20 19 Xuancheng housing demolition management regulations and demolition compensation standards (full text)

Measures for the implementation of compensation and resettlement for house demolition on collective land in Xuancheng City

Chapter I General Provisions

Article 1 In order to further standardize the compensation and resettlement for house demolition on collective land in urban planning area of our city, earnestly safeguard the legitimate rights and interests of the parties concerned, and promote the sound and rapid development of economic and social undertakings and urban construction, according to the Land Administration Law of the People's Republic of China, the Urban and Rural Planning Law of People's Republic of China (PRC), and the Measures for the Implementation of the Land Administration Law of the People's Republic of China in Anhui Province, etc.

Article 2 These Measures shall apply to the demolition of houses and their ancillary facilities on collective land within the urban planning area of Xuancheng City, as well as the compensation (subsidy) and resettlement for the demolished people.

Article 3 The Municipal Bureau of Land and Resources is the administrative department in charge of compensation and resettlement for house demolition on collective land in this Municipality, and supervises and manages the compensation and resettlement for house demolition on collective land.

City housing construction, planning, public security, finance, taxation, industry and commerce, human society, family planning, civil affairs, urban management and law enforcement, prices, housing management and other departments shall, in accordance with their respective responsibilities, do a good job in compensation and resettlement for house demolition on collective land; Municipal supervision, auditing and other departments should strengthen the supervision and inspection of compensation and resettlement for house demolition on collective land.

Xuanzhou District People's Government and Xuancheng Economic and Technological Development Zone Administrative Committee shall be responsible for the compensation and resettlement of house demolition on collective land within their respective jurisdictions in accordance with the provisions of these Measures, and determine the working institutions to undertake the specific implementation work as the residents.

Chapter II Demolition Management

Article 4 The following matters shall not be handled from the date of the announcement of collective land expropriation:

(a) the examination and approval of housing construction, expansion and reconstruction;

(2) Registration of changes in the use of land and houses;

(three) the registration of changes in housing property rights and land use rights;

(four) household or household, but because of marriage, childbirth, retirement, released from prison and other conditions in line with the household or household policy except;

(5) Issuing business licenses for industry and commerce;

(six) the issuance of water culture certificate, forest right certificate and other related certificates;

(seven) other matters that hinder the fair implementation of the demolition compensation and resettlement policy.

After the announcement, those who handle the above matters in this article without authorization in violation of the provisions shall not be recognized when taking the demolition.

Article 5 The demolisher shall organize a thorough investigation and registration of the ownership, location, use and construction area of the house within the scope of demolition, and the demolished person shall cooperate.

The demolisher shall publicize the results of house demolition investigation, compensation and resettlement respectively in the scope of demolition and the publicity column of relevant township and street offices. The publicity period is not less than 5 days. The telephone number, e-mail address and address of letters and visits shall be announced in the publicity.

Sixth residents should be based on the planning red line map and the provisions of these measures, formulate the implementation plan of demolition compensation and resettlement and submit it for approval according to the procedures.

Article 7 The Municipal Bureau of Land and Resources shall establish a reporting system for demolition management, and publicly report the telephone number, e-mail address and petition address. After receiving the report, the person in charge shall be responsible for handling it and inform the informant of the result.

Article 8 The demolisher and the demolished shall sign the demolition compensation and resettlement agreement in accordance with the provisions of these Measures, and the model text of the demolition compensation and resettlement agreement shall be supervised by the Municipal Bureau of Land and Resources.

After the signing of the demolition compensation and resettlement agreement, if one party fails to perform the agreement, the other party may apply to Xuancheng Arbitration Committee for arbitration according to the agreement, or bring a lawsuit to the people's court according to law.

Ninth urban planning area within the scope of collective land, there are a number of legal housing demolition and their family members, according to the "one household, one house" to enjoy property rights exchange, the rest of the housing demolition monetary compensation, not repeated placement.

Chapter III Compensation and Resettlement

Tenth houses to be demolished are divided into residential houses and non-residential houses. Residential houses refer to houses used for daily life; Non-residential buildings refer to business, office, production and storage buildings other than residential buildings.

Without the approval of the administrative department of land planning to change the purpose of the house, the compensation for demolition shall be determined according to the original purpose of the house.

Eleventh residential demolition compensation and property rights exchange in two ways. All non-residential houses shall be subject to monetary compensation.

Article 12 For a house that holds a house ownership certificate, a collective land use certificate or is approved by the competent department of land planning administration, the compensation area for demolition shall be truthfully determined within the legal construction area specified in the certificate or approval document.

65438+1March 3, 19901,which was completed at one time and has not been rebuilt (expanded or rebuilt) since then, if there is no objection after examination and publicity, its construction area shall be regarded as legal construction area, and actually recognized as demolition compensation area.

Thirteenth housing compensation and resettlement in accordance with the provisions of article twelfth, shall be handled in accordance with the following provisions:

(a) the implementation of monetary compensation, according to the basic price of the demolition of housing into a new and location price to calculate the amount of compensation. Compensation (subsidy) standards and rewards shall be implemented in accordance with the annex to these measures.

(two) residential housing property rights exchange, according to the demolition of the family should be placed in the area to determine the family should be placed in the area. Compensation (subsidy) standards and rewards shall be implemented with reference to the annex to these measures and the following payment methods:

1. For the part where the demolition compensation area is equal to the family resettlement area, the 900 yuan/㎡ (average price) of the resettlement house and the basic price of the demolished house will be merged to form a new mutual settlement price difference;

2. If the demolition compensation area exceeds the family resettlement area, it will be combined into a new calculation compensation amount according to the basic price of the demolished house;

3. Determine that the compensation area for demolition is insufficient, and resettle family members. Where the demolished person requests to make up the resettlement area, the supplementary part shall be purchased according to 300 yuan/square meter;

4. When the demolished families choose resettlement houses after signing the demolition agreement, if the area of the selected resettlement houses exceeds the required resettlement area, the preferential price per capita announced by the Municipal Price Bureau, the Municipal Housing Construction Committee and the Municipal Bureau of Land and Resources at the time of signing the agreement shall be 5m2; The excess part is purchased according to the transaction guidance price announced by the Municipal Price Bureau and the Municipal Housing Construction Committee at the time of signing the agreement.

Article 14 For the only family residential house approved by the planning administrative department or obtained the collective land use certificate but without indicating the construction area, the compensation area for demolition shall be determined by taking the demolished family as the unit of 50㎡. If the family resettlement area of the demolished person is greater than the cumulative value of 50㎡ per capita of family resettlement personnel, the compensation area for demolition shall be determined according to the facts within the family resettlement area of the demolished person.

Fifteenth in accordance with the provisions of article fourteenth of the demolition of houses should implement property rights exchange, in accordance with the following provisions:

(a) that the demolition compensation area and the family should be placed in the same area, according to the placement of housing 900 yuan/㎡ (average price) and the basic price of the demolition of housing to form a new mutual settlement price difference;

(two) that the demolition compensation area exceeds the family resettlement area, according to the basic price combined into a new calculation of compensation amount; If the construction area exceeds the recognized compensation area for demolition, the compensation amount shall be calculated by combining the benchmark price into a new 80%;

(three) the compensation area for demolition is insufficient, and the part of the family resettlement area is required by the demolished person to make up the resettlement area, and the supplementary part is purchased according to 300 yuan/㎡;

(4) If the family of the demolished chooses the resettlement house after signing the demolition agreement, the part of the resettlement house that exceeds the required resettlement area shall be purchased within 5m2 per capita at the preferential price announced by the Municipal Price Bureau, the Municipal Housing Construction Committee and the Municipal Bureau of Land and Resources at the time of signing the agreement; The excess part is purchased according to the transaction guidance price announced by the Municipal Price Bureau and the Municipal Housing Construction Committee when the agreement is signed;

(five) the housing construction area is greater than the compensation area for demolition, and the decoration compensation fee, relocation fee, temporary resettlement fee and incentive fee are not calculated for the excess part.

Article 16 During the period from April 1990 to April 30, 2007, rural villagers who meet the use conditions of the homestead built the only family residence without approval, and the part that was built at one time and not rebuilt (expanded or rebuilt), the compensation area for demolition should be determined within 40㎡ of the demolished family.

Seventeenth in accordance with the provisions of article sixteenth of the demolition of houses should implement property rights exchange, in accordance with the following provisions:

(a) that the demolition compensation area and the family should be placed in the same area, according to the placement of housing 900 yuan/㎡ (average price) and the basic price of the demolition of housing to form a new mutual settlement price difference;

(2) If the construction area exceeds the recognized compensation area, the compensation amount shall be calculated according to brick-concrete 500 yuan/㎡ and brick-wood 300 yuan/㎡;

(3) The difference between the family resettlement area and the compensation area approved for demolition shall be purchased at 900 yuan/㎡. Families with insufficient construction area shall be resettled, and if the demolished person requests to make up the resettlement area, the supplementary part shall be purchased according to 300 yuan/square meter;

(4) If the family of the demolished chooses the resettlement house after signing the demolition agreement, the part of the resettlement house that exceeds the required resettlement area shall be purchased within 5m2 per capita at the preferential price announced by the Municipal Price Bureau, the Municipal Housing Construction Committee and the Municipal Bureau of Land and Resources at the time of signing the agreement; The excess part is purchased according to the transaction guidance price announced by the Municipal Price Bureau and the Municipal Housing Construction Committee when the agreement is signed;

(five) the housing construction area is greater than the family should be placed in the area, the excess part shall not be calculated decoration compensation fees, relocation fees, temporary resettlement fees and incentive fees.

Eighteenth other demolition compensation provisions:

(1) Houses built by people who do not meet the conditions for use shall not be placed.

Houses built before 2002 10 and 3 1 in the urban planning area defined in Xuanzhou Master Plan (version 1998) will be merged into new compensation amount according to the basic price of the demolished houses; For houses built between June 2002 1 65438+1October1April 30, 2007, the compensation amount shall be calculated according to brick-concrete 500 yuan/㎡ and brick-wood 300 yuan/㎡.

Houses built before April 30, 2007 and newly incorporated into the urban planning area of Xuancheng City Master Plan (2007-2020) will be merged into new compensation amount according to the basic price of the demolished houses.

If it is verified that the house is the only house built by agricultural registered permanent residence personnel who do not meet the requirements for applying for homestead, they are allowed to buy a set of resettlement houses within 80㎡ according to 70% of the transaction guidance price.

(2) With the consent of the township (street office), the compensation amount for the commercial, office, production and storage houses built before April 30, 2007 shall be calculated according to the brick-concrete 500 yuan/㎡, the steel structure 400 yuan/㎡ and the brick-wood structure 300 yuan/㎡.

(III) Where a self-owned house that meets the requirements of Article 12, Article 14 and Article 16 is engaged in production and business activities, and has a business license for continuous operation for one year, and can issue a tax payment certificate, in addition to compensation and resettlement for the house in accordance with the provisions of these Measures, residents can determine the area of the first floor of the house and give subsidies for the loss of production or business suspension.

Nineteenth houses that do not meet the above provisions of this chapter shall be treated as illegal buildings. Demolition of illegal buildings, according to the brick (steel) 50 yuan/㎡, brick wood 40 yuan/㎡ demolition subsidies; Forced demolition is not subsidized.

Twentieth any of the following circumstances, no compensation:

(a) temporary buildings that have exceeded the approved service life, or have been used for more than 2 years although the service life is not specified;

(two) the demolition of residential houses built on the new homestead, and the original homestead is not returned according to law, and the original residential houses will not be compensated;

(three) houses, temporary sheds and other facilities newly built, rebuilt and added within the scope of demolition after the announcement of collective land expropriation;

(four) other circumstances in which compensation is not given according to the provisions.

Twenty-first family resettlement area refers to the sum of the cumulative resettlement area of 40㎡ per capita and the increased resettlement area. Meet the following conditions, can increase the resettlement area:

(a) has reached the legal age of marriage and has been unmarried by 40 square meters;

(two) married and holding a child birth certificate increased by 40 ㎡;

(3) The increase of one-child certificate and children who have not reached the legal marriage age10m2;

(4) According to the relocation compensation and resettlement plan for cross-regional resettlement, the relocation compensation area determined within the relocation area of the household is taken as the base, and the area is increased according to Annex 10.

Twenty-second according to the demolition compensation and resettlement scheme of single building total floors more than 7+ 1 1 (including 1 1), according to the demolition compensation area identified in the resettlement area of the demolished family, 6% will be given as the base; Placed in a single building with a total construction area of 12, 9% will be given as the base according to the compensation area recognized by the demolished families.

Article 23 Resettlement refers to the family members who have been working and living in rural collective economic organizations as recorded in their agricultural household registration books, and enjoy the right to land contractual management and property distribution of the collective economic organizations according to law (hereinafter referred to as members of the collective economic organizations).

Twenty-fourth meet the following conditions, can be placed as a member of the collective economic organization (except for sojourning, foster care, boarding and hanging households):

(1) agricultural registered permanent residence personnel who have settled down due to marriage, childbirth, legal adoption and policy immigration and actually live and live within the scope of this collective economic organization;

(two) I or one of my parents is a member of the collective economic organization, and the original household registration is in the active service of the villagers' group before moving out (except in line with the national military resettlement policy);

(3) prisoners whose household registration is in the villagers' group at the time of sentencing;

(4) I or any parent is a member of the collective economic organization, and the college, secondary school and primary school students whose original household registration was in the villagers' group before moving out are only resettled according to the standard of 40㎡;

(5) Those who were originally registered in the villagers' group and bought their own household registration of self-care rations in the 1990s, but actually still live in the original villagers' group, and the residence is the only residence on their collective land, and those who participate in the distribution of this collective economic organization will only be resettled according to the standard of 40㎡.

(six) after the marriage, the account has not moved out, and the household has no homestead or residential housing in the marriage place. The household and its accompanying children are resettled according to the standard of 40㎡ per capita.

Twenty-fifth in the public security department of registered permanent residence registration procedures, but the household registration address is the same, with all the resettled people in this address and the houses built jointly determine the demolition compensation area and resettlement area.

Twenty-sixth demolition of rental (borrowed) houses and ancillary facilities, compensation and resettlement by people outside the demolition (unit), the demolition of their own handling of rental (borrowed) relationship.

Twenty-seventh resettlement houses obtained by property rights exchange shall be marked with the words "collective land resettlement houses" on the house ownership certificate, and shall not be listed and traded within 5 years after handling the house ownership certificate; If it is listed and traded five years later, the property owner shall pay the land income and related taxes and fees, and the measures shall be formulated separately.

If the expropriated person meets the minimum requirements and is unable to purchase the full family resettlement area, the property right of * * * shall be implemented, and the rental and sale shall be carried out simultaneously.

Twenty-eighth unified housing units are generally 60㎡, 80㎡, 100㎡, 120㎡ and 130㎡. The demolished family must choose the house according to the nearest apartment type from the property right exchange area. The housing payment for resettlement houses shall be settled when the sales contract for resettlement houses is signed.

Chapter IV Supervision and Administration

Article 29 The area, structure, use and nature of the house to be demolished, as well as the resettlement personnel and resettlement area of the family to be demolished, shall be examined and approved by the township (street office), Xuanzhou District People's Government and Xuancheng Economic and Technological Development Zone Administrative Committee.

Thirtieth people to provide false or forged housing, land, household registration, land contract and other certification materials. Or fraudulently obtaining compensation and resettlement funds for demolition, the signed compensation and resettlement agreement shall be dealt with according to law, and the responsibility of relevant personnel shall be investigated according to laws and regulations.

Thirty-first demolition staff abuse power for personal gain, dereliction of duty and other acts. , resulting in the loss of compensation funds for state-owned assets and government demolition, the relevant responsible persons and unit leaders shall be investigated according to the law; Suspected of a crime, transferred to judicial organs for handling according to law.

Thirty-second relevant departments issued false certification materials or in violation of the provisions of these measures to handle related matters, shall be investigated for the responsibility of the relevant responsible person and the person in charge of the unit; Suspected of a crime, transferred to judicial organs for handling according to law.

Thirty-third in violation of land management laws and regulations, obstruct the acquisition of land, the Municipal Bureau of land and resources shall be ordered to hand over the land; Those who refuse to hand over the land shall apply to the people's court for compulsory execution according to law.

Thirty-fourth audit institutions shall supervise the management and use of compensation and resettlement funds for demolition.

Chapter V Supplementary Provisions

Thirty-fifth rural collective economic organizations, rural villagers or other rights holders should actively support the development of economic and social undertakings, safeguard their legitimate rights and interests according to law, and support and assist the land acquisition and demolition work.

Thirty-sixth houses built without approval can refer to topographic maps, aerial photos, satellite remote sensing maps or other related real-time maps provided by the municipal planning, land resources, urban management and law enforcement departments to confirm the construction date. Disputes over the date of construction should be based on the principle of seeking truth from facts, and should be applied in writing by the person being taken. If the insider can prove it, the village (neighborhood) committee and township (street office) where the house is located will issue opinions after publicity, which will be examined and approved by Xuanzhou District People's Government and Xuancheng Economic and Technological Development Zone Administrative Committee.

Thirty-seventh rural villagers to apply for the use of homestead conditions and area standards according to the "implementation of Anhui province.

Thirty-eighth approach by the Municipal Bureau of land and resources is responsible for the interpretation of.

Article 39 These Measures shall come into force as of the date of promulgation.