Compensation for Housing Demolition of Shanghai Three Gorges Immigrants

2065438+2008 Detailed Rules for the Implementation of Urban House Demolition Management in Chongqing, and the compensation standard for house demolition stipulates that

Chapter I General Provisions

Article 1 In order to strengthen the management of urban house demolition, ensure the smooth progress of urban construction, and protect the legitimate rights and interests of demolition people, these Regulations are formulated in accordance with the relevant laws and administrative regulations of the state and combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to the demolition of houses and their attachments due to urban construction on state-owned land within urban planning areas.

Article 3 The term "demolisher" as mentioned in these Regulations refers to the construction unit or individual who has obtained the house demolition permit.

The term "demolished person" as mentioned in these Regulations refers to the owner and user of the demolished house and its appendages.

Article 4 Urban house demolition shall follow the following principles:

(a) to meet the needs of urban planning and construction;

(two) taking into account the interests of the state, the collective and the individual;

(3) the combination of "demolishing one and returning another" and improving living conditions;

(four) to protect the ownership and use right of the house according to law;

(five) according to the law to be taken compensation and resettlement;

(six) the demolition of people to complete the relocation on schedule and enjoy compensation and resettlement in accordance with the provisions of this Ordinance.

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.

District, county (city) people's government to determine the housing units in charge of the administrative area of urban housing units.

Article 6 The people's governments of cities, districts and counties (cities) shall strengthen their leadership in the work of urban house demolition and reward units or individuals that have made outstanding contributions in the work of urban house demolition.

City and district, county (city) people's government construction, land, planning, public security, municipal administration, industry and commerce and other relevant departments and sub-district offices shall actively cooperate with and assist the competent department of housing demolition to do a good job in compensation and resettlement for housing demolition.

Chapter II Demolition Management

The main responsibilities of the seventh city housing demolition department are:

(a) to implement the laws, regulations, rules and policies of the state and this Municipality on the management of urban housing demolition;

(two) responsible for the qualification examination and personnel training of the clients of house demolition, and issue the qualification certificate of house demolition;

(three) to develop housing evaluation standards;

(four) the examination and approval of housing demolition plan and compensation and resettlement plan, the issuance of housing demolition permits, housing demolition announcement;

(five) supervision and inspection of housing demolition activities;

(six) ruling on disputes over compensation and resettlement for house demolition;

(seven) in accordance with the provisions of this Ordinance, the implementation of compulsory demolition or apply to the people's court for compulsory demolition;

(eight) to correct the inappropriate administrative acts of the lower authorities in charge of demolition;

(nine) to punish acts in violation of these regulations.

The main responsibilities of the district and county (city) housing demolition departments are items (1), (4), (5), (6), (7) and (9) of the preceding paragraph.

The demolition staff shall carry out the demolition according to law, and shall not use threats, intimidation, fraud and other means in the demolition work.

Eighth units or individuals that need to demolish urban houses due to construction must obtain the house demolition permit issued by the competent department of house demolition.

Ninth in any of the following circumstances, the housing demolition permit shall be issued by the municipal housing demolition department:

(a) key construction projects at or above the municipal level and cross-regional and county (city) construction projects;

(two) the demolition of houses with a construction area of more than ten thousand square meters in the main city;

(three) the demolition of houses with a construction area of more than fifteen thousand square meters outside the main city;

(four) the demolition of foreign real estate, military facilities, religious real estate, cultural relics and other projects;

(five) the district and county (city) housing units departments that should be submitted for approval.

Tenth residents can choose their own units with the corresponding housing demolition qualification to carry out the demolition.

If the original land within the scope of demolition is capable of self-demolition, it can be removed by itself with the consent of the competent department of house demolition.

Those who have obtained the corresponding qualification for house demolition can organize the demolition by themselves.

City and district, county (city) housing demolition departments shall not accept the demolition commission.

Article 11 After receiving the application for freezing demolition, the competent department of house demolition shall issue a notice of freezing and notify the local public security dispatching, planning, industry and commerce, municipal administration, construction site, education, post and telecommunications departments to do the following work within the scope of demolition according to the division of responsibilities:

(1) Suspension of household registration and household registration transfer. Except for childbirth, retired soldiers, normal transfer of employees, distribution of college graduates, marriage, etc.

(two) to suspend the sale, exchange, production analysis, division, gift, mortgage, pawn, household, lease, change of use, deployment and other procedures. The house, and shall not be expanded or rebuilt houses (except those identified as dangerous houses);

(3) Suspending the issuance of business licenses. Supervise the removal and relocation of temporary service outlets, kiosks and sheds;

The validity period of the Notice of Freezing House Demolition is six months. Due to special circumstances need to be postponed, must be approved by the competent department of city demolition.

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

(a) the person being demolished shall apply to the competent department of house demolition for demolition with the construction project planning permit, construction land permit, demolition plan and compensation, resettlement plan (including the use function and quality of resettlement houses) and credit certificate;

(2) The competent department of house demolition shall issue the permit for house demolition within 20 days from the date of receiving the application for house demolition, and announce the demolition person, demolition scope, compensation and resettlement plan, relocation period and transition period in the form of house demolition announcement. Do not have the demolition conditions, not to issue housing demolition permits and explain the reasons.

The competent department of house demolition shall listen to the opinions of the people being demolished when reviewing the compensation and resettlement plan for demolition.

The competent department of house demolition shall promptly mobilize the demolition people and do a good job in publicizing and explaining the demolition laws and policies.

Thirteenth within three months from the date of receiving the house demolition permit, the house demolition permit will automatically expire, except for the postponement of the demolition due to force majeure.

Fourteenth relocation period is within two months from the date of the announcement of the demolition, and the land demolition period is within six months from the date of the announcement of the demolition. Special circumstances need to extend the period or stop the demolition, must be approved by the competent department of housing demolition.

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.

After the conclusion of the compensation and resettlement agreement, it can be notarized by a notary office and filed with the competent department of house demolition that approved the demolition.

Demolition of houses managed according to law, after the conclusion of the compensation and resettlement agreement, must be notarized by a notary office, and handle the evidence preservation.

Article 16 If the demolisher and the demolished cannot reach an agreement on the form and amount of compensation, the area and location of the resettlement house, the transition mode and the transition period within the relocation period stipulated in the house demolition announcement, the competent department of house demolition that approved the demolition shall make a ruling. If the person to be taken is the administrative department of real estate of the district or county (city), it shall be decided by the people's government at the same level.

If a party refuses to accept the ruling stipulated in the preceding paragraph, he may bring a lawsuit to the people's court within 15 days from the date of receiving the ruling. Demolition in accordance with the provisions of this Ordinance to resettle the demolition or provide temporary housing turnover, not to stop the implementation of the demolition during the proceedings.

Article 17 In the period of demolition specified in Article 16 of these regulations, if the demolished person refuses to take the demolition within the time limit, the ruling organ shall apply to the people's court for compulsory demolition or the people's government at or above the county level shall instruct the relevant departments to take compulsory demolition.

Eighteenth demolition transfer of construction projects, has not yet completed the demolition compensation and resettlement, the relevant rights and obligations specified in the original demolition agreement shall be transferred to the assignee. The transferor of the project shall notify the demolished person in writing.

Demolition of the transfer of construction projects, should be approved by the competent department of housing demolition, land use, planning and housing demolition change procedures.

Nineteenth laws and regulations on the demolition of foreign-related real estate, military facilities, school real estate, religious real estate, cultural relics and other provisions, in accordance with the relevant laws and regulations.

Twentieth housing units in charge of housing demolition activities for inspection, the inspected must truthfully provide information and materials. Inspectors shall keep technical and commercial secrets for the inspected.

Twenty-first housing demolition parties take up working hours to participate in the demolition mobilization meeting and move, the unit should be given a general holiday. Can not be given a public holiday, the demolition should be given appropriate subsidies.

Twenty-second housing demolition departments should establish and improve the housing demolition archives 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 three months after the completion of the demolition, to the local housing demolition authorities to submit the demolition files.

Chapter III Compensation for Demolition

Twenty-third people should be taken to the demolition of houses and their attachments to all compensation.

Demolition of illegal buildings, temporary buildings exceeding the approved use period and temporary buildings that have been used for more than two years beyond the prescribed use period shall not be compensated; Demolition of temporary buildings that have not exceeded the approved use period shall be compensated in combination with the use time.

Twenty-fourth demolition compensation can be in the form of property rights exchange, pricing compensation or a combination of property rights exchange and pricing compensation.

The form of compensation for the demolition of self-run houses and private houses shall be chosen by the owner of the house to be demolished.

Property right exchange refers to the property right exchange between the demolition person and the owner of the house. Property exchange area is calculated according to the legal construction area specified in the house ownership certificate.

Pricing compensation refers to the compensation paid by the demolisher to the owner of the house in the form of monetary settlement according to the value of the house. The amount of pricing compensation shall be merged into a new settlement according to the replacement price of the legal construction area specified in the ownership certificate of the demolished house.

The combination of property right exchange and pricing compensation refers to the form of compensation for house owners in demolition, some of which adopt property right exchange and some adopt pricing compensation.

Twenty-fifth demolition of public housing and schools, hospitals, public housing and its attachments, the demolition should be in accordance with the nature of the original building, the original scale (property rights exchange, mutual settlement price difference. The same below), or according to the replacement price compensation, or by the city, district, county (city) people's government in accordance with the overall urban planning arrangements for reconstruction.

Twenty-sixth demolition of non-public housing accessories do not make property rights exchange, by the demolition of people according to the replacement price combined into a new compensation.

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

Article 27 The demolition of religions, temples and Taoist temples shall be handled in accordance with the provisions of Article 25 of these Regulations.

Demolition of other houses of religious groups shall be settled through consultation between residents and relevant religious groups. If negotiation fails, it shall be decided by the competent department of house demolition or the people's government at the same level. Refuses to accept the ruling, according to the provisions of the second paragraph of article sixteenth of this ordinance.

Twenty-eighth residential housing demolition in the demolition scope or nearby in the form of property rights exchange compensation, the actual repayment of the construction area is equal to the original demolition of housing construction area, according to the construction and installation project cost settlement; More than or less than the original demolition of housing construction area of the part according to the housing comprehensive cost settlement.

Twenty-ninth non-residential houses within the scope of demolition or relocation or compensation in the form of property rights exchange nearby, the actual repayment of the construction area is equal to the original demolition of housing construction area, according to the construction and installation project cost settlement; More or less than the original demolition of housing construction area of the part according to the commercial housing price settlement.

Thirtieth demolition of residential houses or non-residential houses from high-priced areas to low-priced areas in the form of property rights exchange for resettlement and compensation, the actual repayment of the construction area is equal to the original demolition of housing construction area, according to the construction and installation project cost settlement; The part exceeding or less than the original house is settled according to the comprehensive cost of the house. To undertake the increase of the area according to the provisions of Item (2) and Item (3) of Paragraph 1 of Article 41 and Item (1) and Item (2) of Article 42 of this Ordinance, the demolisher or the owner of the house shall not charge the user of the house the over-area resettlement fee, and the owner of the house and the demolisher shall not settle accounts.

Thirty-first demolition of rental housing, the original lease relationship will continue. Because the original lease elements have changed, the lease contract should be revised accordingly.

Thirty-second because of the need to dismantle urban infrastructure, it must be dismantled in accordance with the construction plan approved by the competent department of urban planning, and the use function will be restored and improved free of charge. Where laws and regulations provide otherwise, such provisions shall prevail.

Thirty-third 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 should put forward a compensation and resettlement plan and report it to the competent department of house demolition for approval before the demolition can be implemented. 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-fourth demolition of houses without collateral for 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 33 of these regulations.

Compensation for the demolition of a fixed-price house without mortgage can only be given after the mortgagee and mortgagor re-establish collateral or the mortgagor pays off the debt.

Chapter IV Demolition and Resettlement

Thirty-fifth housing demolition notice before the release of one of the following conditions, for the demolition and resettlement object:

(a) private housing owners who hold housing ownership certificates and land use certificates;

(two) units and individuals holding public housing use contracts;

(three) the unit holding the house ownership certificate and the land use right certificate.

If a private house is rented before the announcement of house demolition, the owner of the private house will be resettled according to the leasing association after resettlement.

Thirty-sixth demolition resettlement can take the form of monetary resettlement, existing housing resettlement or the combination of monetary resettlement and existing housing resettlement. If the resettlement housing cannot be solved at one time, the transition mode and transition period shall be clearly defined in the demolition and resettlement agreement.

Thirty-seventh private housing owners choose monetary resettlement, the demolition should be supported, and signed a monetary resettlement agreement with the private housing owners, a one-time settlement of monetary resettlement funds.

Public housing users choose monetary resettlement, subject to the consent of the housing owner. Users of public housing should pay the price stipulated in the policy of purchasing public housing to the housing owners.

The standard of monetary resettlement amount should be determined according to the nature of the house to be demolished, the average selling price of commercial housing in similar areas, the area of resettlement housing and other factors.

Thirty-eighth demolition and resettlement sites, should be based on the requirements of urban planning, the nature of construction projects and the characteristics of resettlement objects, in the original demolition scope or nearby or off-site resettlement. Belonging to urban infrastructure construction or land consolidation projects determined by the government, resettlement in different places shall be implemented.

Where the resettlement object requires one-time resettlement, the demolisher shall provide existing homes for resettlement; If the new project is non-residential, the original residential part should be placed in a one-time existing house in a different place.

Thirty-ninth in the original demolition within the scope of resettlement, the demolition should first build resettlement houses or resettlement.

Residential resettlement houses must meet the basic requirements and quality standards of the national design code for ordinary civil houses.

Fortieth demolition resettlement object, not to pool area to offset the housing area.

Residential housing demolition and resettlement should be open, giving priority to those who move first. The first person to be relocated should give priority to the resettlement floor and orientation under the same huxing conditions.

Forty-first demolition of residential houses, the demolition should be combined with the natural shed, according to the following provisions to complete the housing placement:

(a) within the scope of demolition or resettlement with new houses nearby, according to the original living area;

(two) outside the scope of demolition or nearby resettlement of old houses, should increase the living area;

(three) from the high-priced housing area to the low-priced housing area, the living area should be increased; Where old houses are used for resettlement, the living area should be increased accordingly.

Forty-second demolition of non-residential housing, the demolition should be based on the housing situation, in accordance with the following provisions:

(a) within or near the original demolition of new houses, according to the original housing construction area; Resettlement with old houses to increase the construction area;

(two) from high-priced housing areas to low-priced housing areas with the construction of new houses, it should increase the construction area; With the resettlement of old houses, the construction area should be increased accordingly;

(three) for the original non-residential business alone, the existing hall-style, cabinet-style and bent-frame houses should be placed in the original demolition scope, and the construction area should be increased; The increased construction area shall be settled according to the comprehensive cost stipulated by the government.

Forty-third of the resettlement object paid resettlement, according to the following provisions:

(1) The actual resettlement living area is reduced or increased by less than one square meter (including one square meter) compared with the resettlement living area due to the reasons of apartment type, and there is no mutual settlement. If the area is increased by more than one square meter, the resettlement object shall pay the over-area resettlement fee to the house owner according to the construction and installation project cost;

(two) the resettlement area of the resettlement object shall not be lower than the living area standard stipulated by the Municipal People's government. If the actual resettlement living area exceeds the original demolition living area, the resettlement object shall pay the over-area resettlement fee to the housing owner according to the comprehensive housing cost.

If the resettlement object belongs to the user of public housing, if the over-area resettlement fee is paid in accordance with the provisions of the preceding paragraph, the over-area resettlement part shall be exempted from paying rent during the lease period and deducted from the purchase price at the time of purchase.

Forty-fourth demolition of public housing users resettlement rights, with the consent of the owner of the house, can be transferred in accordance with the relevant provisions.

Chapter V Demolition Transition and Subsidies

Forty-fifth residential users to move, the demolition should pay moving subsidies; If the non-residential users are relocated, the residents shall pay the relocation subsidy.

In the relocation period stipulated in the demolition notice, the demolition should be given an early relocation incentive fee.

Forty-sixth people can not be taken to solve the housing users of the resettlement housing, it should provide temporary turnover housing or encourage the temporary transition of housing users. The transition period shall be calculated according to the following provisions from the date of relocation:

(a) the demolition of housing construction area of less than ten thousand square meters, the transition period shall not exceed two years;

(two) the demolition of housing construction area of ten thousand square meters and twenty thousand square meters, the transition period shall not exceed three years;

(three) the demolition of housing construction area of more than twenty thousand square meters, can be removed by stages.

Special circumstances need to extend the transition period, it shall be approved by the competent department of housing demolition, and the extension period shall not exceed one year.

Forty-seventh 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.

Forty-eighth within the prescribed transition period, the demolition of non-residential temporary turnover housing is calculated according to the demolition construction area, and no economic loss subsidy is paid.

Demolition of production and operation of non-residential housing, within the prescribed transition period, due to the demolition of temporary turnover housing caused by the suspension of production, business, by the demolition of the original demolition of housing construction area and the length of the transition period, a one-time payment of economic loss subsidies. Economic loss subsidies shall be distributed through consultation between the owners and the users of the houses.

Forty-ninth 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 user of the house shall not refuse to move into the resettlement house when it expires, and must vacate the revolving house.

Fiftieth due to the responsibility of the demolition, self transition demolition beyond 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. Additional economic loss subsidies shall be allocated by the owners and the users of the house through consultation.

Fifty-first due to the demolition responsibility, property rights exchange of public housing owners can not repay, housing owners should pay the rent loss of the original house on a monthly basis from the date of overdue.

Chapter VI Legal Liability

Fifty-second demolition in violation of the provisions of this Ordinance, one of the following acts, shall be given a warning by the competent department of housing demolition, ordered to stop the demolition or make corrections within a time limit, and may impose a fine of not less than five thousand yuan but not more than twenty thousand yuan:

(a) without obtaining the permit for house demolition or not according to the provisions of the permit for house demolition;

(two) commissioned without obtaining the qualification certificate of housing demolition units;

(3) raising or lowering the standard of compensation and resettlement without authorization, and expanding or narrowing the scope of compensation and resettlement.

Fifty-third demolition over the prescribed transition period or extend the transition period without authorization, given a warning by the competent department of housing demolition, ordered deadline for resettlement, and may impose a fine of 5000 yuan to 30000 yuan.

Fifty-fourth in violation of the provisions of the second paragraph of the eighteenth paragraph of this Ordinance, the transfer of construction projects, land use and planning change procedures are invalid, the housing demolition department shall order it to make corrections within a time limit and impose a fine of more than twenty thousand yuan and fifty thousand yuan.

Fifty-fifth people who are not required to submit the demolition files shall be given a warning by the competent department of housing demolition, ordered to make corrections within a time limit, and may be fined between two thousand yuan and five thousand yuan.

Article 56 Where a demolisher, in violation of the provisions of the second paragraph of Article 39 of these regulations, uses a house that does not meet the basic requirements and quality standards of the national design code for ordinary civil houses to resettle the demolished person, the house demolition department shall order him to make rectification within a time limit or move within a time limit, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.

Article 57 If the user of the demolished house violates the agreement and refuses to move or vacate the revolving house or detain the house on schedule, the house demolition department shall give it a warning, order it to move within a time limit or return the revolving house or detain the house, and may impose a fine of more than 1,000 yuan and less than 3,000 yuan; Refusing to move or return within the time limit, the competent department of house demolition at the county level shall forcibly move out or apply to the people's court for compulsory move out.

Demolition units that violate the provisions of the preceding paragraph may be given administrative sanctions by their higher authorities or relevant departments against the persons in charge and other directly responsible personnel of the demolition units according to law.

Fifty-eighth 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 neither applies for reconsideration nor brings a suit in a people's court within the time limit, nor complies with the decision on punishment, the organ that made the decision on punishment shall apply to the people's court for compulsory execution.

Fifty-ninth insult, assault housing demolition staff, hinder the housing demolition staff to perform official duties, the public security organs shall be punished in accordance with the relevant provisions of the "Regulations of the people's Republic of China on administrative penalties for public security"; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Article 60 If the person in charge of the house demolition department and the demolition staff neglect their duties, abuse their powers, engage in malpractices for selfish ends or accept bribes, they shall be given administrative sanctions by their units or the competent department at a higher level and the supervisory organ; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Chapter VII Supplementary Provisions

Article 61 The main urban areas mentioned in these Regulations refer to Yuzhong District, Jiangbei District, Shapingba District, Yubei District, Nan 'an District, Jiulongpo District, dadukou district, Banan District and Beibei District.

Article 62 The standards for expenses, resettlement and subsidies involved in these Regulations shall be formulated separately by the Municipal People's Government.

Sixty-third fund-raising cooperative housing demolition resettlement and fund-raising programs shall be handled in accordance with the provisions of the municipal, district and county (city) people's government and the fund-raising resettlement program approved by the housing system reform office at the same level.

Article 64 The demolition management of urban immigrant houses in the Three Gorges reservoir area shall be implemented in accordance with the Regulations on the Construction of Immigrants in the Three Gorges Project of the Yangtze River, and these Regulations shall not apply.

Article 65 The Municipal People's Government shall be responsible for the interpretation of specific issues in the application of these Regulations.

Article 66 These Regulations shall come into force as of May 2009 1999.

Projects that have been demolished before the entry into force of these regulations shall be implemented in accordance with the provisions of the original regulations.