My husband bought a suite in Liyang city, which will be demolished in a few years. "Is the demolition compensated according to the population or the square area of the house?" ...

Notice of the liyang city Municipal People's Government on printing and distributing the measures for the administration of urban house demolition in liyang city.

Township People's governments, municipal authorities and directly affiliated units:

The "measures" liyang city city housing demolition management has been discussed by the municipal government executive meeting, is issued to you, please implement.

Press release issued on 9 May 2005

Measures of liyang city Municipality on the Administration of Urban House Demolition

Chapter I General Principles

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 measures are formulated in accordance with the relevant provisions of the Regulations on the Administration of Urban House Demolition in the State Council, the Regulations on the Administration of Urban House Demolition in Jiangsu Province and the Measures for the Administration of Urban House Demolition in Changzhou City, and combined with the actual situation of this Municipality.

Article 2 These Measures shall apply to the demolition of houses on state-owned land within the urban planning area of this Municipality and the need for compensation and resettlement for the demolished people.

Article 3 Urban house demolition must conform to urban planning, which is conducive to the transformation of old areas and the improvement of ecological environment, and the protection of cultural relics and historic sites.

Fourth people should be taken in accordance with the provisions of these measures, to be taken to give compensation and resettlement; The person to be demolished shall complete the relocation within the relocation period.

The term "demolition" as mentioned in these Measures refers to the unit that has obtained the permit for house demolition.

The term "demolition" as mentioned in these Measures refers to the owner of the house to be demolished.

Article 5 The municipal construction administrative department is the administrative department in charge of urban house demolition in this Municipality (hereinafter referred to as the house demolition management department), which supervises and manages the work of urban house demolition in this Municipality, and the municipal house demolition management office is specifically responsible for the management of urban house demolition in this Municipality.

Towns (districts) and planning, finance, price, industry and commerce, economy and trade, public security and other relevant departments shall cooperate with each other in accordance with the provisions of these measures to ensure the smooth progress of urban housing demolition management.

Land administrative departments shall be responsible for land management related to urban house demolition in accordance with the provisions of relevant laws and regulations.

Chapter II Demolition Management

Article 6 Urban house demolition shall follow the following procedures:

(a) to evaluate the demolition project;

(two) the demolition to the housing demolition management department to apply for housing demolition permit;

(three) the house demolition management department issued a demolition notice;

(four) the demolition and demolition or demolition and demolition and the lessee shall conclude a written demolition compensation and resettlement agreement;

(five) according to the demolition compensation and resettlement agreement for demolition compensation and resettlement;

(six) the implementation of housing demolition.

The time for the implementation of house demolition construction shall be no less than 30 days from the date of the announcement of demolition. For overseas Chinese and other people living outside the country (territory), the demolisher shall inform in writing the time for the implementation of house demolition, and the demolition time shall be extended accordingly. However, if there is another agreement between the demolisher and the demolished on the implementation time of house demolition, such agreement shall prevail.

Article 7 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) the construction land planning permit;

(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 house demolition management department shall, within 30 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 8 When applying for a house demolition permit, the demolition plan and demolition plan submitted to the house demolition management department shall include the following contents:

(a) The exact scope of demolition;

(two) the use, area and ownership of the house within the scope of demolition;

(three) the implementation steps of demolition and safety protection and environmental protection measures;

(four) the implementation of demolition funds, resettlement houses, turnover houses or other temporary transitional measures;

(five) the way and duration of the demolition.

The house demolition management department shall attach a detailed demolition scope map when issuing the house demolition permit.

Ninth demolition compensation and resettlement funds shall be deposited in financial institutions that handle special deposits business. The total amount of compensation and resettlement funds for demolition is determined according to the evaluation of the demolition project, and the financial institution entrusted by the demolition to handle the special deposit business of compensation and resettlement funds for demolition shall issue the certificate of compensation and resettlement funds for demolition.

The funds for compensation and resettlement for demolition shall all be used for compensation and resettlement for house demolition and shall not be used for other purposes. The house demolition management department shall strengthen the supervision over the use of compensation and resettlement funds for demolition, and the specific measures shall be formulated separately by the municipal house demolition management department in conjunction with relevant departments.

Tenth housing demolition management departments in the issuance of housing demolition permits at the same time, it should be stated in the housing demolition permit demolition, demolition scope, demolition period and other matters, to be published in the form of housing demolition notice.

Housing demolition management department, demolition person, demolition unit, etc. It shall promptly publicize and explain to the residents.

Eleventh 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, apply to the housing demolition management department for an extension of the demolition; The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition.

Twelfth people can take their own demolition, but also can entrust a qualified demolition unit to carry out the demolition.

Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.

Demolition unit refers to the unit that has obtained the qualification certificate of house demolition according to law, accepted the entrustment of demolition, mobilized the demolition within the approved demolition scope, and organized the signing and implementation of the compensation and resettlement agreement.

Thirteenth 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 the demolition business.

Fourteenth housing demolition management departments should strengthen the management of demolition units. Demolition units shall implement the system of open government affairs and accept supervision by the masses.

If the demolisher dismantles himself or entrusts a qualified demolition unit to demolish, the staff engaged in house demolition must go through the professional training of the house demolition management department and obtain the demolition qualification certificate before engaging in the house demolition work. The house demolition management department shall strengthen the management of the demolition staff, and the specific measures shall be formulated separately by the municipal house demolition management department.

Fifteenth house demolition management departments should strengthen the management of the house demolition market, and the demolition should entrust the demolition units with good social reputation and strong service awareness to carry out the demolition. Housing demolition should gradually adopt the bidding method to determine the demolition unit, and the specific measures shall be formulated separately by the municipal housing demolition management department in conjunction with the relevant departments.

Sixteenth after the demolition scope is determined, the house demolition management department shall notify the planning, land, industry and commerce, construction, public security and other relevant departments in writing to suspend the following relevant procedures:

(1) Building, expanding and rebuilding houses;

(2) Changing the use of houses and land;

(3) Selling, renting, donating, mortgaging or pawning houses;

(4) Production and household analysis;

(5) Issuing business licenses for industry and commerce.

The written notice of suspension shall specify the suspension period. 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.

During the suspension of the above-mentioned relevant procedures, no unit or individual may carry out the suspension activities specified in the first paragraph of this article without authorization.

Seventeenth demolition and demolition shall, in accordance with the provisions of these measures, conclude a demolition compensation and resettlement agreement on the way and amount of compensation, the location, area and grade of resettlement houses, the relocation period, the relocation transition mode and transition period.

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

Eighteenth houses to be demolished in any of the following circumstances, the demolition of compensation and resettlement program, submitted to the housing demolition management department for examination and approval and to the notary office for evidence preservation, before the implementation of the demolition:

Property rights are unclear or controversial;

(two) the whereabouts of the property owner is unknown.

If the house to be demolished is managed by the real estate management department, the demolition compensation and resettlement agreement must be notarized by a notary office, and the evidence shall be preserved.

Nineteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolition person or lessee refuses to move within 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.

Twentieth 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 days from the date of accepting the application.

If the number of households or the proportion of households who have not reached the demolition compensation and resettlement agreement is high, the house demolition management department shall hold a hearing before accepting the application for adjudication.

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 21 If the demolished person or lessee fails to relocate within the relocation period stipulated in the ruling, the Municipal People's Government 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.

Before applying for compulsory administrative demolition, the administrative department of house demolition shall invite relevant administrative departments, representatives of the demolition parties and representatives with social credibility to hold a hearing on the basis, procedures and calculation basis of compensation and resettlement standards for compulsory administrative demolition.

Housing demolition management department to apply for administrative compulsory demolition, must be decided by the department responsible for collective discussion, can apply to the government for administrative compulsory demolition. Without an administrative ruling, administrative compulsory demolition shall not be carried out.

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.

Twenty-second hearing methods and ruling methods shall be formulated separately by the municipal housing demolition management department according to the relevant provisions of the higher authorities.

Twenty-third demolition involves military facilities, churches, temples and cultural relics, in accordance with the provisions of relevant laws and regulations.

Demolition of primary and secondary school buildings or kindergartens shall be approved by the administrative department of education, and new school buildings and kindergartens shall be built according to the planning requirements. The house demolition management department shall, jointly with the administrative department of education, properly arrange students' enrollment.

Twenty-fourth has not yet completed the transfer of demolition compensation and resettlement projects, should be approved by the housing demolition management department, the original demolition compensation and resettlement agreement related rights and obligations will be transferred to the assignee. The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, notify the demolished person in writing and make an announcement.

Twenty-fifth house demolition shall be undertaken by the enterprise holding the qualification certificate of the professional contracting enterprise of demolition project issued by the construction administrative department at or above the provincial level, and the demolition plan shall be prepared, and the person in charge of the construction enterprise shall be responsible for safety.

Twenty-sixth housing demolition management departments should establish and improve the demolition file management system, strengthen the management of demolition files. Demolition units must properly sort out and keep the demolition files in accordance with the requirements of accuracy, completeness and standardization.

Twenty-seventh demolition and demolition units shall, within 15 days after the demolition of all houses in the demolition project, file with the house demolition management department.

Chapter III Compensation and Resettlement for Demolition

Twenty-eighth people should be taken in accordance with the provisions of these measures, to be taken to compensate.

Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; Demolition of temporary buildings that have not exceeded the approved period shall be compensated according to the service life of temporary buildings and the replacement price.

Twenty-ninth demolition compensation has two ways (1) monetary compensation, (2) house property rights exchange.

In addition to the provisions of the second paragraph of article thirty-third, article thirty-fourth, the demolition can choose the demolition compensation.

Thirtieth the amount of monetary compensation, according to the location, use, construction area and other factors of the demolished house, determined by the real estate market evaluation price. The evaluation of the real estate market price of the demolished houses shall comply with the provisions of Chapter IV of these Measures.

Thirty-first the implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of Article 30 of these measures, calculate the amount of compensation for the demolition of housing and the price of housing exchange, and settle the price difference of property rights exchange.

Houses provided by residents for resettlement shall meet the national quality and safety standards. Resettlement in different places shall be arranged at one time. For houses with property rights exchange, the demolisher shall provide all the information needed for handling property rights.

Thirty-second people to buy the house price is equivalent to the amount of compensation for the house to be demolished, with the demolition compensation and resettlement agreement and other relevant certificates, the tax collection and management department shall be exempted from deed tax.