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How to pay for urban housing demolition in Chongqing, the more detailed the better?
Twenty-second people should be taken in accordance with the provisions of this Ordinance, the demolition of compensation.
Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; The demolition of temporary buildings that have not exceeded the approved period shall be given appropriate compensation.
Twenty-third demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange.
In addition to the provisions of the second paragraph of article twenty-fifth and the second paragraph of article twenty-seventh, the person who is taken can choose the compensation method for demolition.
Twenty-fourth the amount of monetary compensation, according to the location, use, construction area and other factors of the house to be demolished, to determine the real estate market evaluation price. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Twenty-fifth the implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of Article 24 of these regulations, calculate the amount of compensation for the demolition of housing and the price of housing exchange, and settle the price difference of property rights exchange.
Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition.
Twenty-sixth demolition of public housing, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation.
Twenty-seventh demolition of rental housing, the demolition of housing tenant to terminate the lease relationship, or the demolition of housing tenant resettlement, the demolition of compensation for 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. If the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee.
Twenty-eighth residents should provide houses that meet the national quality and safety standards for demolition and resettlement.
Twenty-ninth demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the housing demolition management department for examination and approval before the implementation of demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Thirtieth demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees.
Thirty-first people should be taken to the demolition or housing tenant to pay relocation subsidies.
During the transition period, if the demolished person or lessee arranges his own residence, the demolished person shall pay the temporary resettlement subsidy; If the demolished person or lessee uses the revolving house provided by the demolished person, the demolished person shall not pay the temporary resettlement subsidy.
The standards for relocation subsidies and temporary resettlement subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Thirty-second demolition shall not extend the transition period without authorization, and the users of the swing space shall vacate the swing space on time.
If the transition period is extended due to the responsibility of the demolisher, the temporary resettlement subsidy will be increased from the month overdue for the demolisher or the lessee who arranges his own residence; The user of the revolving house shall pay the temporary resettlement subsidy from the overdue month.
Thirty-third due to the demolition of non residential houses caused by the suspension of production and business, the demolition should give appropriate compensation.
Chapter IV Punishment
Thirty-fourth in violation of the provisions of this Ordinance, without obtaining a permit for house demolition, the house demolition management department shall order it to stop the demolition, give it a warning and impose a fine of more than 20 yuan and less than 50 yuan per square meter of demolition construction area.
Thirty-fifth demolition in violation of the provisions of this Ordinance, to obtain a house demolition permit by deception, the house demolition management department shall revoke the house demolition permit, and impose a fine of more than 1% and less than 3% of the demolition compensation and resettlement funds.
Thirty-sixth demolition in violation of the provisions of this Ordinance, one of the following acts, the house demolition management department shall order it to stop the demolition, give a warning, and may impose a fine of less than 3% of the demolition compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked:
(a) the implementation of house demolition is not in accordance with the scope of demolition determined by the house demolition permit;
(two) entrust a unit that does not have the qualification for demolition to carry out demolition;
(three) to extend the demolition period without authorization.
Thirty-seventh commissioned units in violation of the provisions of this Ordinance, the transfer of demolition business, the housing demolition management department shall order it to make corrections, confiscate the illegal income, and impose a fine of more than 25% and less than 50% of the demolition service fee agreed in the contract.
Article 38 If the house demolition management department of the local people's government at or above the county level issues the house demolition permit and other approval documents in violation of the provisions of these Regulations, fails to perform the duties of supervision and management after issuing the house demolition permit and other approval documents, or fails to investigate and deal with illegal acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the circumstances are serious, causing heavy losses to public property, the interests of the state and the people, which constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Thirty-ninth in the urban planning area of foreign land demolition, and the need for compensation and resettlement, with reference to these regulations.
Article 40 These Regulations shall come into force as of 200 1 year 1 month1day. 199 1 On March 22nd, the Regulations on the Administration of Urban House Demolition promulgated by the State Council was abolished at the same time.
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