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

Article 1 These Detailed Rules (hereinafter referred to as the Detailed Rules) are formulated in order to implement the Measures for Demolition and Resettlement of Urban Construction in Nanchang (for Trial Implementation) and properly handle specific problems in demolition and resettlement.

Article 2 The demolition of all kinds of houses and other things that must be demolished in the new construction, reconstruction and expansion projects within the urban planning scope of our city shall be handled in accordance with these rules.

Article 3 The demolition and resettlement work shall be organized and implemented by the District People's Government under the leadership of the Municipal People's Government in accordance with the principle of unified leadership and unified demolition, with the specific management of the housing management departments at all levels and the close cooperation of all relevant departments.

Article 4 When a construction unit needs to demolish a house due to construction, it shall apply to the Municipal Real Estate Management Bureau for entrusted demolition with the approval of the construction project, the red line map of construction land planning approved by the urban construction planning department and the land use documents approved by the land management department. City real estate management bureau issued a demolition task book to the district real estate management bureau after the audit.

According to the demolition task book, the District Real Estate Management Bureau undertakes the investigation of the number of relocated households, permanent population, housing area, housing property rights and uses, formulates the compensation scheme for demolition and resettlement, reports to the Municipal Real Estate Management Bureau for issuing the House Demolition Certificate, and then signs contracts with the construction unit and the relocated households respectively to organize the implementation. The construction unit shall not discuss the demolition with the relocated households without authorization.

Without the House Demolition Certificate, the urban construction planning department and the construction management department do not apply for the building permit and construction permit, and the bank has the right to refuse to pay the project payment, and the house will not be demolished.

Article 5 When the construction unit applies for entrusted demolition, it shall prepay a certain amount of agency fees through consultation between both parties, and settle accounts according to the facts after demolition.

Sixth after the signing of the demolition contract, the District Housing Authority is responsible for collecting all the warrants, use certificates and land use certificates of the demolished houses and sending them to the relevant departments for cancellation.

Seventh in the scope of demolition, the demolition of housing ownership certificates or permanent residence consistent with the current residence and confirmed by the housing management department of the legal lease relationship, owned by the demolition, compensation and resettlement by the construction unit.

Do not meet the above requirements, do not belong to the relocated households, no resettlement compensation.

Eighth city public housing demolition, the demolition of people in the original demolition of houses or nearby resettlement. In principle, according to the number of houses to be demolished, the housing will be resettled according to the ratio of 1: 1, and the resettlement housing area can be increased by 30% when moving from the old city to the new suburban area.

If there is no separate balcony, kitchen and bathroom in the original housing of the relocated households, the kitchen, bathroom and balcony designed according to the prescribed standards in the newly resettled housing may not be calculated.

Ninth demolition of public housing and urban private housing, the original owner of the request to retain property rights, according to the replacement price and the color of the old and new housing settlement price difference. The part of the new house that is larger than the old house and smaller than a natural compartment shall be purchased by the original owner according to the cost of the new house, and the part of the new house that is larger than the old house and exceeds a natural compartment shall be purchased by the original owner according to the price of the new house and commercial house. If the old house is larger than the new house, the owner shall be compensated according to the full replacement price of the old house, and appropriate economic rewards shall be given.

If the original property owner asks for resettlement without retaining the property right, the resettlement shall be handled according to Article 8 of these Rules, and the house demolition shall be compensated according to the compensation price combined with the fineness.

The compensation fee and resettlement area are evaluated by the evaluation team composed of the Municipal Construction Committee, the Municipal Housing Authority, the construction unit and the demolition unit.

The housing management department removes public houses or houses with public welfare nature, retains the property rights of new houses, and does not make up the price difference. The construction unit will no longer compensate the original houses for discount.

Tenth demolition of private houses rented by urban residents, the original owners and users are treated as follows:

If the property right is retained, and the conditions for terminating the contract are not met, the original lease relationship between the original owner and the original user shall be maintained.

If the property right is not retained, the original owner will live in public houses elsewhere, and if the house is demolished or rented or uninhabited for a long time, it will be purchased at a fixed price in principle and will not be resettled. The construction unit shall, as appropriate, resettle the original users who have nowhere to live.

Eleventh housing management departments to dismantle the direct management of public houses, the original residents in accordance with the provisions of the demolition and resettlement, to give up the resettlement requirements or less housing, the housing management department audit, to give users economic incentives. More resettlement housing shall be handled in accordance with the first paragraph of Article 9 of these Rules.

Twelfth demolition of farmers' private houses, the construction unit according to the area and quality of the original old house to pay the relocation fee and material compensation fee. For urban residents who have been legally leased, priority will be given to those who have a work unit, and those who have no unit or unconditional resettlement will be resettled by the construction unit.

Thirteenth temporary transition households, according to the following methods to give the transition fee.

First, the relocated households ask for the transitional housing, and the construction unit pays the transitional fee to the relocated households.

Two, the relocation of households by the unit to arrange temporary transition, the construction unit in accordance with the provisions of the relocation of households to pay the unit transition fee.

Three, the relocation of households by the construction unit to arrange the transition, do not enjoy the transition fee, and pay rent to the construction unit.

If the owner of the private house retains the property right, the construction unit shall arrange the transition without paying the rent.

Article 14 The relocated households will move by themselves and the means of transportation will solve it by themselves. One-time resettlement fee, one-time moving fee, temporary transition fee and two-time moving fee.

Fifteenth relocated households to participate in the demolition meeting and move to occupy working hours, the demolition department issued a certificate, the unit to give five days off, wages paid as usual, does not affect the evaluation and reward.

Article 16 For the demolition of various non-residential houses, the construction unit shall return the houses locally or nearby according to the original construction area of 1: 1, and the compensation method shall be handled with reference to Article 9 of these Detailed Rules. If the new house is larger than the old one, the original owner shall purchase it according to the price of the commercial house, and the legal lease relationship between the original owner and the original user shall be maintained without the conditions for terminating the contract.

Seventeenth demolition of non residential housing can not be moved to the nearest construction, approved by the urban construction planning department and the land management department, by the demolition unit to rebuild, the construction unit to bear the following costs.

First, the original area, original structure and original quality of the demolished buildings and structures are converted into the project cost according to the replacement full price combined with color.

Second, the original area of land relocation costs.

During the period of relocation and construction, the cost of expanding the area and improving the building standards shall be borne by the demolished units, and the demolished houses shall go through the relevant procedures for the verification of fixed assets.

If it is difficult for the demolition unit to move, the conditional construction unit can also negotiate to exchange the house with the same area and quality as the original house.

Eighteenth due to the demolition of non residential housing production, management, rental caused economic losses, according to the following methods.

First, the demolition of housing property belongs to the demolition unit or self-employed, in the transition period can not solve the business, production site, by the construction unit to give compensation.

Two, the demolition of state administrative organs, mass organizations and institutions funded by the government, not to give transitional compensation.

Three, the demolition of housing management departments, the construction unit to pay the rent during the transition period.

Article 19 The demolition of foreigners' houses, churches, temples and cultural relics shall be made by the construction unit in contact with the competent government departments, and after approval, compensation shall be given in strict accordance with the relevant provisions of the state.

Demolition of urban infrastructure, public facilities or other facilities, approved by the urban construction department, shall be built by the construction unit according to the original function and scale of the facilities.

Trees, green spaces and other growth objects within the scope of demolition should be preserved as much as possible. Can not be retained, approved by the landscaping management department, by the construction unit according to the planning designated location to be replanted or compensated.

Twentieth construction units or demolition departments in addition to the above provisions for resettlement compensation, shall not charge other fees in any form, or bear other unreasonable expenses.

Illegal buildings or temporary buildings marked free of charge in the building permit shall be removed free of charge.

Twenty-first demolition disputes shall be mediated or arbitrated by the municipal real estate arbitration institution. Before the establishment of a real estate arbitration institution in our city, the Municipal Real Estate Management Bureau shall be responsible for mediation or adjudication.

Both parties to the demolition must implement the time limit for arbitration or ruling and move on schedule. Refuses to implement, the arbitration institution shall report to the people's government for compulsory removal.

If both parties to the demolition are dissatisfied with the arbitration or settlement of resettlement or compensation, they shall bring a lawsuit to the court within 15 days from the date of receiving the arbitration or settlement decision. If no prosecution is brought within the time limit, the arbitration or handling decision will become legally effective.

Twenty-second in the demolition and resettlement of the parties concerned do not perform the demolition agreement or ruling, causing economic losses to the other party, the party who suffered losses has the right to bring a lawsuit to the people's court.

Article 23 In the process of demolition and resettlement, if the staff of the construction unit and the demolition department and the demolished person violate these rules, depending on the seriousness of the case, the competent department shall give criticism and administrative sanctions, and those who violate the criminal law shall be investigated for criminal responsibility according to law.

Twenty-fourth the charging standards of these rules shall be adjusted once a year by the Municipal Real Estate Administration in conjunction with the Municipal Price Department.

City Housing Authority shall effectively supervise the implementation of these rules.

Twenty-fifth municipal public utilities construction project relocation compensation, according to the provisions.

Twenty-sixth these rules shall come into force as of the date of promulgation, and the right of interpretation belongs to Nanchang Urban and Rural Construction Committee.

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