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

Detailed Rules for the Implementation of Langfang City Housing Demolition Management

Langfang Municipal People's Government of Hebei Province

Detailed Rules for the Implementation of Langfang City Housing Demolition Management

Chapter I General Principles

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 detailed rules are formulated in accordance with the Regulations on the Management of Urban House Demolition in the State Council (hereinafter referred to as the Regulations), the Implementation Measures for the Management of Urban House Demolition in Hebei Province (hereinafter referred to as the Measures) and other relevant regulations, and in combination with the actual situation of this Municipality.

Article 2 These Rules shall apply to the house demolition on state-owned land within the urban planning area of this Municipality, and it is necessary to compensate and resettle the demolished person and the lessee.

Article 3 Urban house demolition must conform to urban planning, which is conducive to the transformation of old areas and the improvement of ecological environment, and the protection of cultural relics and historic sites.

Fourth residents should be in accordance with the "Regulations", "Measures" and the provisions of these rules, the demolition of people and housing tenants to give compensation and resettlement; The lessee of the house to be demolished and the lessee of the house to be demolished shall complete the relocation within the prescribed relocation period.

The term "demolition" as mentioned in these rules refers to the unit that has obtained the "House Demolition Permit".

The term "demolished person" as mentioned in these rules refers to the owner of the house to be demolished.

The term "lessee" as mentioned in these rules refers to the unit or individual that has a legal lease relationship with the person being demolished.

Fifth Langfang Municipal People's Government Resettlement Office is the housing demolition management department of the Municipal People's Government, which supervises and manages the city's urban housing demolition work. Its main responsibilities are:

(a) to organize the publicity and implementation of the "Regulations on the Management of Urban Housing Demolition" promulgated by the State Council, and to formulate or participate in the formulation of relevant provisions on the management of urban housing demolition in this Municipality;

(two) responsible for reviewing the urban housing demolition plan and demolition plan, issuing the "Housing Demolition Permit" and issuing the announcement of housing demolition;

(three) responsible for the investigation, mediation and adjudication of house demolition disputes;

(four) responsible for the supervision and management of the demolition units that have obtained the "Housing Demolition Permit";

(five) supervision and management of real estate appraisal activities and compensation and resettlement funds in the process of house demolition;

(six) responsible for the management of housing demolition files;

(seven) to be responsible for the business training of the demolition staff;

(eight) to provide business guidance for the demolition management of counties (cities) and development zones.

County (city) people's government is responsible for the management of housing demolition work departments to implement supervision and management of housing demolition work within their respective administrative areas.

Article 6 People's governments at all levels and departments and units such as planning, land, housing management, finance, price, industrial and commercial administration, comprehensive law enforcement, public security, justice, labor and social security, civil affairs, telecommunications, power supply and subdistrict offices. Should be in accordance with their respective responsibilities, coordinate the implementation of these rules, to ensure the smooth progress of urban housing demolition management.

Chapter II Demolition Management

Seventh residents must obtain the "Housing Demolition Permit" issued by the municipal or county (city) people's government responsible for the management of housing demolition (hereinafter referred to as the housing demolition management department) before the implementation of demolition. To apply for the permit for house demolition, the following documents and materials shall be submitted to the house demolition management department:

(a) the application for house demolition;

(two) the approval documents of the construction project;

(3) Construction land planning permit;

(four) the approval document of the right to use state-owned land;

(five) the nuclear map of the demolition scope and the plan of the new project approved by the urban planning management department;

(six) the demolition plan and compensation and resettlement plan;

Demolition plan, including the scope of demolition, demolition methods, relocation period, the completion time of new houses, etc.

Compensation and resettlement plan, including the use nature, property ownership and area of the demolished houses and their appendages, the number of households and housing conditions of the demolished people, the estimated cost and payment period of various compensation subsidies, the standard and address of resettlement houses, and the transition mode.

(seven) the qualification certificate of the house demolition unit and the entrustment contract for the implementation of the entrusted demolition;

(eight) issued by the deposit-taking financial institutions, the demolition compensation and resettlement fund supervision agreement and the demolition compensation and resettlement fund certificate;

(nine) other materials required by laws and regulations.

The house demolition management department shall, within 20 days from the date of receiving the application, review the application matters, and issue a house demolition permit if it meets the requirements.

Eighth housing demolition management departments in the issuance of the "Housing Demolition Permit" at the same time, it should be stated in the "Housing Demolition Permit" demolition, demolition scope, demolition period and other matters, in the form of housing demolition announcement. During the demolition, the demolition unit shall promptly publicize and explain the demolition plan and policies to the people being demolished.

Ninth people should be taken in the "Housing Demolition Permit" to determine the scope and duration of the implementation of housing demolition.

Need to change the scope of demolition, must be approved by the planning and land departments, and reported to the housing demolition management department for adjustment procedures, before changing the scope of demolition.

Need to extend the demolition period, the demolition should be before the expiration of the demolition period, apply to the housing demolition management department for an extension of the demolition; The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition.

Tenth demolition can be taken by themselves, can also be entrusted to the demolition. Units engaged in entrusted demolition must obtain the qualification certificate of house demolition according to law. Personnel engaged in house demolition work must undergo professional training before they can take up their posts and engage in house demolition work.

If the demolisher entrusts the demolition, he shall issue a power of attorney to the entrusted unit and conclude a demolition entrustment contract. The demolisher shall, within 05 days after the conclusion of the demolition entrustment contract, report the demolition entrustment contract to the local house demolition management department for the record.

Units engaged in entrusted demolition refer to units that have obtained the qualification certificate of house demolition according to law, accepted the entrustment of demolition, mobilized demolition, organized the signing and implementation of compensation and resettlement agreements, and organized the demolition of houses and their attachments. The entrusted demolition unit shall not transfer the demolition business.

Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.

Eleventh housing demolition management departments should strengthen the management of housing demolition market. The demolition shall entrust the demolition unit with good social reputation and strong service consciousness to carry out the demolition. Housing demolition should gradually adopt the method of bidding to determine the demolition unit.

Twelfth "housing demolition permit" issued, units and individuals within the scope of the demolition, shall not carry out the following activities:

(1) New construction, expansion and reconstruction of buildings;

(two) the sale, exchange, analysis, gift, mortgage and lease of houses;

(3) Changing the use of houses and land;

(4) Obtaining an industrial and commercial business license.

The house demolition management department shall notify the planning, land, housing management, urban construction, industry and commerce administration, public security and other management departments in writing about the matters listed in the preceding paragraph to suspend the relevant procedures during the demolition period.

Thirteenth in the demolition period stipulated in the house demolition notice, the demolition and demolition shall sign an agreement on compensation and resettlement for house demolition in accordance with the provisions of these rules. The agreement shall include the following contents:

(a) the location, ownership, area, structure and use of the house to be demolished;

(two) the way and amount of compensation, payment method and payment period;

(three) the location, area, price and settlement method of the property right exchange resettlement house;

(four) the relocation period, transition mode and transition period, the amount of various subsidies, and the calculation time;

(5) Liability for breach of contract;

(six) other matters that should be agreed by the parties to the demolition.

Demolition of rental housing, the demolition should be taken with the people, housing tenants to enter into a demolition compensation and resettlement agreement.

The compensation and resettlement agreement can be notarized by the notary department. Demolition of legally escrow housing, compensation and resettlement agreement must be notarized by the notary department, and for evidence preservation.

Article 14 the ownership, area and structure of the house to be demolished. , according to the "all of housing" marked matters confirmed; If it is not specified, the matters specified in the property right file of the house to be demolished shall prevail.

The use of the demolished house shall be subject to the registered use of the house ownership certificate and the state-owned land use certificate obtained according to law. "All of Housing" and "State-owned Land Use Certificate" are not registered for housing purposes, which shall be determined according to the purposes specified in the "Construction Project Planning Permit" issued by the municipal planning department or identified by the municipal planning department.

Fifteenth after the signing of the demolition compensation and resettlement agreement, the demolition or lessee refuses to move within the relocation period, the demolition can 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.

Sixteenth demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the housing demolition management department ruled. Housing demolition management department is the demolition, managed by the people's government at the same level. After the ruling is accepted, mediation can be conducted first. If mediation fails, a ruling shall be made within 30 days from the date of accepting the application.

If the number of households who have not reached an agreement on compensation and resettlement for demolition exceeds 30, or the number of households who have not reached an agreement on compensation and resettlement for demolition accounts for more than 25% of all the relocated households, the house demolition management department shall hold a hearing before accepting the application for ruling.

If a party refuses to accept the administrative ruling, it may apply for administrative reconsideration or bring a lawsuit to the people's court according to law. Demolition in accordance with the provisions of these rules, has been taken to the people and housing tenants to give monetary compensation, or provide resettlement housing, turnover housing, not to stop the implementation of the demolition after reconsideration.

Article 17 If the demolished person or lessee fails to move within the relocation period stipulated in the ruling, the people's government where the house is located shall instruct the relevant departments to forcibly move, or the house demolition management department shall apply to the people's court for compulsory move according to law.

Before applying for compulsory administrative demolition, the administrative department of house demolition shall invite relevant administrative departments, representatives of the demolition parties and representatives with social credibility to hold a hearing on the basis, procedures and calculation basis of compensation and resettlement standards for compulsory administrative demolition.

Housing demolition management department to apply for administrative compulsory demolition, must be decided by the department responsible for collective discussion, can apply to the government for administrative compulsory demolition. Without an administrative ruling, administrative compulsory demolition shall not be carried out.

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.

Eighteenth administrative adjudication procedures in accordance with the Ministry of construction "city housing administrative adjudication procedures".

Housing demolition should strictly implement the procedures of hearing, administrative ruling and evidence preservation. In particular, it is necessary to implement the publicity system of demolition evaluation results, and implement the administrative ruling and administrative compulsory demolition hearing system in accordance with relevant regulations to ensure the openness, justice and fairness of demolition.

Nineteenth the implementation of compulsory demolition, the unit where the person subjected to execution and the grassroots organization where the house is demolished shall send people to assist in the implementation; The person subjected to execution shall go to the scene, and if he refuses to go to the scene, the forced demolition shall be carried out as usual; After the property of the person subjected to execution is transported to the designated place, it shall be handed over to the person subjected to execution for signature. If the person subjected to execution refuses to accept it and causes losses, the person subjected to execution shall bear the responsibility; The executing organ shall record the compulsory execution process and the property of the person subjected to execution, which shall be signed or sealed by the person subjected to execution, the person subjected to execution and other persons present. If the person subjected to execution refuses to sign or seal, the signature or seal of the person subjected to execution and other persons present shall be deemed as valid. The expenses incurred by the compulsory demolition shall be borne by the person subjected to execution.

Twentieth unfinished demolition compensation and resettlement construction project transfer, it shall provide relevant documents and materials. After the examination and approval of the house demolition management department, the house demolition permit shall be changed, and the relevant rights and obligations in the original demolition compensation and resettlement agreement shall be transferred to the transferee. The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, notify the demolished person in writing and make an announcement.

The supervision of funds after the transfer of construction projects that have not yet completed the demolition compensation and resettlement shall be implemented in accordance with the relevant provisions of the Measures for the Supervision and Administration of Compensation and Resettlement Funds for Urban Housing Demolition in Langfang City.

Twenty-first before the implementation of the demolition, the demolition should entrust the demolition assessment agencies to evaluate the demolition project as a whole, and evaluate the demolished houses by households, and report to the house demolition management department for the record within 15 days after the evaluation results are issued.

Twenty-second in order to effectively protect the legitimate rights and interests of the demolition parties, the establishment of the demolition management department, financial institutions and the demolition of people in the use of housing demolition compensation and resettlement funds to restrict each other. The deposit, withdrawal and use of compensation and resettlement funds for demolition shall be implemented in accordance with the relevant provisions of the Measures for the Supervision and Administration of Compensation and Resettlement Funds for Urban Housing Demolition in Langfang City.

Twenty-third housing demolition involving military facilities, churches, temples, cultural relics, ancient and famous trees, should be handled in accordance with the provisions of relevant laws and regulations.

Twenty-fourth residents shall, within 3 days from the date of completing the demolition work, submit an application for acceptance to the housing demolition management department. After passing the acceptance and issuing the certificate of demolition acceptance, the relevant departments can go through the formalities of commencement permit.

Twenty-fifth housing demolition management departments should establish and improve the housing demolition archives management system, standardize the housing demolition archives management.

Chapter III Compensation and Resettlement for Demolition

Twenty-sixth illegal buildings and temporary buildings that exceed the approved period shall be demolished according to law, and no compensation shall be paid; Demolition of temporary buildings that have not exceeded the approved period shall be compensated according to the replacement price combined with the remaining years.

The identification of illegal buildings is made by the local urban planning department according to the relevant provisions of the People's Republic of China (PRC) Urban Planning Law.

Twenty-seventh demolition compensation can be monetary compensation, but also the implementation of property rights exchange.

In addition to the provisions of the second paragraph of article thirty-first and the second paragraph of article thirty-second, the person being taken can choose the compensation and resettlement method.

Twenty-eighth the amount of monetary compensation, according to the location, use, structure, construction area and other factors of the house to be demolished, can be determined by the demolition and demolition; If the demolisher and the demolished cannot negotiate within the prescribed time limit, it shall be determined by the evaluation price of the real estate market.

Twenty-ninth the implementation of housing property rights exchange, demolition and demolition should be based on the amount of monetary compensation for the demolished houses and the real estate market price of the houses to be placed, the settlement of the price difference of property rights exchange.

Thirtieth residents should provide houses that meet the national quality and safety standards for the residents and resettlement people. If the new houses in the demolition area are of the same nature as the houses to be demolished, priority should be given to the houses requiring property rights exchange in the demolition area.

Resettlement in different places shall be arranged at one time. For houses with property rights exchange, the demolisher shall provide all the information needed for handling property rights.

In case of monetary compensation, the demolisher shall cancel the house ownership certificate of the demolished house.

Thirty-first demolition of public housing, the demolition should be rebuilt or given monetary compensation in accordance with the provisions of relevant laws and regulations and the requirements of urban planning.

Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition according to the evaluation price.

Thirty-second demolition of rental housing, the demolition and the lessee to terminate the lease relationship, or by the demolition of housing tenants for 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.

Article 33 If the demolished person chooses the property right exchange method, fails to pay the price difference of the house property right exchange, and fails to reach an agreement on compensation and resettlement with the demolished person, the demolished person may use the monetary compensation of the demolished house to purchase an equivalent house to resettle the demolished person or lessee, and conclude a new house lease contract.

Thirty-fourth demolition in accordance with the standard price of urban housing system reform to buy residential housing, demolition should inform the selling units in advance. Where the demolished person requests monetary compensation, the demolished person shall be compensated separately in accordance with the proportion of property rights specified in the "House Ownership Certificate"; The demolition of property rights exchange requirements, should indicate the proportion of property rights in the resettlement housing property registration.

Thirty-fifth demolition of real estate management departments directly in charge of public housing and public housing demolition, according to the following provisions:

(a) public residential housing can be sold to the lessee in accordance with the housing reform policy, and the lessee will be taken as the demolition person after purchasing the existing housing, and the demolition person will give compensation.

(two) the demolition can purchase the right to use the public housing enjoyed by the lessee through consultation, and terminate the lease relationship with the lessee, and the demolition will compensate the demolition.

(three) the demolition of housing tenants living in different places, the demolition of compensation for the demolition.

The area and function of the demolished house provided by the demolished person shall not be less than that of the demolished house. Both parties should re-sign the house lease contract.

Thirty-sixth demolition of public rental non-residential housing, the demolition of housing tenants have been resettled, the implementation of monetary compensation. If the property rights are exchanged, the value of monetary compensation for the demolished houses will be used to purchase resettlement houses. If the demolished person is the lessee, the lease relationship will continue.

Article 37 Where the demolished person or lessee is old, disabled, lonely or young, enjoys the minimum living guarantee fund for urban residents issued by the civil affairs department, and has no housing in other places and needs to live here for a long time, the demolished person shall take care of it according to relevant certificates, or purchase equivalent housing with monetary compensation for the demolished house.

The area and function of the equivalent resettlement house provided by the demolisher shall not be lower than that of the demolished house.

Thirty-eighth municipal public facilities within the scope of demolition need to be demolished, the demolition should be reported to the relevant departments, approved and compensated according to the relevant provisions, and the required relocation expenses should be borne by the demolition. The relevant departments shall not delay the time and affect the demolition.

Thirty-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 demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.

Fortieth the demolition of mortgaged houses shall be carried out in accordance with the laws and regulations of the state on guarantee and the Measures for the Administration of Urban Real Estate Mortgage of the Ministry of Construction.

Forty-first low-rise residential buildings should take care of the elderly or the disabled. The allocation of resettlement houses adheres to the principle of fairness and justice.

Forty-second of the demolition or demolition of housing tenant resettlement housing can not be in place at one time, you can take a transitional approach. The transition period of resettlement houses for multi-storey buildings shall not exceed 2 years, and the resettlement houses for high-rise buildings shall be subject to the construction period stipulated by the construction management department.

Forty-third demolition should be in accordance with the legal construction area of the house to be demolished to the demolition or housing tenant to pay relocation subsidies and temporary resettlement subsidies. Relocation subsidies and temporary resettlement subsidies shall be determined and published regularly by the departments of construction, housing management, price, land and comprehensive law enforcement with the corresponding cost changes.

Forty-fourth due to the responsibility of the demolition, the demolition or demolition of housing tenants to extend the transition period, according to the following standards to temporary resettlement subsidies:

If the demolished person or the lessee of the demolished house transits by himself or by his unit, the temporary resettlement subsidy will be increased according to the required standard according to the construction area of the demolished house from the overdue date; If it is overdue for less than half a year, it will rise by 25%; 50% of less than half a year overdue 1 year; Overdue 1 year less than 2 years is 75%; Overdue for more than 2 years, increase by 100%.

The increased temporary resettlement subsidy is calculated according to the above time period.

Forty-fifth demolition of cable television, cable telephone and gas, heating facilities, as well as the demolition of commercial and industrial buildings caused by the suspension of production and business compensation standards, in accordance with the relevant provisions of the local housing demolition compensation standards.

Forty-sixth the market price assessment of the demolished houses shall be conducted by a real estate price assessment institution with a real estate price assessment qualification certificate issued by the construction administrative department at or above the provincial level, and the assessment report must be signed by a full-time registered real estate appraiser.

Forty-seventh planning, land, housing management and other departments should allow housing demolition management departments, evaluation agencies and evaluators to consult the land registration materials, housing ownership registration files and related real estate transaction information of the demolition.

Forty-eighth demolition valuation point is generally the date of issuance of the "House Demolition Permit". If the demolition is large in scale and implemented in stages, the implementation date of this (segmented) house demolition is the appraisal time.

The value standard of demolition evaluation is the open market value, regardless of factors such as housing lease, mortgage and seizure.

Specific demolition assessment rules and procedures, in accordance with the "Langfang city housing demolition assessment guidance" implementation.

Chapter IV Legal Liability

Forty-ninth in violation of the relevant provisions of these rules, the relevant departments shall be punished in accordance with the relevant provisions of the State Council "Regulations on the Administration of Urban Housing Demolition" and "Measures for the Implementation of Urban Housing Demolition Management in Hebei Province".

Fiftieth demolition and related units shall strictly implement the relevant laws, regulations and provisions, and it is strictly forbidden to carry out barbaric demolition and illegal demolition, and it is strictly forbidden to take measures such as stopping water, electricity, gas, heating and traffic to force the demolition to move. Due to the brutal demolition of the demolition, resulting in the loss of life and property of the demolition, it should be compensated according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

Article 51 Whoever openly gathers people to make trouble or blocks traffic in the streets or attacks the party and government organs shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 52 If the demolition management department issues the house demolition permit and other approval documents in violation of the provisions of these Detailed Rules, or 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

Fifty-third in the urban planning area, the implementation of housing demolition on foreign land, and the need for compensation and resettlement of the demolition and housing tenants, can be implemented with reference to these rules.

Compensation for expropriation of collective land, overground houses and other attachments in urban planning areas shall be implemented in accordance with the relevant provisions of the Regulations on Land Management in Hebei Province.

Article 54 These Rules shall come into force as of February 6, 2006. These rules are not applicable to housing demolition projects that have obtained the "Housing Demolition Permit" before the implementation of these rules.

;