Urgent demand: compensation standard for urban housing demolition in Chongqing (latest)

Regulations of Chongqing Municipality on the Administration of Urban House Demolition (revised in 2003)

(1The 15th meeting of the Standing Committee of the First Chongqing Municipal People's Congress on March 26th, 999 was revised at the 42nd meeting of the Standing Committee of the First Chongqing Municipal People's Congress on September 25th, 2002 and revised at the 3rd meeting of the Standing Committee of the Second Chongqing Municipal People's Congress on May 29th, 2003)

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.

Relevant information: administrative regulations *** 1.

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 dismantlers, demolished persons and house lessees.

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

Demolition refers to the owner of the demolished house 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.

Related information: related cases *** 1.

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.

The administrative departments of house demolition determined by the people's governments of counties (autonomous counties and cities) shall be in charge of urban house demolition 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.

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

Chapter II Demolition Management

The main responsibilities of the seventh city housing demolition management department to manage the demolition work are:

(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) the main responsibilities of the administrative department of housing demolition management are:

(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 house demolition management department of the county (autonomous county or city) where the house to be demolished is located, and suspend the relevant procedures.

After receiving the application of the construction unit (hereinafter referred to as the demolition applicant) to suspend the relevant formalities, the competent department of house demolition of counties (autonomous counties and cities) shall conduct a timely review and issue a notice of suspension of the relevant formalities to the local land, planning, municipal and industrial and commercial administrative departments within seven working days from the date of receiving the application; If it does not meet the requirements, it shall make a written decision not to accept it within seven working days from the date of accepting the application.

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 period of validity of the notice of suspension of relevant formalities shall not exceed one year; Special circumstances require an extension, which shall be approved by the administrative department in charge of house demolition that issued the Notice of Suspension of Relevant Procedures, and the extension period shall not exceed one year.

Ninth because of the need to remove urban housing construction, and need compensation and resettlement, must obtain the housing demolition permit issued by the housing demolition management department.

Cross-regional, county (autonomous county, city) construction projects, housing demolition permits issued by the municipal housing demolition management department; In the main urban area, the demolition project with a housing area of 1 10,000 square meters or more shall be examined by the district housing demolition administrative department where the house to be demolished is located, and the demolition permit shall be issued.

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 not less than 70% of the total funds required for demolition compensation and resettlement, to the district/county (autonomous county, city) housing demolition administrative departments to apply for demolition.

For the renovation project of state-owned land reserve, the demolition applicant shall submit the demolition application to the administrative department of house demolition in the county (autonomous county, city) with the approval of land reserve, planning red line, demolition plan and compensation and resettlement plan, and the special fund certificate issued by the financial institution handling deposit business that is not less than 70% of the total funds required for demolition and resettlement.

(II) The administrative department in charge of house demolition shall issue the house demolition permit within 10 working days from the date of receiving the application for house demolition, and the administrative department in charge of house demolition of counties (autonomous counties and cities) shall, within 5 working days from the date of issuing the house demolition permit, announce the demolition content and scope, and determine the compensation and resettlement method, relocation period, land demolition 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 five 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 three months of the implementation of the demolition, the house demolition permit shall automatically expire, except for the need to postpone the demolition 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 15 days from the date of signing the entrustment demolition contract, report the entrustment demolition contract to the house demolition management department that approved the demolition for the record.

The entrusted demolition unit shall not transfer the demolition business.

The administrative department in charge of house demolition shall not accept the entrustment of demolition.

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. Due to special circumstances, it is necessary to extend the demolition period or stop the demolition, and the demolition shall apply to the house demolition management department fifteen days before the expiration of the land demolition period; The administrative department in charge of house demolition shall give a written reply within ten working days from the date of accepting the application. If it is really necessary to extend the period of land demolition, the extension period shall not exceed three 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 house demolition management department 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 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 management 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 housing demolition management department, for land use, planning and housing demolition change 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 district, county (autonomous county, city) housing demolition administrative departments should strengthen the supervision of the use of demolition compensation and resettlement funds.

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 housing demolition administrative departments have the right to inspect the housing 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.

Related information: related cases *** 1.

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 of the timely sorting and safekeeping of demolition files, within three months after the completion of the demolition, to the county (autonomous county, city) housing demolition administrative 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, the amount of monetary compensation, according to the demolition of housing location, use, construction area or interior 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 management 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 17 of these regulations.

The amount of compensation for house demolition shall not be less than 70% of the average transaction price of new 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; If it cannot be removed or loses its use value after removal, appropriate compensation shall be given.

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. Houses with property rights exchange shall be purchased by the original lessee first, and the demolished person shall re-sign the house lease contract with the original 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 housing demolition management department, the demolition person shall put forward a compensation and resettlement plan and report it to the housing demolition management department for approval before implementing the demolition. The administrative department in charge of house demolition shall organize the demolisher to survey and record the demolished house before the demolition, 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 management department, the demolition shall be carried out with reference to the provisions of Article 34 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 debtor 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 carry out transitional resettlement, should be approved by the demolition, and reported to the county (autonomous county, city) housing demolition administrative departments for approval. The demolition compensation and resettlement agreement shall specify the transition mode and transition period, and the approved housing demolition management departments of counties (autonomous counties and cities) shall be responsible for supervising the 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.

Related information: Ministry regulations *** 1

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 construction area of the original demolished house and the length of the transition period, and the economic loss subsidy shall be distributed by the dismantler and the house user 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 room, the demolished person or lessee shall not refuse to move into the resettlement house when it expires, and must vacate the revolving room.

Forty-fourth due to the responsibility of the demolition, the demolition transition period is extended. From the overdue date, the demolisher shall pay the temporary resettlement subsidy or economic loss subsidy according to 100% of the original standard; For those who are taken to provide temporary revolving houses, temporary resettlement subsidies or economic loss subsidies shall be paid according to 50% of the original standard from the date of overdue.

Chapter V Legal Liability

Forty-fifth without the consent of the housing demolition management department, the transfer of construction projects with demolition compensation and resettlement tasks, the housing demolition management department shall order it to make corrections within a time limit, and may be fined not less than twenty thousand yuan but not more than fifty thousand yuan; If the land use and planning change procedures have been handled, the land use and planning change procedures 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 housing demolition management department 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 urban house demolition management department, 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; If the case constitutes a crime, it shall be dealt with by judicial organs according to law.

Related information: Constitution *** 1

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.