Compensation standard for demolition in Lijiang City, and compensation provisions for demolition in old city reconstruction in Lijiang City

Strengthen the management of urban housing demolition, ensure the smooth progress of urban construction, and protect the legitimate rights and interests of the demolition parties. According to the "Regulations on the Management of Urban Housing Demolition" issued by the State Council (hereinafter referred to as the "Regulations"), combined with the actual situation in our province, these rules are formulated.

Chapter I General Provisions

Second in the state-owned land in the urban planning area of our province, the "Regulations" and these rules shall apply to the demolition of houses and their appendages due to urban construction.

Article 3 The term "demolisher" and "demolished" as mentioned in these Detailed Rules refers to the units or individuals specified in Article 3 of the Regulations.

Fourth urban housing demolition must conform to the urban planning, which is conducive to the transformation of old urban areas and adapt to the reform of urban housing system.

Fifth Yunnan Urban and Rural Construction Committee is the competent department of urban housing demolition in the province.

The real estate management bureaus (offices) established by the people's governments of the states, cities and counties and the regional administrative offices are in charge of the urban house demolition work within their respective administrative areas.

Where there is no real estate management institution, the construction committee (Construction Bureau) of the people's government of the state, city and county and the regional administrative office shall be in charge of urban house demolition.

Sixth people's governments at or above the county level shall be responsible for the urban housing demolition department:

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

(two) responsible for reviewing the urban housing demolition plan, issuing the "demolition permit", issuing the announcement of urban housing demolition, managing the archives of housing demolition, and reporting the statistical data of housing demolition;

(three) to supervise and inspect the urban housing demolition activities within their respective jurisdictions. Responsible for correcting and punishing the demolition compensation and resettlement behavior in violation of the "Regulations" and the detailed rules for the implementation, and investigating other illegal demolition cases in conjunction with relevant departments;

(four) to supervise the implementation of the demolition agreement, coordinate and adjudicate the demolition disputes within the scope authorized by these rules, and accept administrative reconsideration.

Seventh state, city and county people's governments and regional administrative offices should strengthen the leadership of urban housing demolition work and improve the management mechanism of urban housing demolition. Reward units or individuals that have made outstanding contributions in the work of urban house demolition.

Chapter II General Principles of Demolition Management

Article 8 Any unit or individual that needs to demolish houses due to construction must submit an application to the competent department of house demolition in the city or county where the house is located with the design task book approved according to the examination and approval authority prescribed by the state or the annual construction plan, construction land planning permit, demolition plan and demolition plan issued, and only after examination and approval can the house be demolished. Demolition in places where public houses are concentrated should first obtain the consent of the city and county housing management departments.

Where the approved demolition of dangerous houses involves compensation and resettlement, the examination and approval procedures shall be handled in accordance with the provisions of the preceding paragraph.

City and county urban planning administrative departments shall, at the same time as determining the scope of demolition and issuing the planning permit for construction land, notify those who are taken within the scope of demolition to stop rebuilding, expanding and building new houses and their attachments, and notify the city and county housing management departments where the houses are taken.

Ninth units or individuals to carry out demolition, before applying for demolition, should apply to the housing property management department for housing survey and identification and ownership certification, and put forward the demolition plan. Its contents should include the accurate scope of demolition, the implementation steps of demolition, the total number of units and individuals to be demolished, the preliminary plan for the resettlement of indigenous residents or users, the estimation of compensation and subsidy costs, the start time and end time of demolition, etc.

Tenth housing units in charge of receiving the demolition application materials, it shall timely review. The contents of the review include whether the approval document of the construction project has the statutory approval effect, whether the demolition scope is consistent with the approved land use scope, whether it has the ability to undertake the economic responsibility of demolition, whether the house property rights and property rights registration within the demolition scope are clear and correct, and whether there is any dispute. Only after the examination is correct can the demolition permit be issued.

The demolition permit shall specify the scope and duration of demolition.

Eleventh housing units need to change the land use right, the user must obtain the land use right according to law.

Twelfth demolition must be carried out within the scope and duration of the demolition permit. If it is necessary to change the approved scope and duration of demolition due to special reasons, a new application must be made and it can be implemented only after approval.

Thirteenth city and county people's governments can organize relevant departments and units to participate in the unified demolition undertaken by qualified units engaged in demolition, and can also be demolished by the demolition people themselves or entrusted with the demolition. If the demolisher entrusts the demolition, the client shall be the unit that has obtained the qualification certificate of house demolition, and may not entrust it again. The client and the principal shall sign an agreement and report it to the competent department of house demolition for review. The examined agreement can be notarized.

The competent department of house demolition shall not accept the entrustment of demolition.

Article 14 Once the house demolition permit is issued, the competent department of house demolition shall publish the demolition person, the scope of demolition, the relocation period and other matters that need to be understood by the demolition person in the form of house demolition announcement. The competent department of house demolition shall promptly publicize and explain to the demolished person.

The demolition shall not publish the announcement of house demolition.

Fifteenth once the scope of demolition is determined, before the announcement, the city and county housing demolition departments shall promptly notify the public security department where the housing demolition is located to suspend the household registration and household registration within the scope of demolition; Notify the administrative department for industry and commerce to suspend the issuance of business licenses.

Under any of the following circumstances, with the approval of the municipal and county governments, the procedures for moving in and settling in permanent residence may be granted:

(a) babies born to women who live in the demolition area and have permanent residence;

(2) Graduates from universities and technical secondary schools who are allocated according to regulations and students who are approved to drop out of school or cancel graduation allocation qualification, whose accounts originally moved out of the scope of demolition;

(three) demobilized military cadres and demobilized soldiers who have not been resettled have moved back to their residences within the scope of demolition;

(four) cadres and workers moved back from the field to the residence within the scope of demolition due to retirement;

(five) released from prison and released from reeducation through labor to move back to the residence within the scope of demolition;

(six) other households or households.

Article 16 After the announcement of house demolition, if there is any dispute over the property right and the right to use the house to be demolished, the person to be demolished may lodge a complaint with the city or county real estate management department, and the real estate management department shall conduct mediation and adjudication. Before the announcement of house demolition, the documents and materials about the ownership or use right of the house put forward by the demolished person must have legal effect.

Seventeenth after the completion of the demolition must be timely to the city and county housing property management departments for the demolition of housing property cancellation procedures. The demolished should cooperate with this work.

Eighteenth compensation and resettlement agreements signed in accordance with the provisions of Article 12 of the Regulations can be notarized in the notary office. No matter whether the agreement is notarized or not, it shall be sent to the municipal and county housing demolition authorities for the record.

Nineteenth housing demolition departments or people's governments in accordance with the "Regulations" provisions of article fourteenth of the ruling, it shall notify the parties in the form of an award. The contents of the award shall include: the name and address of the party submitting the award; The factual reasons for submitting the award and the conclusion of the award; Laws, regulations and rules for exercising the right of adjudication and making the conclusion of adjudication; Litigation rights when the parties refuse to accept the ruling, etc.

The award shall indicate the name of the ruling unit, the time when the award was made, and be stamped with the seal of the ruling unit.

Twentieth people who have been demolished refuse to be demolished within the time limit specified in the house demolition announcement or within the time limit specified in the ruling or judgment, and the municipal or county people's government may make a decision to order the demolition within a time limit. If it is not removed within the time limit, the people's government of the city or county shall instruct the house demolition department and the urban construction management and supervision department to carry out compulsory demolition, or the house demolition department shall apply to the people's court for compulsory demolition. When forced demolition, the neighborhood offices and residents' committees of the unit where the person subjected to execution is located and the place where the house is located shall send people to assist in the execution according to the notice of the ruling organ or the people's court.

Twenty-first compulsory demolition, it shall notify the person subjected to execution to be present, and if the person subjected to execution refuses to be present, the compulsory demolition shall be carried out as usual. Losses caused by the person subjected to execution's refusal to be present or to accept financial assets shall be borne by the person subjected to execution.

Twenty-second foreign-related houses, military facilities, churches and temples, cultural relics and historical sites, and houses of overseas Chinese, returned overseas Chinese and their relatives, if there are other provisions in laws and regulations, shall be implemented in accordance with relevant laws and regulations.

Twenty-third city and county housing demolition departments should establish and improve the demolition file system, strengthen the management of demolition files.

Housing demolition archives are composed of the following documents:

(a) the relevant approval documents, demolition plan, demolition plan and house demolition permit of the demolition person engaged in house demolition construction;

(two) the supplementary and adjustment documents of the house demolition plan and plan, the compensation and resettlement agreement filed with the demolition department, and the compensation and resettlement settlement data;

(three) documents, relevant rulings and litigation documents in the process of demolition;

(four) other documents and materials related to the demolition.

The demolisher shall timely sort out and keep the demolition files, and submit the files specified in Items (2), (3) and (4) of the preceding paragraph to the municipal and county housing demolition authorities within one month after the demolition.

Twenty-fourth housing demolition management fees according to the demolition of housing assessment price, compensation fees, resettlement subsidies and other total costs of 0-2%+65% of the standard, by the city and county housing demolition departments to the demolition. The management fee is mainly used for various certificates, forms printing, announcements, archives arrangement, equipment purchase, personnel business training and other business expenses approved by the municipal and county people's governments.

Chapter III Compensation for Demolition

Twenty-fifth forms of compensation for demolition shall be implemented in accordance with the provisions of Article 20 of the Regulations. Among them, the price compensation shall be put forward in writing by the property owner.

Twenty-sixth city roads, water supply, sewage, gas, power supply, communications, power transmission and transformation, bus stations, sanitation, public green space and other municipal facilities construction, the city people's government shall make overall arrangements according to the city planning.

Residents shall bear the cost of moving pipelines or laying temporary pipelines due to construction needs, but residents shall not bear the construction cost of road reconstruction and expansion.

Twenty-seventh property rights exchange area is calculated according to the construction area of the demolished house. The calculation of the construction area shall comply with the provisions of the National Rules for the Calculation of the Construction Area. If the state has new regulations on the calculation of construction area, the new regulations shall prevail.

The amount of pricing compensation is merged into a new settlement according to the replacement price of the construction area of the demolished house, and the replacement price is determined by the state and municipal people's governments (excluding county-level cities) and regional administrative offices.

Article 28 If the houses of cultural, educational, health, social welfare enterprises, institutions and social welfare enterprises are demolished, or if they are operating at a low profit, the demolisher shall rebuild them according to their original nature, original scale and original decoration standards, or compensate them according to the replacement price, or the people's government of the city shall make overall arrangements according to urban planning. According to the city planning and reconstruction of more than the original scale, the original decoration standard part of the funds, by the city and county people's government to coordinate and solve.

Twenty-ninth in the form of property rights exchange to repay other than the provisions of Article 28 of these rules, in accordance with the provisions of Article 22 of the Regulations.

Thirtieth demolition of non-residential housing, take the form of price compensation to repay, or the demolition is responsible for the construction of relocation, demolition should compensate the following expenses:

(a) the demolished houses and their attachments are merged into newly calculated compensation fees according to the replacement price;

(two) the equipment that can not be restored to use shall be combined into a newly calculated compensation fee according to the replacement price;

(3) Equipment relocation expenses calculated according to the freight transportation price and equipment installation price stipulated by the state;

(4) Subsidies calculated according to the actual production stoppage time due to demolition (generally calculated according to 40-60% of the total monthly standard wages of on-the-job employees, but the longest period is no more than six months, and the units allocated by the finance will not be subsidized);

(five) other expenses that should be compensated by laws and regulations.

Article 31 The settlement method for repaying the house price by means of property right exchange is as follows:

(a) private housing and self-management housing to new houses (new apartment units) to repay, regardless of off-site repayment (with suburbs to repay urban areas or suburbs to repay suburban areas near urban areas or suburban areas far away from urban areas) or on-site repayment, according to the replacement price settlement structure price difference. Repayment of housing construction area exceeding the original housing construction area, within a set of housing, the difference is settled at 70% of the civil construction cost of new houses in different places, and the difference is settled at the full price of new houses in situ; For multiple houses, the difference will be settled at the full price of the new house. If the settlement price difference exceeds the affordability of private individuals and units, the pricing compensation method stipulated in Article 32 of these Rules may be implemented.

(two) to repay the non-settlement structure and area difference of the houses directly managed by the housing management department with new houses, and to implement the method of dismantling one household and returning one set. If the original family housing construction area is lower than the national first-class residential construction area standard, the first-class housing will be repaid; If there are more than one category and less than two categories, the second category of housing will be repaid; More than two types and more than three types, all three types of housing are paid off. Houses that repay loans should be allocated in units of buildings or units.

(three) with the old house to repay, according to the same structure, the same area, the same quality to repay, the repayment of housing and the demolition of housing is obviously different, by the demolition and demolition of people to negotiate.

Thirty-second housing property owners voluntarily give up housing property rights, do not require resettlement, and apply in writing for pricing compensation, the demolition should be combined with the original housing at the replacement price to give pricing compensation. The original house property right and land use right shall be cancelled accordingly, and no homestead or resettlement house shall be allocated.

If the living conditions of the property owner are difficult to guarantee, the method of giving up the housing property price compensation shall not be implemented.

Thirty-third demolition of non residential housing rental, compensation form agreed by the demolition and property owners in accordance with the provisions of article twenty-fifth of these rules. If the property owner retains the property right of the rented house, the property owner and the user shall maintain the original lease relationship, and the original lease contract shall be amended accordingly; If the property owner abandons the property right of the rented house, the original lease relationship can be terminated, and the expenses incurred by the user due to the relocation of the house shall be borne by the demolition person.

Thirty-fourth demolition of houses with unknown property owners shall be handled in accordance with the provisions of Article 25 of the Regulations.

Chapter IV Demolition and Resettlement

Thirty-fifth people should be taken in accordance with the provisions of the "Regulations" and these rules, to the demolition within the scope of the inability to solve the housing, with a formal permanent residence or business license and as a formal office space of legitimate users, to give placement. Those who transfer, sublet or obtain the right to use the house through other illegal means shall not be resettled.

Thirty-sixth resettlement housing can not be solved at one time, or take property rights exchange to compensate, and the housing can not be implemented for a while, you can take a temporary transition. Temporary transition can be provided by the demolition of turnover housing, but also by the demolition of their own to find a transition housing for the transition. Temporary transition period, the demolition of housing construction area of 5000 square meters, the transition period shall not exceed two years; More than 5000 square meters, the transition period shall not exceed three years; If it is necessary to extend the transition period due to special circumstances, it shall be approved by the competent department of house demolition that approved the demolition, and the extension period shall not exceed one year at the longest.

Article 37 The number of households within the scope of demolition shall be calculated according to the number of permanent residents registered on the date of the announcement of demolition, but if there is another house in other places and there is no difficulty in living, if the household registration is reported to the relatives within the scope of demolition and the parents have housing in the town, it shall not be counted.

The number of people who should be placed in the houses directly managed by the demolition and housing management department shall be counted according to the proof of renting public houses; The number of users who should be placed in the demolition of other residential houses shall be calculated according to the rent certificate approved by the city and county housing management departments. Resettlement is generally not divided into households, and families with other housing in this town are generally not resettled.

When the demolition unit manages its own house, if the house originally allocated to its employees is actually occupied by its children or other relatives for various reasons, the occupier shall not implement the resettlement measures stipulated in these rules.

Article 38. Where the user's resettlement site belongs to a newly-built house, it shall be determined by the competent department of urban planning administration of the city or county according to the requirements of urban planning and the nature of resettlement houses, and in accordance with the principle of being conducive to the implementation of urban planning and the reconstruction of old areas; Belonging to the resettlement of old houses, the demolition person shall negotiate with the user according to the housing situation and the nature of the house.

If the resettlement house is a residential building, it should take care of the martyrs, the disabled and the elderly.

Thirty-ninth demolition of residential houses, local resettlement (urban housing for urban households or suburban housing in the near city, suburban housing in the far city), according to the original construction area; Resettlement in different places (urban suburban housing residents or suburban housing residents near the urban area), regardless of the old and new resettlement houses, every household in Kunming city will be resettled by 8 square meters on the basis of the original construction area, and every household in other cities and counties will be resettled by 6 square meters.

Suburbs are resettled with new houses in the suburbs, or with old houses in the suburbs (non-unit houses), or with old houses in the city, and generally the resettlement area is not increased. Indeed, due to the housing difficulties of users, which belong to households with housing difficulties, residents may appropriately increase the resettlement area according to the housing situation, but the increased construction area shall not exceed 6 square meters per household.

Fortieth according to the original construction area of housing placement is difficult, or it is still difficult to increase the construction area in different places, the per capita living area of permanent family population is less than 6 square meters, the demolition can increase the resettlement area in a set of housing depending on the housing situation. The per capita living area has exceeded 6 square meters, or although it has not reached 6 square meters, but the increased area involves two houses, the resettlement area will not be increased.

Forty-first because of the implementation of national residential design standards, the actual resettlement area is larger than the resettlement area, the demolition should be based on the excess construction area to the user to collect housing improvement compensation. Compensation for improving housing is charged at13 of the building cost per square meter on the spot and14 of the building cost per square meter in different places.

Compensation for improving houses is used to offset the cost of demolition.

Article 42 If an individual who belongs to the resettlement object submits a written application and voluntarily reduces the resettlement area, in addition to the relocation allowance given in accordance with the provisions of Article 43 of these Detailed Rules, he may also be given a one-time compensation of one third of the housing cost per square meter by reducing the construction area of one square meter. If the resettlement object is solved by the unit, the unit will give a one-time reward according to the standard of 2500 yuan per household, and the resettlement households will not be given any other expenses except the moving expenses. All kinds of rewards and compensation fees are included in the cost of demolition.

Forty-third demolition to the demolition of housing users to pay relocation subsidies and temporary resettlement subsidies, in accordance with the provisions of the "Regulations" thirty-first, thirty-third.

The payment standards for moving subsidies and temporary resettlement subsidies shall be formulated by the state and municipal people's governments (excluding county-level cities) and regional administrative offices.

The relocation subsidies and temporary resettlement subsidies stipulated in this article shall be borne by the residents and included in the relocation expenses.

Forty-fourth citizens who have moved because of the demolition, the city and county housing management departments shall issue a certificate of moving, and the unit shall give them three days' public leave.

Forty-fifth from the date of the announcement of the competent department of urban housing demolition, the demolition has been relocated within five days, and the demolition will give each household 150 yuan a reward; Reward for completing the relocation within ten days 100 yuan; 50 yuan will be rewarded for moving within fifteen days. When exchanging property rights and placing formal housing, priority should be given to the new and old housing, floor and orientation.

Chapter V Punishment

Forty-sixth any of the following acts shall be punished by the municipal or county housing demolition department or the city management and supervision department:

(a) unauthorized demolition without obtaining the permit for house demolition, shall be ordered to stop the demolition, the demolition unit shall be fined 20-50 thousand yuan, and the main responsible person shall be fined 200-500 yuan; Those who demolish houses without authorization in accordance with the provisions of the house demolition permit shall be given a warning. If it is still not corrected after the warning, it shall be ordered to stop the demolition.

(two) commissioned without obtaining the qualification certificate of house demolition units to carry out the demolition, shall be ordered to stop the demolition, give a warning to the client, impose a fine of 20000-50000 yuan on the entrusted demolition unit, and impose a fine of 200-5000 yuan on the main responsible person.

(three) to raise or lower the standard of compensation and resettlement subsidies without authorization, and give a warning. Those who fail to make corrections after warning shall be fined according to the total amount exceeding or lower than the compensation and subsidy standards. If the resettlement area is increased or decreased without authorization, a fine of RMB 0/00 per square meter shall be imposed according to the increased or decreased construction area.

Forty-seventh demolition without justifiable reasons beyond the prescribed period of demolition or unauthorized extension of the transition period, by the city and county housing units departments to give a warning to the demolition, and impose a fine of 20 thousand yuan to 50 thousand yuan.

Article 48 If the demolished person violates the agreement and refuses to vacate the revolving room without reason, and the vacating period exceeds one month, the house demolition department shall give the demolished person a warning and order him to return the revolving room within a time limit; Those who leave their posts for more than two months will be fined 200-500 yuan.

Article 49 If the demolition unit violates the provisions of Article 41 of these Rules, or there is no legal basis to collect fees other than those stipulated in the Regulations and these Rules, the price administrative department of the city or county shall confiscate all the fees collected and impose a fine of 200-500 yuan on the main responsible person.

Fiftieth residents who fail to submit the demolition files specified in Article 23 of these Rules within the prescribed time limit shall be given a warning by the municipal and county housing demolition departments. If it is not submitted within the prescribed time limit of 1 month, a fine shall be imposed according to the standard that the construction area of the demolished house is 5-8 yuan per square meter.

The fine stipulated in Article 51 shall be borne by the individual and not reimbursed by the unit; Bear by the demolition unit, shall not be included in the cost of demolition. The losses caused by the demolition stop shall be borne by the demolition person.

Fines imposed on individuals may be withheld by their units. A fine imposed on a unit may be withheld by its bank. All fines shall be handed over to the municipal and county financial departments, and no unit or individual may intercept or divide them among themselves.

Article 52 If the punished person refuses to accept the decision on administrative punishment, the procedures for applying for reconsideration, prosecution and execution shall be implemented in accordance with the provisions of Article 39 of the Regulations.

Chapter VI Supplementary Provisions

Fifty-third demolition of dangerous houses and their attachments do not involve compensation and resettlement, according to the provisions of the Provincial Planning Commission, the Provincial Construction Committee issued the "Yunnan Province urban dangerous housing management and demolition and reconstruction management implementation measures".

Fifty-fourth in the urban planning area, the compensation and resettlement for the demolition of houses and their attachments on collective land requisitioned for national construction shall be implemented in accordance with the provisions of the Measures for the Implementation of Land Management in Yunnan Province (for Trial Implementation).

Article 55 The Yunnan Urban and Rural Construction Committee shall be responsible for the interpretation of these Rules.

Article 56 These Rules shall come into force as of the date of promulgation. Urban housing demolition matters that occurred before the promulgation of these rules belong to the "Regulations" before the implementation, and shall be handled according to the original relevant laws and regulations; After the implementation of the Regulations, it shall be handled in accordance with the relevant provisions of the Regulations. Source network, for reference only