Measures of Songyuan Municipality on the Administration of Urban House Demolition People's Government

general rule

Strengthen the management and maintenance of urban house demolition BR/> In order to ensure the smooth progress of urban construction, the legitimate rights and interests of all parties involved in the demolition are based on

The State Council's "Regulations on the Administration of Urban Housing Demolition" and "Regulations on the Administration of Urban Housing Demolition", the whole city

These measures are actually formulated. The second room

The implementation of these Measures shall apply to the house demolition, demolition compensation and resettlement in the urban planning area of each city within the administrative area.

Third house demolition must conform to the city planning.

Is conducive to the transformation of the old city and improve the ecological environment, the protection of cultural relics.

Article 3 The demolisher shall, in accordance with the provisions of these Regulations and the measures for compensation and resettlement for demolition,

The demolition agreement shall be completed within the demolition period.

The demolition permit unit as mentioned in these Measures.

The long-term resettlement in demolition is the demolition management of the owner's house. Songyuan City Construction Bureau is responsible for the demolition of urban prison houses in the city.

Supervise the management and implementation of urban planning in this area (except Guo Qian Town).

Supervise the daily management of Songyuan Housing Demolition Management Office. Demolition? Be responsible for ...

Its main functions are: house demolition.

(a) responsible for the implementation of the national laws and regulations on compensation and resettlement for demolition, and the demolition of housing units and units.

(b) Qualification, training and evaluation of demolition work

Personnel guidance, supervision, and the issuance of demolition post certificates;

(three) zhenhai district real estate appraisal agencies in the announcement;

(four) to accept the application for demolition, and to release the relevant documents, demolition plans and

Review the demolition plan, and issue the house demolition permit and demolition permit; BR/>； (five) supervision and management of compensation and resettlement funds;

(f), housing demolition notice issued a closed notice;

(g) In accordance with the law, demolition disputes BR />(h) Investigate and punish illegal and illegal demolition;

(nine) accepting letters and visits from house demolition.

(j) A file system for the demolition of steel bars was established to manage the demolition files.

County People's government demolition management department is responsible for the demolition work within their respective administrative areas.

Supervise and manage the demolition of urban houses.

The relevant departments shall, in accordance with their respective responsibilities, do a good job in the management of urban housing demolition. Sixth, the implementation of housing demolition management system.

Demolition permit, house demolition permit and demolition

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(two) the seventh application for housing demolition permit, provide the following information:

(a) to submit a written application to the local city or county.

Demolition management department to submit the project approval documents;

(3) Construction land planning permit;

Approval document for the right to use state-owned land;

(five) the demolition plan and demolition plan;

(6) Financial institutions that take deposits as permitted by the funds for compensation and resettlement for demolition.

Ming; Housing demolition management department

(7) Other documents to be submitted.

Article 8 The demolition plan shall include:

The demolition plan shall include:

(a) the demolition of housing conditions (the nature of housing use,

Area, floor, orientation, location, service life, property, structure, etc. );

(2) Estimation of various compensation and subsidy costs;

(c) The location of the standard equity exchange, temporary

(d) concrete measures.

Ninth demolition compensation and resettlement funds shall not be less than the amount of the deposit.

The total construction area of demolition multiplied by more than one year is almost the same.

The real estate market evaluation guide price of similar houses, and the property right exchange of house demolition can be included in the discount.

BR/>； Housing demolition management departments should strengthen management, formulate specific measures, and supervise the compensation and resettlement funds of urban housing demolition management departments.

Tenth housing demolition management department shall implement the demolition from the date of receiving the application for demolition.

Review the application matters, and issue a house demolition permit to those who pass the examination. If they do not meet the requirements, they shall notify the applicant in writing and explain the reasons.

1 1 house demolition management department br/>; Issuance of house demolition permit. , demolition period, demolition permit, demolition, demolition scope, demolition

The inclusiveness of the house demolition announcement and the share transfer shall be announced in written form in time. Planning, real estate, land, and industrial and commercial departments shall report on matters within the scope of demolition.

(1) Newly built, expanded and renovated houses;

(b) Change the transfer, mortgage, lease and use of real estate;

(3) issuance of the business license of the newly registered enterprise as a legal person.

Twelfth housing demolition permits, should be made public in a timely manner.

& gt The advertising content flaunts the demolition scope determined by the demolition permit and the demolition of mobile houses.

If it is really necessary to extend the demolition period, the demolition period expires.

A few days before 15 was issued, I received an extension from the house demolition management department and

The date for the house demolition management department to apply for extension of the demolition application is 10 day to respond.

Housing demolition permit, demolition within 3 months.

Invalid.

13 Demolition of qualified demolished houses is entrusted for demolition.

Units that meet the requirements for house demolition can also be demolished ... "/>; The house demolition management department does not accept the entrusted demolition because of the demolition.

14 house demolition workers should be familiar with the law.

Laws, regulations and demolition policies, and have the corresponding professional knowledge of demolition work.

Fifteenth units entrusted with the demolition, should be entrusted.

Power of attorney, sign the demolition entrustment contract. The demolisher shall complete the demolition within 15 days from the date of signing the entrusted demolition contract.

Establish and entrust the contract to the housing demolition management department for the record.

The entrusted demolition unit shall not transfer the demolition.

16 relevant clauses of house demolition

Send a notice to publicize and explain the policies and regulations related to house demolition, and all relevant documents BR/& gt；; Other information about the house ownership certificate and lease relationship, so as to verify the entrusted real estate appraisal and house price appraisal.

Evaluate nuclear work.

17, the house demolition announcement management department shall

To be demolished, it shall be assessed by a qualified real estate appraisal agency at or above the second level.

Other structures can also be selected for demolition.

The house of the real estate appraisal agency was demolished to assess the qualification. should

& ltbr/ The demolisher shall make a choice within five days from the announcement of house demolition. The dismantler and the dismantler choose an evaluation agency and sign an entrustment agreement.

Evaluation of payment of relocation expenses. Appraisal ...../> For the demolition results or controversial, you can re-evaluate and entrust a qualified evaluation agency to evaluate.

Pay the handling fee. The two evaluation results should be implemented within the error range specified by the province.

The initial evaluation results. The evaluation results exceed the error range stipulated by the province, and the demolition party

Negotiation applies to the parties that cannot be resolved through negotiation.

The appraisal result of the appraisal expert of the house demolition management institution/>; The demolisher chooses the appraisal institution and the demolisher.

Sign the entrustment agreement and select the appraisal institution, and the appraisal fees shall be paid by the two appraisal committees.

The edge of the panel is within the error range specified by the province, and the execution result of the two evaluation results is beyond the error range specified by the province. The parties involved in the demolition can solve the problem through consultation, but the demolition cannot be solved through consultation.

Entrust an evaluation agency.

Rules for applying for the results of expert review organized by the house demolition management department BR/>.

Evaluation of compensation for demolition of residential houses

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In the demolition period announced by the demolition management department, the demolition person

In case of demolition, the payer/payment period, resettlement area, resettlement place, relocation period and transition period shall be compensated in accordance with the prescribed methods and forms. > other matters that need to be clarified, in violation of the signed agreement, shall be compensated and resettled by both parties.

Legal responsibility.

Demolition of rental housing, the demolition should be taken and the lessee signed an agreement.

Demolition compensation and resettlement agreement.

19 if the house sponsored by the house demolition management department needs to be demolished, it shall be demolished.

The compensation and resettlement agreement must be notarized by a notary office, and the evidence shall be preserved. BR/>； Article 20 Compensation and Resettlement Agreement, Arbitration Order for Refusal of Relocation and Demolition

After the expiration of the relocation period, the lessor's demolition or construction shall be submitted to the Arbitration Commission.

In the course of litigation, the people's court may apply to the court to carry out the demolition first.

Article 2 1 Demolition, demolition or demolition of houses

If the lessee fails to reach a compensation agreement, the parties concerned shall apply to the house demolition management department.

Ruling on the demolition of the house demolition management department shall be decided by the government and the people's government at the same level.

Make a ruling within 30 days from the date of accepting the application.

& gt institute legal proceedings in the people's court within three months from the date of ruling.

Service Award "Open Letter". Money is already in the prescribed way.

Compensation or resettlement housing, increase room for manoeuvre in the process of litigation.

Do not stop the implementation of demolition.

The demolition or demolition decided not to move the house according to the relocation period stipulated in Article 22, and the county people's government instructed the relevant departments to deal with it.

Compulsory demolition or urban housing demolition management department shall apply to the people's court for compulsory demolition.

relocate

Forced demolition, the demolition should be related to the demolition of housing, to

Certification bodies apply for evidence preservation.

23. Military installations, churches, temples and historical sites

Such as house demolition, should be handled in accordance with the provisions of relevant laws and regulations. & lt/ Article 24 The sales of demolition compensation and resettlement have not been completed for the construction project.

Original compensation and resettlement agreement

The rights and obligations agreed by the house demolition management department will be transferred to the transferee. The transferor and transferee of the project shall be in writing.

If the relocation person notifies the demolition, it shall make an announcement within 30 days from the date of signing the transfer contract.

25 issued by the housing demolition management department, the demolition or lessee shall not implement the relocation and stop the water supply, power supply and gas heating during his term of office.

And normal production and life behavior.

The demolition of houses within the scope of water and electricity, stop heating demolition.

Relocation should be resumed in time or within the commitment period.

Customs fees. Demolition "

Relocation or tenant relocation, leaving children in the care of children BR/>. The relevant departments shall go through the formalities of alteration and cancellation of registration for science and technology, industrial and commercial enterprises or individual industrial and commercial households.

Bear and timely handle and dismantle related expenses.

26. The lessee who has been demolished shall remain in its original state.

Shall not damage the facilities and criminals in the house to assess the value.

Financial responsibilities that should be borne.

27 demolition management department demolition.

Demolition of houses, demolition files should be sorted out and kept.

Complete the demolition within 30 days from the date of division, and hand over the information to the demolished houses.

Housing demolition management department, strengthen file management. After house demolition, the registration of land use right certificate and house ownership certificate shall be cancelled.

Twenty-eighth after the demolition of public housing, the implementation of property lease.

Relevant procedures for unified return and cancellation of registration of certificates. Demolition, should be declared to the housing demolition management department.

Line, accept the buildings (structures) have all been demolished, and the buildings and related facilities within the scope of demolition.

Distribute the acceptance form; Attached certificate

To handle the qualified units and construction permits allowed by the construction specification procedures.

Twenty-ninth housing units to implement the statistical reporting system, the demolition should complete the routine.

Write it on the housing list of the house demolition management department.

Chapter 30 Supplementary Compensation and Resettlement for Demolition.

Abide by the demolition rules.

The relevant provisions of the planning and supervision department on the removal of illegal buildings and facilities without compensation shall be dealt with according to law.

Rules. about

Demolition of approved temporary buildings (excluding residential barns) and related engineering facilities.

(such as pipes, structures, etc.). Temporary works), and the construction time is more than one year.

Housing, 50% housing price, construction cost and engineering facilities compensation; Create more than 1

In less than two years, this house is 25% of the replacement cost and engineering facilities.

Compensation, if there are more than 2 years (including 2 years) of construction extension application, review, approval procedures and approval.

The Convention on the Costs of Temporary Buildings, Engineering Facilities, Houses and Engineering Facilities "has not been compensated."

House demolition, air and underground deep foundation pit supporting layer, layer

2.2 meters of remote areas, more than half of the raised floor, construction area.

Compensation price of replacement houses.

3 1, construction area and use of demolished houses

Housing management department is responsible for issuing building warrants or real estate registration and registration cards.

Area and purpose shall prevail.

Before the demolition of housing ownership transfer or change of registration, or

Record the area of all warrants? Housing and non-actual area shall be applied by all parties within five working days after being issued by the housing ownership management department.

Doors.

Thirty-second housing demolition monetary compensation, can also realize the exchange of property rights.

Communication. Delete BR/& gt；; The implementation of housing demolition, different construction projects, different supplements.

Compensation and resettlement standards.

Unless otherwise stipulated in these measures, the demolition compensation method shall be chosen by the demolition. part

Similar to the construction of commercial housing, many similar commercial housing have the preemptive right, and you can choose the demolition method of monetary compensation.

Article 33 BR/> In combination with the monetary compensation amount of the house, it shall be paid.

Real estate appraisal: the urban real estate market evaluates the house demolition permit, and the guiding price, location, use, construction area, floor, decoration and supporting facilities announced by the county people's government.

Facilities and other factors to determine.

Thirty-fourth the implementation of property rights exchange, demolition

According to article 33, the compensated houses are demolished,

Exchange housing prices, settle the differences in the principle of property rights exchange, and the property rights exchange of total construction area is subject to.

Generally, it should not be less than the total construction area? The house was demolished.

Property rights exchange housing ownership certificate, land use right certificate, demolition responsibility book,

And bear the relevant expenses (except the deed)

The demolition of non welfare housing property rights exchange, by the demolition

Money compensation.

35 dismantling income is less than dismantling BR/> Appropriate arrangements must be made to meet the minimum living standards of cities and counties. Resettlement housing construction area should be

The original housing construction area is lower than

36 public welfare housing, should be removed according to law.

Laws, regulations and urban planning require reconstruction, or monetary compensation is implemented.

Article 37 If the house is demolished and rented, the demolished lessee shall terminate the BR lease/lease relationship, or the demolished lessee shall resettle and demolish the house by himself.

Compensation for demolition.

If the demolition and lessee fail to reach an agreement to terminate the lease relationship, the demolition.

about

Where the property rights of the lessee and the original lessee are changed, the demolisher shall sign a house lease contract with the lessee. BR/>； Article 38 If the property right of the house to be demolished is unknown,

The compensation and resettlement plan for demolition has been put forward, and it has been reviewed and approved by the house demolition management department that implemented the demolition. about

Before the demolition, the notary office shall handle and keep the evidence related to the demolition.

Delete article 39 of the mortgaged house

The residence belongs to 40

Ensure that the demolished houses or units and public houses (including non-suites) directly managed by the state are enforced in accordance with relevant state laws.

After the tenant, the tenant's housing system reform policy

Buyers who like it. The housing system reform policy stipulates that homeowners who have completed the issuance of housing mortgage loans should be removed.

The location of the lessee.

4 1 Provisions on resettlement compensation must comply with national laws and regulations.

Comply with laws and relevant technical and quality standards. The internal structure and layout of the trend,

Unreasonable losses caused by the design of resettlement facilities

Damage to the interests of the demolition, supervision by the housing demolition management department. House demolition should

Demolition and resettlement of houses is in line with the overall urban planning and is conducive to

In the transformation of the old city, the principles of project implementation and construction can be determined in similar venues.

And can also be place in different types of area.

Article 42 the suspension of production and business and the implementation of property rights.

Exchange the business licenses of the labor department or enterprise legal person of the employees who have not been demolished and those who have a record of major residential house demolition.

When the people of the whole city, the county party Committee and county government work at the bottom.

Moving wages to pay for demolition and shutdown subsidies;

Insurance, to participate in social insurance units in the process of production, closure and demolition costs, should be

Social insurance department regulations representing the insurance industry. "

If the subsidy for suspension of production and business operation pays monetary compensation for demolition for 3 months, it shall be paid according to insurance money? The standards prescribed in the preceding paragraph shall be paid by the social insurance department to the people who have been taken.

Demolition and transitional resettlement of non-residential houses.

In the process of relocation, the transportation and equipment installation fees shall be settled by both parties through consultation, and the demolition management department shall

The verdict was unsuccessful. The annual depreciation rate exceeds the original value of decoration and property rights.

Part of the non-residential housing demolition assessment, agreed.

Depreciation by 20% (deduction

Value) price evaluation, the benefits of the demolition subsidy of the contract. BR/>； Article 44 stipulates that the demolition of residential houses itself is transformed into local operation, and it is removed by manpower.

Pay the relocation fee and temporary resettlement fee as soon as you enter the door. One person and one house in closed.br/> will be compensated and resettled.

Illegal construction and temporary construction, overdue and suspension of production, business or

Living allowance. 45

Telephone demolition, water supply, power supply, gas supply,

Line relocation costs, in accordance with the demolition compensation and resettlement costs.

Forty-sixth payable demolition money or lessee's mobile money.

Relocation allowance.

During the transition period, the demolisher or lessee shall arrange accommodation demolition by himself.

Relocation shall pay temporary resettlement subsidies and necessary winter heating subsidies.

Help the demolition cost swing and agree to the demolition, and the demolition will not pay.

Temporary resettlement subsidy.

Forty-seventh property rights exchanges, property rights

On this basis, it is determined that attention should be paid during the transition period. Exchange floor: 6th floor (6th floor)1August, 7th floor (7th floor).

Over 24 years old. It is not allowed to be used until it is dismantled.

The transition period of the swing is extended, and the swing should be arranged to move out.

Increase 1 year, extend the transition period due to the responsibility of demolition, and arrange the demolition of the house by itself.

Or residents, residents in addition to bear the liability for breach of contract, should pay.

Month? (1) Pay temporary resettlement subsidy. develop

1 temporary resettlement subsidy; Temporary resettlement was extended by more than 1 year, a year-on-year increase of 2 times.

Subsidies.

48. Housing replacement price and real estate market evaluation guidance price

Price lines of relocation subsidies, temporary resettlement subsidies and winter heating subsidies.

The person in charge of the administrative department of house demolition calculates and organizes the hearing.

Report to the municipal and county (city) governments for publication every year. responsible

49. In violation of these regulations, any of the following acts shall be ordered to stop the demolition, give a warning and demolish houses.

The demolition management department can force the demolition compensation and resettlement BR/& gt；; 1% and 3% capital fines. If the circumstances are serious, it shall apply for a house demolition permit:

(a) the implementation of housing demolition within the scope of demolition as determined by the housing demolition permit

& gt move;

(two) there is no entrusted demolition unit, and the demolition is carried out by a qualified demolition person;

(three) to extend the demolition period without authorization;

Violation of the provisions of the fiftieth management department, one of the following acts will be punished; House demolition

& lt/ (1) Having obtained a permit for house demolition, demolishing houses without authorization,

The movement ordered to stop the demolition, given a warning, and imposed a fine of more than 20 yuan and less than 50 yuan per square meter of the construction area of the demolished house.

(two) to obtain the permit for house demolition by deception, and to revoke the commitment for house demolition.

If the verified unit entrusts the demolition, it shall be fined more than 1-3%, and the resettlement funds shall be compensated in the demolition;

(three) unauthorized transfer of demolition business, shall be ordered to make corrections within a time limit,

Confiscate the illegal income and impose a service fee of more than 25% and less than 50% of the demolition contract amount.

All right.

There is no real real estate appraisal standard to give warning and punishment procedures.

Punishment, lower the level of qualification; If the circumstances are serious, the house of the real estate appraisal agency in Article 5 1 is demolished, and you may be disqualified from the real estate appraisal agency.

If the crime of urban house demolition should be given administrative punishment according to law, it will not be punished. The local house demolition management department and the superior house demolition management department can order them to be punished. If no decision on administrative punishment is made, the superior house/demolition management department can directly make administrative punishment illegal.

53. The house demolition management department and its staff work illegally.

In one of the following acts, the employer or the competent department shall be directly responsible.

The senior management personnel or other directly responsible personnel shall be given administrative sanctions according to law, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.

(a) in violation of the provisions of the housing demolition permit and other approval documents; () Issuing approval documents such as house demolition permit.

Failing to perform the duties of supervision and management;

(c) Violation of house demolition

(d) Failure to investigate abuse of power, illegal intervention in house demolition activities and malpractices for personal gain.

Chapter V Supplementary Provisions

Implement house demolition and land in urban planning area? Abroad? & ltBR /