are rushed to build or install during household surveys.

article 18. those who have not obtained the legal building approval procedures (including the aerial photos in 2115, the relevant housing census data of the local government and the cadastral maps in 2111) and fail to sign an agreement and move beyond the time limit stipulated in the land acquisition plan shall be forcibly removed by the urban management and law enforcement bureau according to law.

article 19 after the expropriated person signs a contract with the expropriated person, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.

Article 21 If the expropriated person fails to reach a compensation agreement with the expropriated person within the signing period stipulated in the scheme, or the owner of the expropriated house is unclear, the district house expropriation office shall report to the district people's government to make a compensation decision according to law.

if the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

if the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and does not move within the time limit stipulated in the compensation decision, the district people's government shall apply to the people's court for compulsory execution according to law.

article 21 after the houses within the scope of expropriation are expropriated according to law, the right to use state-owned land shall be recovered at the same time.

chapter iii rewards and punishments

article 22 the people's governments of the two districts shall conscientiously implement these detailed rules, perform their prescribed duties, and harmoniously complete the house expropriation work within their respective jurisdictions according to law. If it is not implemented in accordance with relevant laws and regulations, it shall bear corresponding legal responsibilities.

article 23 belongs to the housing expropriation project of the municipal people's government, and the compensation funds shall be paid by the municipal people's government. Municipal People's government to give "district-oriented" work funds and lump sum funds.

the funds for "area-oriented" work are calculated according to the total area of the house that has passed the final certification (through spot check) ×41 yuan/square meter, and the lump sum funds are calculated according to the standard of the house area that has not been shown in the certified aerial photos ×151 yuan/square meter.

if the two district governments complete the task of house expropriation on time, they will pay it in full; If the task is not completed on time without justifiable reasons, the above funds shall be deducted.

the above-mentioned funds shall be borne by the economic development zone and the industrial park in Chuzhou.

article 24 the municipal house expropriation office shall make a final spot check on the two districts and give a conclusion. Collect appropriate working funds from the district housing levy office according to the spot check area.

chapter iv supplementary responsibilities

article 25 these detailed rules shall come into force as of the date of promulgation. "Chuzhou City Housing Demolition Management Measures" (Chu Zheng [2116]