20 19 Regulations of Chongqing Municipality on Housing Demolition Management and Demolition Compensation Standard (full text)

Regulations of Chongqing Municipality on the Administration of Urban House Demolition

Chapter I General Provisions

Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the demolition parties and ensure the smooth progress of construction projects, these Regulations are formulated in accordance with the Regulations of the State Council Municipality on the Management of Urban House Demolition and in light of the actual situation of this Municipality.

Article 2 These Regulations shall apply to the demolition of houses and their appendages on state-owned land within the urban planning area of this Municipality, and it is necessary to compensate and resettle the demolished people.

Article 3 The term "parties" as mentioned in these Regulations refers to house demolition, demolition and house lessee:

Demolition refers to the unit that has obtained the permit for house demolition;

The person to be demolished refers to the owner of the house to be demolished and its attachments;

The lessee refers to the unit or individual who has a legal lease relationship with the demolished person.

Fourth urban housing demolition must conform to the urban planning, which is conducive to urban construction, ecological environment improvement and cultural relics protection.

Demolition should be in accordance with the provisions of this Ordinance to be taken compensation and resettlement; The person to be demolished shall complete the relocation within the relocation period.

Fifth city real estate administrative departments (hereinafter referred to as the municipal housing demolition departments) in charge of urban housing demolition work within the administrative area of this Municipality.

County (autonomous county, city) people's government to determine the competent department of housing demolition in charge of urban housing demolition work within their respective administrative areas.

Sixth city and district, county (autonomous county, city) people's government should strengthen the leadership of urban housing demolition work.

Land, construction, planning, public security, municipal administration, industry and commerce and other relevant administrative departments and township people's governments and subdistrict offices shall actively assist the competent departments of house demolition to do a good job in the management of house demolition.

Chapter II Demolition Management

Seventh city housing demolition administrative departments of the main responsibilities of the demolition management is:

(a) to be responsible for the qualification examination and personnel training of housing demolition agencies, and to issue housing demolition qualification certificates;

(two) the formulation of urban housing demolition assessment rules, supervision of housing demolition assessment agencies housing demolition assessment behavior;

(three) in accordance with the provisions of this Ordinance, review and approve the housing demolition plan, compensation and resettlement plan, issue housing demolition permits, and issue housing demolition announcements;

(four) supervision and inspection of housing demolition activities, the implementation of penalties for violations of these regulations;

(five) to apply for compulsory demolition in accordance with the provisions of these regulations;

(six) to correct the inappropriate administrative behavior of the lower authorities in charge of demolition.

Counties (autonomous counties, cities) are mainly responsible for the management of house demolition:

(a) issued a notice to suspend the relevant procedures, according to the provisions of this Ordinance to review and approve the housing demolition plan and compensation, resettlement program, the issuance of housing demolition permits, the release of housing demolition notice;

(two) to supervise the house demolition evaluation behavior of the house demolition evaluation institution;

(three) to supervise and inspect the house demolition activities and punish the acts in violation of these regulations;

(four) to apply for compulsory demolition in accordance with the provisions of these regulations;

(five) to deal with the problems left over from the demolition history.

Article 8 After obtaining the opinions on the site selection of construction projects, the construction unit shall, with relevant certificates, apply to the competent department of house demolition in the county (autonomous county, city) where the house to be demolished is located to suspend the relevant procedures.

Counties (autonomous counties, cities) housing demolition departments received the application of the construction unit (hereinafter referred to as the demolition applicant) to suspend the relevant procedures, it should be reviewed in a timely manner. In line with the conditions, it shall, within 7 working days from the date of receiving the application for suspension of the relevant procedures, issue a notice of suspension of the relevant procedures to the local land, planning, municipal and industrial and commercial administrative departments; If it does not meet the requirements, it shall make a written decision not to accept it within 7 working days from the date of receiving the application for suspension of relevant procedures.

The administrative departments of land, planning, municipal administration and industry and commerce shall do the following work within the scope of demolition according to the division of responsibilities:

(a) to suspend the handling of land use rights and housing sales, exchange, production analysis, division, gift, mortgage, pawn, household, lease, change of use, deployment and other procedures. , and prohibit new construction, expansion and renovation of houses (except for dangerous houses identified);

(2) Suspending the issuance of business licenses. Temporary service outlets such as supervision kiosks and stalls are dismantled or moved out by themselves within the relocation period determined by the demolition announcement.

The longest period of validity of the notice of suspension of relevant formalities shall not exceed 1 year; In case of special circumstances, the extension shall be approved by the competent department of house demolition that issued the Notice of Suspension of Relevant Procedures, and the longest extension period shall not exceed 1 year.

Article 9 If it is necessary to demolish urban houses due to construction, and it is necessary to compensate and resettle the demolished persons, it shall obtain the house demolition permit issued by the house demolition management department.

Key construction projects at or above the municipal level, cross-regional and county (autonomous county, city) construction projects, and projects with a construction area of 1 10,000 square meters or more in the main urban area shall be issued with housing demolition permits by the municipal housing demolition management department.

Tenth apply for housing demolition permit procedures, according to the following provisions:

(a) the demolition applicant to construction project approval documents, construction land planning permit, construction land approval, demolition plan and compensation and resettlement scheme (including the use function and quality of resettlement houses) and the certificate issued by the financial institutions for deposit business of not less than 70% of the total funds required for compensation and resettlement, to the county (autonomous county, city) housing demolition departments to apply for demolition;

(II) The competent department of house demolition shall, within 10 working days from the date of receiving the demolition application, issue the house demolition permit according to the authority as stipulated in this Ordinance, and the competent department of house demolition of counties (autonomous counties, cities) shall, within 5 working days from the date of issuing the house demolition permit, announce the demolition person, demolition scope, compensation and resettlement methods, etc., and determine the demolition period, house vacating period or transition period in the form of house demolition announcement. Do not have the demolition conditions, make a written decision not to issue a house demolition permit within 5 working days from the date of receiving the demolition application and explain the reasons.

Eleventh from the date of receiving the house demolition permit within 3 months without the implementation of the demolition, the house demolition permit shall be invalidated automatically, unless the demolition is postponed due to force majeure.

Twelfth demolition shall be carried out within the scope of the housing demolition permit, and the scope of demolition shall not be changed without authorization.

If the scope of demolition needs to be changed due to planning adjustment, the demolition can be implemented only after going through the formalities of house demolition change in accordance with the original examination and approval procedures.

Thirteenth people can take their own demolition, can also be entrusted with the corresponding housing demolition qualification units to carry out the demolition.

If the demolisher entrusts a unit with the qualification of house demolition to carry out the demolition, after the two parties sign the entrustment contract, the demolisher shall, within 05 days from the date of signing the entrustment demolition contract, report the entrustment demolition contract to the house demolition department that approved the demolition for the record. The entrusted demolition unit shall not transfer the demolition business.

The competent department of house demolition shall not accept the entrustment of demolition.

Fourteenth relocation period is 2 months from the date of the announcement of the demolition, and the period of vacating the land for demolition is 6 months from the date of the announcement of the demolition. If it is necessary to extend the time limit or stop the demolition due to special circumstances, the demolition person shall apply to the competent department of house demolition before the expiration of the land demolition period 15; The competent department of house demolition shall give a written reply within 10 working days from the date of accepting the application. If it is really necessary to extend the land relocation period, the extension period shall not exceed 3 months.

Fifteenth demolition and demolition shall sign compensation and resettlement agreement within the prescribed relocation period. The agreement shall specify the form and amount of compensation, the area and location of resettlement housing, the quality of resettlement housing, the transition mode and transition period of relocation, the liability for breach of contract and other matters that the parties think need to be agreed.

Demolition of rental housing, the demolition should be taken and the lessee signed a compensation and resettlement agreement.

After the conclusion of the compensation and resettlement agreement, it shall be filed with the competent department of house demolition that approved the demolition.

Sixteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolition person or lessee refuses to move beyond the relocation period, the demolition person may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law.

Article 17 If the dismantler and the dismantler or the dismantler, the dismantler and the lessee fail to reach an agreement on the compensation method and amount, the area and location of the resettlement house, the relocation transition mode and the transition period, the parties involved in the demolition shall apply to the house demolition department that approved the demolition for a ruling. If the person to be demolished is the real estate administrative department, it shall be decided by the people's government at the same level. The ruling shall be made within 30 days from the date of accepting the application.

Article 18 If the demolished person or lessee refuses to move within the time limit when the administrative organ makes a ruling in accordance with the provisions of these Regulations, the people's government of the district/county (autonomous county, city) where the house is located shall organize relevant departments to forcibly remove it or the ruling organ shall apply to the people's court for compulsory removal; Apply to the people's court for compulsory demolition, and the cost of compulsory execution shall be borne by the demolition person.

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

If a party refuses to accept the award, it may apply for administrative reconsideration or bring an administrative lawsuit according to law after receiving the award. If the demolisher makes compensation and resettlement for the demolished person or provides temporary working space in accordance with the provisions of these regulations, the execution of the ruling shall not be stopped during the reconsideration or litigation.

Nineteenth demolition and transfer of construction projects, should be approved by the original demolition of housing authorities, can handle land use, planning and housing demolition procedures.

When the demolisher transfers the construction project, the relevant rights and obligations agreed in the original demolition agreement shall be transferred to the transferee under the condition that the demolition compensation and resettlement have not been completed. Both parties to the project transfer shall notify the demolished person in writing, and the real estate development administrative department that approved the project transfer shall publicize the project transfer.

Twentieth housing demolition compensation and resettlement funds should be used for housing demolition compensation and resettlement, and shall not be used for other purposes.

City and county (autonomous county, city) housing demolition departments should strengthen the supervision of the use of funds for demolition compensation and resettlement.

Twenty-first demolition involving military facilities, churches, temples, cultural relics and houses of foreign embassies (consulates) in China shall be handled in accordance with the provisions of relevant laws and regulations.

Twenty-second house demolition departments have the right to inspect the house demolition activities, and the inspected must truthfully provide information and materials. Inspectors shall keep technical and commercial secrets for the inspected.

Twenty-third housing demolition parties take up working hours to participate in the demolition mobilization meeting and move, the unit should be given public leave; Can not be given public holidays, the demolition to give appropriate subsidies.

Twenty-fourth housing demolition departments should establish and improve the housing demolition archives management system, strengthen the management of housing demolition archives.

Demolition in the process of demolition, should be in accordance with the relevant provisions in a timely manner to sort out and properly keep the demolition files, within 3 months after the completion of the demolition, the district (autonomous county, city) housing demolition departments to submit the demolition files.

Chapter III Compensation and Resettlement for Demolition

Twenty-fifth demolition compensation and resettlement can use monetary compensation, but also can use the exchange of property rights with the same value as monetary compensation.

In addition to the provisions of laws and regulations, the demolition can choose the demolition compensation method.

Twenty-sixth monetary compensation, monetary compensation amount, according to the location, use, construction area and other factors, to determine the real estate market evaluation price.

The demolisher shall entrust a qualified house demolition assessment agency to assess the price of the house to be demolished, and report the assessment report to the house demolition department that issued the house demolition permit for the record.

If the person being demolished disagrees with the assessment results issued by the house demolition assessment agency entrusted by the demolisher, he may negotiate with the demolisher with the assessment results issued by the house demolition assessment agency entrusted by him separately. If negotiation fails, the parties to the demolition may apply for a ruling in accordance with the provisions of Article 18 of these regulations.

The amount of compensation for house demolition shall not be less than 70% of the average transaction price of commercial housing with the same use in the same location.

Twenty-seventh real estate appraisal institutions engaged in housing demolition appraisal business, must have a business license and the corresponding real estate appraisal qualification.

Housing demolition assessment agencies shall strictly abide by the relevant laws, regulations and provisions, practice objectively, fairly and scientifically, and shall not harm the legitimate rights and interests of the parties and shall not practice illegally.

City housing demolition management department shall regularly publish the directory of housing demolition assessment agencies, establish a housing demolition assessment management system, formulate technical specifications for housing demolition assessment, and strengthen the supervision of housing demolition assessment agencies.

Twenty-eighth the implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of article twenty-sixth, calculate the amount of compensation for the demolition of housing and housing exchange price, settlement of property rights exchange price difference.

Article 29 When demolishing public houses, schools, hospitals and other non-profit-making public welfare houses and their attachments, the demolisher shall, in accordance with the requirements of urban planning, rebuild them according to the original nature and scale or give monetary compensation.

Thirtieth demolition of illegal buildings, temporary buildings that have exceeded the approved service life and temporary buildings that have been used for more than two years without specified service life shall not be compensated; Demolition of temporary buildings that have not exceeded the approved use period, without property rights exchange, the demolition person will give monetary compensation.

Thirty-first demolition of non-public housing attachments do not implement property rights exchange, monetary compensation by the demolition.

The decoration of the demolished house is demolished by the owner (or user) free of charge; Can not be removed, give appropriate compensation.

Thirty-second demolition of rental housing, the demolition and housing tenant to terminate the lease relationship, or the demolition of housing tenant resettlement, the demolition of compensation to 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-third because of the need to dismantle urban infrastructure, it must be dismantled in accordance with the construction plan approved by the competent department of city planning administration, and the use function should be restored or improved free of charge. Where laws, administrative regulations and the Municipal People's Government provide otherwise, such provisions shall prevail.

Thirty-fourth demolition of houses with property rights disputes or disputes over the right to use, if the disputes are not resolved within the prescribed time limit announced by the competent department of house demolition, the demolition person shall put forward a compensation and resettlement plan and report it to the competent department of house demolition for approval before implementing the demolition. The competent department of house demolition shall, before the demolition, organize the demolition to carry out survey records on the demolished houses, and handle the evidence preservation with the notary office.

Thirty-fifth demolition of housing mortgage property rights exchange, the mortgagee and the mortgagor shall re sign a mortgage agreement. If the mortgagee and mortgagor fail to reach a mortgage agreement within the time limit announced by the house demolition department, the demolition shall be carried out with reference to the provisions of Article 35 of these regulations.

Monetary compensation for the demolition of mortgaged houses can only be given after the mortgagee and mortgagor reset the mortgage or the mortgagor pays off the debt.

Thirty-sixth demolition of residential houses in the main city should implement monetary compensation or one-time existing home placement, and provide more than two sets of houses for the demolition to choose from. Demolition of residential houses outside the main city, it is really necessary to transitional resettlement, should seek the views of the people being demolished, reported to the county (autonomous county, city) housing units departments for approval, and in the demolition compensation and resettlement agreement clearly transition mode and transition period, by the approved county (autonomous county, city) housing units departments responsible for supervision and implementation.

Belonging to the urban infrastructure construction or the land reserve project determined by the government, monetary compensation or one-time existing houses are resettled in different places.

If the new project is non-residential, monetary compensation or one-time relocation of existing houses will be implemented for the original residential part.

Thirty-seventh in the original demolition and resettlement scope, the demolition should first build resettlement houses.

The demolition and resettlement of residential houses shall be made public, and the demolished persons shall give priority to the floors and orientations of resettlement under the same huxing conditions. Residential resettlement houses must meet the basic requirements and quality standards of the national design code for ordinary civil houses; Resettlement houses that have not passed the planning, fire protection and construction quality acceptance shall not be delivered for use.

Thirty-eighth the right to use the demolished public housing tenant, with the consent of the owner of the house, can be transferred in accordance with the relevant provisions.

Chapter IV Demolition Transition and Subsidies

Thirty-ninth residential or non-residential users move, the demolition should pay relocation subsidies. In the relocation period stipulated in the demolition notice, the demolition should be given an early relocation incentive fee.

Fortieth people can not solve the demolition of housing users resettlement housing, should provide temporary housing turnover or encourage housing users to make a temporary transition.

If the building area of the demolished house is less than 10,000 square meters, the transition period shall not exceed two years from the date of relocation of the demolished person or user; If the building area of the demolished house is more than 10,000 square meters, the transition period shall not exceed three years from the date when the demolished person or user moves.

Forty-first within the prescribed transition period, the demolition of residential users to solve the temporary transition, the demolition should pay temporary resettlement subsidies; Temporary housing turnover provided by the demolition, do not pay temporary resettlement subsidies.

Article 42 If the dismantler fails to provide temporary revolving houses within the stipulated transition period, resulting in the suspension of production or business of the demolished non-residential houses, the dismantler shall pay the economic loss subsidy in one lump sum according to the original construction area of the demolished houses and the length of the transition period, and the economic loss subsidy shall be distributed by the users of the demolished houses through consultation.

Within the prescribed transition period, if the demolisher provides non-residential temporary revolving houses according to the demolished construction area, no economic loss subsidy will be paid.

Forty-third parties to the demolition shall abide by the provisions of the transition period, and the demolition shall not extend the transition period without authorization. If the demolisher provides a temporary revolving house, the demolished person or lessee shall not refuse to move into the resettlement house when it expires, and must vacate the revolving house.

Forty-fourth due to the responsibility of the demolition, self transition demolition over the transition period, from the overdue date to increase temporary resettlement subsidies or economic loss subsidies; For those who are taken to provide temporary revolving houses, temporary resettlement subsidies or economic loss subsidies shall be paid according to the overdue proportion from the date of overdue.

Chapter V Legal Liability

Forty-fifth without the consent of the housing demolition management department, the transfer of all construction projects demolition and resettlement tasks, the housing demolition management department shall order it to make corrections within a time limit, and may be fined 20 thousand yuan to 50 thousand yuan; Land use and planning changes have been handled, and the procedures for land use planning changes are invalid.

Forty-sixth housing demolition assessment agencies engaged in housing demolition assessment business in violation of regulations, according to the law to cancel its housing demolition assessment qualification; If the circumstances are serious, its business license, appraisal qualification or appraiser qualification shall be revoked according to law.

Forty-seventh people who are not required to submit the demolition files shall be given a warning by the competent department of housing demolition and ordered to make corrections within a time limit.

Forty-eighth demolition failed to pass the planning, fire control and construction quality acceptance of the demolished houses, or there are property disputes in the demolished houses, which shall be investigated and handled by the relevant departments.

Forty-ninth if a party refuses to accept the specific administrative act of the competent department of urban house demolition, it may apply for reconsideration or bring a lawsuit directly to the people's court according to law. If the party concerned fails to apply for reconsideration, bring a suit in a people's court and perform it within the time limit, the organ that has made the specific administrative act shall apply to the people's court for compulsory execution.

Fiftieth insult, assault housing demolition staff, hinder the housing demolition staff to perform official duties, by the public security organs in accordance with the relevant provisions of the "Regulations of the people's Republic of China on administrative penalties for public security" punishment; Anyone suspected of committing a crime shall be dealt with by judicial organs according to law.

Fifty-first housing demolition administrative departments in violation of the relevant provisions of these regulations issued housing demolition permits and other approval documents, issued by the housing demolition permits and other approval documents are invalid; After issuing the house demolition permit and other approval documents, failing to perform the duties of supervision and management, resulting in heavy losses to public property and the interests of the state and the people, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions by their units or the competent department at a higher level and the supervisory organ according to law, and shall be liable for compensation according to law; If the case constitutes a crime, it shall be dealt with by judicial organs according to law.

Chapter VI Supplementary Provisions

Article 52 The term "non-residential" as mentioned in these Regulations refers to the non-residential houses recorded in the state-owned land use right certificate and the house ownership certificate held by the house owner before the notice of suspension of relevant procedures is issued.

Article 53 The standards for expenses and resettlement subsidies involved in these Regulations shall be formulated separately by the Municipal People's Government.

Article 54 The demolition of houses on foreign-owned land in urban planning areas shall be carried out with reference to these Regulations. These regulations are not applicable to the demolition management of urban immigrant houses in the Three Gorges reservoir area.

Article 55 These Regulations shall come into force as of February 6, 2002.

Before the entry into force of these regulations, if the demolition notice has been issued, the original regulations shall apply.

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