Related contents of demolition in Luannan, Tangshan

Interim Provisions on Rural "Flat to Flat" in Luannan County

Chapter I General Provisions

Article 1 In order to speed up the process of urbanization, improve the living conditions of urban villages (residents), intensively use land and beautify the city, these Interim Provisions are formulated in accordance with the provisions of relevant laws and regulations and the actual situation of our county.

Article 2 The term "flat to flat" as mentioned in these Interim Provisions refers to the act of transforming low-rise houses, mainly bungalows, into multi-storey and high-rise houses through the introduction of real estate development enterprises, and selling the rest to the society after the transformation, except for resettling villagers and providing storefronts or other facilities for village collective economic organizations.

It is not allowed to build a house below three floors, let alone a villa.

Article 3 These Interim Provisions shall apply to the renovation of villages in urban planning areas and the renovation of buildings on state-owned land within the scope of village renovation.

Article 4 Flat-to-flat houses should adhere to the principles of orderly, open and transparent operation according to law, adopt the methods of unified planning, piecemeal transformation, comprehensive development and step-by-step implementation, fully mobilize the enthusiasm of all parties, protect the legitimate rights and interests of village collective economic organizations and villagers (residents) according to law, and give overall consideration to the interests of the state, collectives, individuals and development enterprises.

Fifth county government unified leadership level reconstruction. County construction, land resources, development and reform, finance, urban management, environmental protection, public security, civil air defense and other departments and relevant town governments and sub-district offices shall do a good job in the related work of flat housing reform within their respective functions and duties.

Chapter II Conditions and Procedures for Flat-to-Flat Housing Reform

Article 6 A plane building must meet the following basic conditions:

1. conforms to the overall planning and detailed planning of Luannan County.

(2) The existing construction land shall be reconstructed, and cultivated land shall not be occupied. The scope of transformation can be the whole village site or a part of the village site. A transformation scale should generally be more than 3 hectares.

3. The number of families who agree to change the building height within the scope of renovation has reached more than two thirds of the total number of families.

The four village-level leading bodies are strong, which can ensure the normal progress of flat-to-straight construction.

Seventh housing reform work procedures

1. Declaration

1, the village committee held various forms of meetings such as village groups and villagers' representatives to form an application for flat reform;

2, submitted to the town government for review;

3, the town government for examination and approval, submitted to the county government for approval;

4, the county government approved the opinions put forward by the relevant departments;

5, the relevant departments put forward opinions, the county government held a special meeting to determine the annual flat to build a house plan, approved the village application.

Second, attract investment.

1. Under the leadership of the town government, the village committee organized investment promotion. On the premise of meeting the minimum conditions of the village Committee, a number of (at least one) real estate development units have respectively formulated compensation and resettlement plans for flat to flat demolition;

2, real estate development units to make plans and related technical indicators submitted to the county construction planning department for review;

3, through the construction planning department to review the real estate development units, the "flat to floor demolition compensation and resettlement program" submitted to the village (neighborhood) people to choose. The selection work is organized by the villagers' committee. The village (neighborhood) people's agreement rate on the best scheme should reach the standard stipulated in Item (3) of Article 6 of the Interim Provisions;

When there are urban residents under the jurisdiction of street offices within the scope of transformation, street offices and neighborhood committees should cooperate effectively.

3. Approval

The village committee has formed a flat-to-flat housing reform plan. The main contents include the planning index, total construction area, total area of villagers' self-occupied houses, total area of commercial development houses, sources of funds, implementation steps and completion time. After being audited by the town government, it will be reported to the county government, which will approve the implementation of the flat-to-floor project.

Land requisition (or recovery of state-owned land use rights)

1. After the flat housing project is approved by the county government, the county land and resources bureau will expropriate the collective land as state-owned land according to law. Whether building village (residential) houses, commercial development houses or other houses, the land used will be nationalized.

The compensation and resettlement plan for land requisition shall be formulated by the County Bureau of Land and Resources. The general principle is:

(a) the land acquisition compensation and resettlement fees shall be paid to the relevant village collective economic organizations according to the standard, and then the real estate development unit that won the bid shall bear the expenses separately except for the provisions of the second paragraph of Article 12 of the Interim Provisions. Except for the circumstances listed in Article 9 of the Interim Provisions.

(two) the compensation measures for the attachments on the ground shall be formulated in accordance with the plan of flat to flat agreed by more than two thirds of the villagers (residents) within the scope of transformation.

2. Where the flat reconstruction area involves households on state-owned land, the county land and resources bureau shall, in accordance with the relevant provisions of Article 58 of the Land Management Law of People's Republic of China (PRC) and Article 46 of the Regulations on Land Management of Hebei Province, recover the state-owned land use right, and the compensation for land use right and ground attachments shall be implemented in accordance with the provisions of the Regulations on the Administration of Urban Housing Demolition in the State Council.

5. Land transfer

1. With the approval of the county government, the county land and resources bureau has publicly sold all state-owned land use rights, demolition compensation and resettlement, etc. Through bidding, auction or listing in the reconstruction area. When transferring, bidding shall be conducted according to the open space first, and then preferential policies shall be given according to the provisions of Article 12 of the Interim Provisions.

2, for the successful bidder for land transfer procedures.

6. House demolition

1, house demolition on collective land

The villagers who agree to the "Plan of Compensation and Resettlement for Flat to Flat Demolition" shall sign an agreement with the real estate development unit on compensation and resettlement for demolition. Villagers who do not agree with the compensation and resettlement plan for flat reconstruction and demolition, fail to reach an agreement with the real estate development unit or repent after reaching an agreement, should be strictly implemented in accordance with the provisions of land management laws and regulations, and the county land and resources bureau shall order them to hand over their land according to law and dismantle their houses and other ground attachments within a time limit. Refuse to hand over the land, the county land and resources bureau shall apply to the people's court for compulsory execution.

2. Urban house demolition on state-owned land

Housing demolition of households using state-owned land shall be carried out in accordance with the regulations of the State Council Municipality on the administration of urban housing demolition and other relevant laws and regulations.

7. Construction, construction and acceptance

1, the relevant departments shall go through the pre-construction procedures for the real estate development unit that won the bid.

2. Start construction. Real estate development units and villagers' committees shall carefully organize the implementation of projects in accordance with the planning requirements. County construction, land resources and other departments and the town government should effectively supervise the planning requirements, construction progress, project quality, capital use and completion time. To ensure the smooth implementation of the flat to increase the project.

Step 3 accept

After the completion of all flat-to-floor projects, the county government will organize relevant departments and units to conduct acceptance. The acceptance criteria are:

(1) All villagers (residents) are resettled as planned;

(2) All the original buildings are demolished according to the plan, and the construction is carried out according to the approved planning requirements;

(3) All the preferential policies enjoyed are implemented, and all the fees payable are in place;

(4) Public facilities have been built accordingly, and residents' living facilities have been provided.

Chapter III Construction and Management of Public Service Facilities and Urban Infrastructure

Eighth public service facilities and urban infrastructure must be synchronized with the flat-to-flat housing project planning and construction, to ensure that it is put into use on time. The specific construction project is determined by the construction planning department according to the overall urban planning and the Code for Planning and Design of Urban Residential Areas when the development unit submits the project for approval.

Article 9 When the reconstruction area involves urban road land, the compensation for all kinds of ground attachments (including land compensation if the land is transferred by the state) of the road land shall be borne by the real estate development unit, and the land acquisition fee and road construction fee (including municipal pipelines, lighting, greening, etc.). ) urban roads are borne by finance.

Tenth public service facilities, in addition to the expenses incurred in the establishment of compulsory education schools, shall be borne by real estate development units.

Eleventh residents' committees, property management, cultural and sports activity centers and other non-operating public service facilities directly used by the owners or dedicated to providing services to the owners are owned by all owners; Operating public service facilities, according to the provisions of the state to determine the ownership, ownership belongs to real estate development units, can be transferred.

Chapter IV Preferential Policies for Converting Bungalows into Buildings

Twelfth in line with the interim provisions of the flat housing, real estate development units can enjoy the following preferential policies:

1. Urban infrastructure supporting fee

(1) Village (residents) own houses and replace them with village (residents) shops, which are used for supporting public * * * service facilities for village (residents) own houses, and are free of supporting fees for urban infrastructure;

Village collective economic organizations stores or other housing, urban infrastructure supporting fees charged by 50%;

Village (neighborhood) people built houses outside the housing, urban infrastructure supporting fees charged by 70%;

(4) If shops and other non-public facilities are sold, the supporting fee for urban infrastructure will be charged at 100%, and no preferential treatment will be given;

2. Land transfer fee

Charge 7% based on the reserve price at the time of public bidding, and charge 100% for the part exceeding the reserve price. The scope of expropriation is all the land in the transformation area.

3. Civil air defense costs

In all new houses within the scope of renovation, the part equivalent to the total area of democratic houses in the demolished village (neighborhood) can be exempted from civil air defense fees; More than the total area of the main body of the house to be demolished, the civil air defense fee shall be charged according to the regulations.

These Provisions are only applicable to the flat-to-floor project that does not apply to local civil air defense projects and pays the fees.

Thirteenth enterprises owned by the village collective economic organizations, which are included in the scope of flat housing reform, can enjoy preferential policies for flat housing reform.

Chapter V Others

Fourteenth flat housing projects into the "declaration" procedures and reported to the county government, the proposed transformation area to suspend the following matters:

Examination and approval of new construction, renovation and expansion of houses;

2 newly approved rural homestead or other construction land;

3. Issue business licenses;

4. Lease or renewal of houses and land;

Change the use of houses and land.

Fifteenth flat resettlement villagers in the relocation of land, should consider the needs of future housing. Those who already have the conditions for issuing housing will be included in the unified arrangement of flat-to-flat housing reform, and the collection of housing costs will be decided by the village committee or commercial development unit.

Sixteenth villagers who participate in the flat change of collective land are generally not allowed to choose monetary compensation, and individuals who choose are not allowed to apply for rural homestead; Villagers who trade in old buildings for new ones may not apply for collective rural homestead because the new buildings occupy state-owned land; Villagers who sell new buildings may not apply for rural homestead again.

Seventeenth real estate development units to participate in bidding, auction or listing registration, should deposit a certain amount of demolition deposit in the bank designated by the county construction bureau. The deposit is held at 100% of the total replacement price of the demolished house, and the specific amount is determined by the land and resources and construction department, the township government and the village committee through consultation. The time and amount of the deposit returned to the development unit shall be agreed in the land transfer instructions.

Article 18 If there are organs, organizations, enterprises, institutions and other units occupying state-owned non-leased land within the scope of the village-in-the-city renovation, the charging standard for land leasing occupied by the unit is not limited to 7%, and should be charged at the public transfer price.

Nineteenth new residential land, including villagers' (residents') resettlement land, is all state-owned land, and the real estate development unit shall handle the procedures for the use right of state-owned land and the transfer of housing property rights for the houses occupied by villagers (residents) and village collective economic organizations. Before the transformation, the "Land Use Certificate" and "House Ownership Certificate" of the village (residents) were abolished at the same time with the collective land expropriation or the recovery of the state-owned land use right.

Twentieth real estate development units should be strictly in accordance with the agreement to determine the proportion of land or housing, giving priority to the construction of village (neighborhood) people's own housing, not only commercial housing development or pre-sale financing for the purpose. It is even more forbidden to sell, transfer, lease or mortgage newly-built houses owned by villagers or houses that should be demolished. Otherwise, the preferential policy of flat-to-flat housing reform will be cancelled. In addition to paying relevant taxes and fees as required, the construction department will impose penalties according to law.

Twenty-first non villagers in the transformation of collective land to buy houses and go through the formalities for the transfer of state-owned land, in accordance with the provisions of the "Regulations" of the State Council city housing demolition compensation and resettlement measures; If it is still collective land, it shall be handled by the village committee or negotiated with the real estate development unit.

Twenty-second real estate development enterprises involved in flat-to-flat housing renovation must meet national requirements.

Chapter VI Supplementary Provisions

Twenty-third county planning area of state-owned land on residential bungalow transformation, can refer to the interim provisions.

Plane buildings in other urban planning areas can be implemented with reference to the Interim Provisions.

Twenty-fourth the Interim Provisions shall be led by the County Construction Bureau, and the relevant departments of land and resources shall be responsible for the interpretation.

Twenty-fifth the Interim Provisions shall come into force as of the date of issuance.