Shifufa [2004] No.21
2004-7-3
The people's governments of counties, special zones and districts, the Administrative Committee of Economic Development Zone, the departments and institutions directly under the Municipal People's Government:
The "measures" for the administration of urban housing demolition in Liupanshui city have been studied and passed at the 26th executive meeting of the municipal government on February 24, 2004, and are hereby issued to you, please follow them.
June 3(rd), 2004
Measures for the Administration of Urban House Demolition in Liupanshui City
Chapter I General Provisions
Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the parties involved in the demolition and ensure the smooth progress of construction projects, these measures are formulated in accordance with the Regulations on the Management of Urban House Demolition in the State Council (Order No.305 of the State Council), the Measures for the Management of Urban House Demolition in Guizhou Province (Order No.48 of the provincial government) and relevant laws and regulations, and combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to house demolition on state-owned land within the urban planning area of this Municipality.
The third party must compensate and resettle the demolished person; The person to be demolished must complete the relocation within the specified relocation period.
Demolition refers to the unit that has obtained the permit for house demolition.
The person being demolished refers to the owner of the house being demolished.
Housing demolition unit refers to the unit that has obtained the qualification certificate of housing demolition according to law, accepted the entrustment of demolition, mobilized demolition, organized the signing and implementation of the demolition compensation and resettlement agreement, and organized the demolition of houses and their attachments.
Fourth Municipal People's government housing demolition management department to supervise and manage the city's housing demolition work, and directly responsible for the management of housing demolition in the downtown area.
The housing demolition management departments of Liuzhi Special Zone and Panxian County are respectively responsible for the management of housing demolition on state-owned land within the urban planning area of their respective administrative areas.
Shuicheng County and Zhongshan District housing demolition management departments are responsible for the administrative area of urban planning area outside the state-owned land housing demolition management.
Chapter II Demolition Management
Fifth units that need to demolish houses must apply for a house demolition permit in accordance with the regulations before they can be demolished; Without obtaining the permit for house demolition, no house demolition shall be carried out.
Article 6 To apply for a house demolition permit, the following materials shall be submitted to the house demolition management department:
(a) the approval document of the construction project;
(two) construction land planning permit or construction project planning permit (temporary certificate);
(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.
The contents of the demolition plan and demolition plan include: the basic situation of the houses within the scope of demolition, the total number of people to be demolished, the implementation steps of demolition, the calculation of various compensation fees and subsidies for demolition, the resettlement plan for the demolition, and the start and end time of demolition.
The house demolition management department shall, within 30 working days from the date of receiving the application, review the application matters. Upon examination, if it meets the requirements, a house demolition permit will be issued.
Article 7 After the house demolition permit is issued, the house demolition management department shall announce the demolition person, demolition scope, demolition period and other matters specified in the house demolition permit in the form of house demolition announcement.
"Housing demolition permit" content changes, the demolition should be re declared in accordance with the provisions of article sixth of these measures.
Eighth housing demolition announcement, the demolition of housing ownership disputes, the demolition can appeal to the real estate management department within the time limit stipulated in the announcement, the real estate management department to deal with; You can also bring a lawsuit to the people's court. The documents and materials provided by residents about the ownership of houses must have legal effect.
Ninth people should be taken in the demolition permit to determine the scope and duration of the demolition, the implementation of housing demolition.
Need to extend the demolition period, the demolition should be before the expiration of the demolition period, to the house demolition management department to apply for an extension of the demolition, the house demolition management department shall give a reply within 65 working days from the date of receiving the application for extension of the demolition.
Tenth approved by the housing demolition management department, the demolition can be taken by themselves, can also entrust a qualified unit to carry out the demolition.
The demolition staff must be trained by the house demolition management department and hold relevant certificates.
Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
Eleventh demolition commissioned by the demolition, it shall issue a power of attorney to the entrusted demolition unit, and conclude a demolition entrustment contract. The demolisher shall, within 05 days from the date when the demolition entrustment contract is concluded, report the demolition entrustment contract to the house demolition management department for the record.
The entrusted demolition unit shall not transfer or entrust the demolition business.
Twelfth after the demolition scope is determined, the units and individuals within the scope of demolition shall not carry out the following activities:
(1) Building, expanding, rebuilding or decorating houses;
(two) change the function of housing use and land use;
(3) renting a house.
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 suspension notice shall specify the suspension period, and the longest suspension period shall not exceed 1 year; If the demolition needs to extend the suspension period, it must be approved by the house demolition management department, and the extension of the suspension period shall not exceed 1 year.
Thirteenth demolition and demolition shall sign a written demolition compensation and resettlement agreement, which shall specify the following items:
(a) the location and floor, structure, use and construction area of the original house;
(2) The method and amount of compensation;
(three) the location, floor, structure and construction area of the resettlement house;
(four) relocation period, relocation transition mode and transition period;
(5) Liability for breach of contract and dispute settlement methods;
(6) Other terms agreed by the parties.
Demolition of rental housing, the demolition should be taken with the people, housing tenants to enter into a demolition compensation and resettlement agreement.
Article 14 If the houses managed by the house demolition management department need to be demolished, the demolition compensation and resettlement agreement must be notarized by a notary office, and the evidence shall be kept.
Article 15 After the demolisher and the demolished person sign the property right exchange agreement or obtain monetary compensation, they shall hand over the ownership certificate and land use certificate of the demolished house to the demolition management department for registration and filing, and then send them to the house property right supervision and land management department for cancellation.
If the house demolition involves changing the land use right, it shall go through the relevant formalities with the land management department before applying for the house demolition permit, and obtain the land use right according to law.
If the house demolition involves the change of state-owned assets, it shall go through the relevant formalities in accordance with the relevant provisions before applying for the house demolition permit.
Article 16 The purpose and construction area of the house to be demolished shall be subject to the house ownership certificate. If the use and construction area indicated in the house ownership certificate are inconsistent with the actual situation, it shall apply to the real estate supervision department for confirmation within the time limit specified in the demolition notice.
If the demolished house belongs to the housing reform, the actual construction area shall prevail, but the demolished person shall pay the land income in accordance with the relevant provisions of the local housing distribution monetization reform plan.
Seventeenth after the conclusion of the demolition compensation and resettlement agreement, the demolition or lessee refuses to move within the relocation period, the demolition may apply for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law.
Eighteenth demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the housing demolition management department ruled. Housing demolition management department is the demolition, managed by the people's government at the same level. The ruling shall be made within 30 working days from the date of accepting the application.
If a party refuses to accept the award, it may bring a lawsuit to the people's court within 3 months from the date of service of the award. In accordance with the provisions of these measures, the demolition has given monetary compensation to the demolition or provided resettlement houses and revolving houses, and the implementation of demolition will not be stopped during the litigation.
Article 19 If the person to be demolished or the lessee of the house fails to relocate within the relocation period stipulated in the ruling, the people's government of the city or county (special zone, district) where the house is located shall instruct the relevant departments to forcibly relocate, or the house demolition management department shall apply to the people's court for compulsory relocation according to law.
Twentieth compulsory demolition should be handled with the notary public for evidence preservation. When forced demolition, the unit where the person subjected to execution is located and the grassroots organization where the house to be demolished is located shall send people to assist in the implementation; The process of forced demolition and relocation of property shall be recorded by the executing organ, which shall be registered item by item, and signed or sealed by the executives and coordinators of grass-roots organizations. When forced demolition, it shall notify the person subjected to execution to be present, and if the person subjected to execution refuses to be present, the forced demolition shall be carried out as usual; The property moved out shall be sent to the designated place by the executing organ, and the person subjected to execution shall be notified to collect it, and the losses caused by the person subjected to execution's refusal to accept it shall be borne by the person subjected to execution; Before handing over the property to the person subjected to execution, the executing organ shall properly keep the property, and the transportation expenses, loading and unloading expenses and storage expenses incurred shall be borne by the person subjected to execution.
Twenty-first demolition involves military facilities, churches, temples, cultural relics and houses, in accordance with the provisions of relevant laws and regulations.
Twenty-second has not yet completed the demolition compensation and resettlement of the construction project transfer, should go through the corresponding formalities in the planning and land department. With the consent of the house demolition management department, the relevant rights and obligations in the original demolition compensation and resettlement agreement can be transferred to the transferee. The transferor and transferee of the project shall, within 30 working days from the date of signing the transfer contract, notify the demolished person in writing and make an announcement.
Twenty-third housing demolition management departments shall supervise the demolition compensation and resettlement funds, and the specific measures shall be formulated separately by the Municipal People's government.
Twenty-fourth housing demolition management departments should establish and improve the demolition file management system, strengthen the management of demolition files.
Chapter III Compensation and Resettlement for Demolition
Twenty-fifth demolition of illegal buildings and temporary buildings exceeding the approved period, no compensation and resettlement; The demolition of temporary buildings that have not exceeded the approved period shall be given appropriate compensation.
Twenty-sixth demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange.
The amount of monetary compensation is determined according to the location, use, decoration, construction area and other factors of the demolished house, and is determined by the assessed price of the real estate market.
The market evaluation price of the demolished houses shall be evaluated by the institutions with real estate evaluation qualifications entrusted by both the demolisher and the demolished, in accordance with the "Standards for Real Estate Evaluation" and the "Guiding Opinions on Urban Housing Demolition Evaluation".
Due to the residents' refusal to assess, the assessment agency could not conduct on-the-spot survey of the demolished houses and obtain video materials, or the residents did not agree to sign the on-the-spot survey records. After the local police station or neighborhood committees and other grass-roots organizations make corresponding written explanations, the real estate appraisal agency will make a comprehensive evaluation of the main part of the demolished houses according to the real estate market prices of various houses regularly announced by the real estate administrative department of the Municipal People's Government. Part of the house decoration is regarded as the removal of people to give up compensation requirements.
For the house repaid by property right exchange, the part with the construction area equal to the original construction area shall be settled according to the market price of commercial housing in the same lot and the new price difference; Repayment of the part of the construction area exceeding the original construction area shall be settled according to the market price of commercial housing in the same lot; Repayment of the part with the construction area less than the original construction area shall be settled according to the market price of commercial housing in the same lot, combined with the structure and new settlement. After the above settlement, the expenses that should be replenished to the demolished people will be benefited by the house owner; The expenses that should be paid by residents shall be paid by the owner of the house.
Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition.
Demolition of the parties have objections to the valuation results, according to the relevant provisions of the "guiding opinions" of urban housing demolition valuation.
Twenty-seventh demolition within the scope of the demolition or the same location according to the planning requirements and the demolition of housing ownership certificates of the same nature, and the demolition requirements through property rights exchange to move back, the demolition should be given priority.
Twenty-eighth in the following circumstances, it is necessary to remove residential houses and non-residential houses, and monetary compensation or property rights exchange in different places shall be implemented:
(a) the people's government of the city or county (special zone, district) decides to transfer the land use right after the house demolition;
(two) roads, bridges, culverts, sewage, flood control and other municipal engineering facilities approved by the people's governments at or above the county level according to urban planning.
Schools, kindergartens, neighborhood offices, police stations, neighborhood committees, etc. that need to be retained according to the planning shall implement property rights exchange in the original service area or be built according to the area not less than the original land.
Twenty-ninth people should be taken to provide houses that meet the national quality and safety standards for the people being taken and resettled.
Thirtieth demolition of property rights exchange residential housing construction area, not less than the minimum standard of 45 square meters, property rights exchange housing prices at the market price settlement. If the demolished people are the lowest-income families in cities and towns and the building area of the demolished houses is lower than the minimum standard apartment type, the property exchange houses shall be settled at the cost price within 45 square meters, and the part exceeding 45 square meters shall be settled at the market price.
Thirty-first demolition of rental housing, the demolition and the lessee to terminate the lease relationship, or by the demolition of housing tenants for resettlement, the demolition of compensation for the demolition.
If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person. If the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee.
Thirty-second demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the housing demolition management department for examination and approval before demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Thirty-third demolition of mortgaged houses to implement property rights exchange, the mortgagee and the mortgagor signed a mortgage agreement; If monetary compensation is implemented for the demolition of mortgaged houses, the mortgagee and mortgagor shall re-set the mortgage or the mortgagor shall pay off the debts before giving compensation.
If the mortgagee and mortgagor fail to reach a mortgage agreement within the time limit stipulated in the announcement of the house demolition management department, the demolition person shall propose a compensation and resettlement plan, report it to the house demolition management department for approval, and carry out the demolition after handling the evidence preservation at the notary office.
Thirty-fourth demolition of non-residential houses caused by the suspension of production and business, for those who have legal employment procedures, they should be given a one-time subsidy of 6 months in accordance with the minimum wage this year.
The implementation of property rights exchange or relocation involves the disassembly, handling and installation of production equipment, and the expenses shall be determined by the parties concerned through consultation. If the negotiation fails, it shall be decided by the house demolition management department. Equipment that cannot be restored to use shall be combined into a new settlement according to the replacement price.
Monetary compensation shall be implemented in accordance with the provisions of Article 26 of these Measures.
Thirty-fifth demolition or relocation of the lessee, the demolition should pay relocation subsidies in accordance with the provisions of the standard. Relocation subsidy standard: the demolition of residential houses is calculated according to the 5 yuan per square meter of the construction area of the demolished houses; Demolition of non-residential houses (except industrial production houses) is calculated according to the construction area of the demolished houses per square meter 10 yuan.
The demolition of houses to provide property rights exchange, to be taken a relocation allowance; Relocation after the turnover transition will be given two relocation subsidies. If the leased house does not terminate the lease relationship, the relocation subsidy shall be paid to the lessee.
The original gas, telephone, cable TV, electricity meter, water meter and other important facilities of the demolition costs, paid by the demolition in accordance with the relevant provisions.
Thirty-sixth for the demolition of housing users who arrange their own accommodation, the demolition should be issued a temporary resettlement subsidy in accordance with the regulations. The temporary resettlement subsidy is calculated according to the construction area of the demolished houses: the demolition of residential houses is calculated according to the 5 yuan per square meter per month of the construction area of the demolished houses; Demolition of non-residential houses, according to the demolition of housing construction area per square meter per month 10 yuan. Among them, the demolition of commercial facade is calculated according to the construction area of the demolished house per square meter per month in 20 yuan.
Within the prescribed transition period, the temporary resettlement subsidy will not be paid if the residents provide transitional revolving houses.
Thirty-seventh demolition shall not extend the transition period without authorization, and the users of the swing space shall vacate the swing space on time.
The transition period is generally not more than 18 months, and the longest transition period is not more than 24 months if the new building is a high-rise or super-high-rise building.
If the transition period is extended due to the responsibility of the demolition person, the temporary resettlement subsidy will be increased on the basis of the original temporary resettlement subsidy standard from the overdue month, and the increase standard is: 25% for those who are overdue for less than half a year; Overdue for half a year and less than one year, an increase of 50%; An increase of 75% if it is overdue for one year and less than two years; Overdue for more than two years and less than three years, increase by100%; Overdue for more than three years, the demolition must take measures to resettle, overdue resettlement, on the basis of the original temporary resettlement subsidy standard increased by 500%. Due to the responsibility of the demolisher, if the demolished person who provides the transitional housing with turnover extends the transitional period, the temporary resettlement subsidy shall be paid according to the standards stipulated in Article 36 of these Measures from the overdue month.
Chapter IV Punishment
Thirty-eighth in violation of the provisions of these measures, without obtaining the permit for house demolition, the house demolition management department shall order it to stop the demolition, give it a warning and impose a fine of more than 20 yuan and less than 50 yuan per square meter of the building area of the house to be demolished.
Thirty-ninth demolition in violation of the provisions of these measures, to obtain housing demolition permit by deception, the housing demolition management department shall revoke the housing demolition permit, and impose a fine of more than 0% and less than 3% of the demolition compensation and resettlement funds.
Fortieth demolition in violation of the provisions of these measures, one of the following acts, the housing demolition management department shall order it to stop the demolition, give a warning, and may impose a fine of less than 3% of the demolition compensation and resettlement funds. If the circumstances are serious, the house demolition permit shall be revoked:
(a) the implementation of house demolition is not in accordance with the scope of demolition determined by the house demolition permit;
(two) entrust a unit that does not have the qualification for demolition to carry out demolition;
(three) to extend the demolition period without authorization.
Forty-first entrusted demolition agencies in violation of the provisions of the transfer of demolition business, the housing demolition management department shall order it to make corrections, confiscate the illegal income, and impose a fine of more than 25% and less than 50% of the demolition service fee agreed in the contract.
Article 42 If the house demolition management department, in violation of the provisions of these measures, issues the house demolition permit and other approval documents, fails to perform the duties of supervision and management, or fails to investigate and deal with illegal acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the circumstances are serious, causing heavy losses to public property, the interests of the state and the people, which constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Forty-third in the urban planning area of foreign land for housing demolition, and the need for compensation and resettlement, with reference to these measures.
Article 44 These Measures shall not apply to the demolition of villagers' houses on collective land in urban planning areas.
Forty-fifth these measures are inconsistent with the Regulations on the Administration of Urban Housing Demolition or the Measures for the Administration of Urban Housing Demolition in Guizhou Province, and the provisions of the Regulations on the Administration of Urban Housing Demolition or the Measures for the Administration of Urban Housing Demolition in Guizhou Province shall prevail.
Forty-sixth these measures shall come into force 30 days after the date of promulgation, and the Measures for the Administration of Urban Housing Demolition in Liupanshui City promulgated by the Municipal People's Government in 2000+0 15+0 shall be abolished at the same time.
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