Kunming city demolition compensation standard, Kunming city demolition and old city reconstruction compensation regulations

County, District People's governments, municipal government committees and bureaus, national and provincial development (holiday) parks:

"Guiding Opinions on Compensation and Resettlement for House Demolition on Collective Land in Kunming" has been agreed by the Municipal People's Government and is hereby issued to you, please implement it carefully.

General Office of Kunming Municipal People's Government

June 65438, 2009

Guiding opinions on compensation and resettlement of house demolition on collective land in Kunming

Article 1 In order to standardize the compensation and resettlement work for house demolition on collective land, safeguard the legitimate rights and interests of the parties involved in the demolition, and ensure the smooth progress of the compensation and resettlement work and urban renewal and transformation projects, according to the Urban and Rural Planning Law of People's Republic of China (PRC), the Land Administration Law of the People's Republic of China (hereinafter referred to as the Land Law), the Regulations for the Implementation of the Land Administration Law of the People's Republic of China and the Regulations on Land Administration of Yunnan Province.

Article 2 When Wuhua District, Panlong District, Guandu District, Xishan District and three state-level development (holiday) areas implement urban renewal and transformation in built-up areas (villages in cities, old residential areas and old factories, hereinafter referred to as urban renewal and transformation), these Guiding Opinions shall apply to the compensation and resettlement for house demolition on collective land.

Article 3 The compensation and resettlement for house demolition on collective land shall be announced by the district government and the administrative committees of three national development (holiday) areas (hereinafter referred to as the district government) according to the scope of urban renewal and transformation and the procedures for land acquisition and demolition of collective land.

The government of the jurisdiction and the implementation unit of land acquisition and demolition shall do a good job in the publicity and interpretation of land acquisition, demolition and compensation and resettlement.

Article 4 The implementation unit of land acquisition and demolition shall publish relevant laws, regulations and policies, compensation and resettlement scheme and reward standard for land acquisition and demolition, sample compensation and resettlement agreement for land acquisition and demolition, working system for house demolition, list of demolition staff, supervision and reporting department and telephone number, etc. In the streets, communities and construction sites involved, let the demolished people fully understand the compensation and resettlement policies for land acquisition and demolition and their rights and obligations.

The implementation unit of land acquisition and demolition shall, in accordance with the principle of "openness, fairness and justice", strengthen the publicity of compensation and resettlement policies for land acquisition and demolition, strictly implement the compensation and resettlement plan for house demolition on collective land, and shall not raise or lower the compensation and resettlement standards without authorization.

Article 5 The principle of compensation and resettlement for house demolition

(a) the government under the jurisdiction shall, in accordance with this guidance and the actual situation of different districts and villages (groups), formulate a scientific and reasonable compensation and resettlement plan for land acquisition and demolition in accordance with the method of "one village, one policy" to ensure fairness, justice and rationality of compensation and resettlement.

(2) The compensation for house demolition on the homestead is based on the principle of "integration of real estate and premises", that is, the value of "integration of real estate and premises" is used for the compensation and resettlement of the demolished houses and the land occupied by the houses on each homestead. "Integration of real estate and premises" refers to the land occupied by the house and the bottom floor of the house.

(three) houses on rural collective land, belonging to the homestead building, are all recognized as residential compensation and resettlement. If the original residence is changed to business use, compensation and resettlement will still be carried out according to the residential identification.

(four) compensation for house demolition on the homestead, monetary compensation, housing property rights exchange, monetary compensation and housing property rights exchange in three ways.

(five) illegal buildings and temporary buildings that exceed the approved period, as well as houses built or added illegally after the announcement, shall not be compensated.

(six) within the prescribed period of relocation incentives, actively cooperate with the housing demolition work, according to the relocation time to enjoy the corresponding subsidies and incentives.

(seven) the demolition of housing demolition compensation matters, shall provide the following documents with legal effect:

1. Property ownership certificate, land use certificate, household registration book, ID card and other related materials;

2. The building on the homestead shall issue building permits, land use permit procedures, village (neighborhood) group certificates, original residence certificates of townships, towns and offices and other related materials.

Article 6 Determination of the area of demolished houses

(a) the area of the homestead is determined according to the area approved by the land department or the area specified in the complete homestead examination and approval procedures.

(two) the housing area on the homestead, the area approved by the land department or the area with complete procedures for the examination and approval of the homestead as the basement area, and the basement area as the basis to calculate to four floors. After calculation, it is determined according to the principle that the building area does not exceed 300m2 and the number of building floors does not exceed four. If the area is not specified in the procedures for examination and approval of the homestead, a professional surveying and mapping company will conduct surveying and mapping on each house on the homestead, and the project implementation subject, the demolished person, the village (neighborhood) people's group and the surveying and mapping company will conduct four-party visa confirmation.

Before the announcement of the Notice of Kunming Municipal People's Government on Strengthening the Management of Rural Houses and Prohibiting Illegal Overlaying (Kunfa [2006] No.24) on May 1 1 2006, the houses that have already handled the house ownership certificate can also be identified according to the area of the certificate.

(III) Houses with complete procedures for the examination and approval of homestead shall be recognized as "one room" according to the three-level examination and approval of villagers' groups, community neighborhood committees and neighborhood offices or the building certificate, that is, "each house shall be recognized according to the standard that the construction area does not exceed 300m2 and the number of building floors does not exceed four".

1. If the floor reaches four floors and the area exceeds 300㎡, it shall be calculated as 300㎡;

2. If the floor reaches four floors and the area does not exceed 300㎡, it shall be calculated according to the actual area below four floors;

3. If the floor does not reach four floors and the area exceeds 300m2, it shall be calculated as 300m2;

4. If the floor does not reach four floors and the area does not exceed 300㎡, it shall be calculated according to the actual area.

(4) makeup policy. Each house with no more than four floors and a construction area of 300㎡ shall be counted as four floors according to the ground floor construction area. If it exceeds 300m2 after calculation, the actual construction area subsidy shall be deducted from 300m2; If it is not more than 300㎡, it will be subsidized according to the difference between the area below four floors and the actual construction area. (See attached table 1 for details) (table attached)

Seventh houses on the demolished homestead shall be compensated in accordance with the principle of "integration of real estate and premises".

People who are demolished can choose monetary compensation or house property right exchange, or monetary compensation plus house property right exchange, and make compensation and resettlement according to the identified area. The person to be demolished can choose one of them.

(A) monetary compensation standards

If the demolished person chooses monetary compensation, he will make one-time monetary compensation in the form of "integration of real estate" according to the identified area. The government of the jurisdiction shall refer to Schedule 2 (the form is attached to this article) and formulate specific standards according to the actual situation of the jurisdiction.

(2) Housing property rights exchange

If the demolished person chooses to exchange the property rights of the house, the construction area identified in accordance with Article 6 of these Guiding Opinions shall be resettled in accordance with 1: 1. And calculate and settle the difference between the value of the demolished house and the value of the house used for property right exchange with the demolished person.

(3) For houses with legal construction approval documents before the issuance of the Notice, the part with more than four floors and a construction area of more than 300m2 (including indoor and outdoor decoration) shall be implemented with reference to Schedule 3.

(four) rural collective economic organizations, units or individuals in rural collective land rental housing for production, living, storage, business, office and ancillary facilities construction, with reference to Schedule 3 (format attached) standard to give a one-time monetary compensation; Without legal procedures, no compensation will be given.

(V) Decoration compensation standard

The compensation for the decoration of the demolished houses shall be given a one-time monetary decoration compensation in accordance with the identified area. The compensation standard shall be implemented with reference to Schedule 4 (attached form).

(6) Compensation standard for ancillary facilities

Compensation for the related ancillary facilities of the demolished houses shall be made by the government of the jurisdiction in combination with the actual situation of each district, with reference to Schedule 5 (attached), and corresponding standards shall be formulated to give one-time monetary compensation.

Eighth temporary resettlement fees, relocation fees of demolished houses.

(1) Temporary resettlement fee

The government of the jurisdiction shall, with reference to Schedule 6 (the form is attached to this article), formulate corresponding standards according to the rental price of the same type of housing market in the same region.

1. The temporary resettlement fee for monetary compensation shall be calculated and paid for 3 months at one time according to the principle that the construction area does not exceed 300m2.

2. Select the temporary resettlement fee for the property right exchange of the house, and calculate the temporary resettlement fee according to the construction area of the property right exchange. After the house being demolished is vacated for inspection, it shall be calculated at least once every 6 months. The implementation unit of land acquisition and demolition shall pay the temporary resettlement fee to the demolished person in accordance with the transitional resettlement period determined by the demolition compensation agreement, and the demolished person shall solve the transitional housing by himself during the transitional period. For houses that have been resettled beyond the transitional period, temporary resettlement fees shall be paid to those who have been demolished within three months from the overdue month to the delivery date of the property right exchange house, according to twice the original agreed standard.

3. If the household head and immediate family members of the house to be demolished are disabled, the temporary resettlement subsidy will be increased by 20% per household.

(2) Relocation expenses

1. Choose the house with monetary compensation, and pay 2,000 yuan per household; Choose the house property right exchange method, pay 3000 yuan/household.

2. Rural collective economic organizations, units or individuals who rent rural collective land to build houses and ancillary facilities for production, living, storage, commerce and office shall be compensated according to the facts after cost evaluation by professional cost or evaluation companies.

3. Relocation incentive fee. Under the jurisdiction of the government according to the actual situation of different districts, formulate incentives and standards, in the provisions of the relocation incentive period (time) to sign the relocation compensation agreement and complete the demolition of residential housing relocation delivery, give appropriate incentives to each household.

Ninth compensation standards for economic trees, operating nurseries and graves on collective land.

(a) the collective property economic forest land, with reference to the relevant provisions of the state compensation;

(two) the compensation fee and relocation fee for economic forest seedlings in the operating nursery within the scope of land acquisition shall be determined by the parties involved in the demolition through consultation; If negotiation fails, it shall be assessed and determined by an independent third-party price assessment agency;

(three) the relocation of graves within the scope of land acquisition and demolition, according to 4500 yuan/seat compensation.

Article 10 Special hardship allowance

Before the announcement, the householder and his immediate family members of the demolished residents shall provide corresponding valid certificates and certificates in any of the following circumstances. Each household can enjoy a one-time subsidy of no more than 5000 yuan.

1. Five guarantees;

2. Widowed elderly people raised by civil affairs departments;

3. Family members of martyrs;

4. Urban and rural low-income households;

5. Disabled people.

Eleventh land acquisition and demolition implementation units and the demolition should be in accordance with the guidance, on the way of compensation, compensation amount, payment period, location, area, relocation costs, temporary resettlement costs, relocation period and transition period and other matters to negotiate.

Twelfth land acquisition and demolition units and the demolition of people failed to reach a compensation agreement within the signing period determined by the compensation and resettlement plan for land acquisition and demolition, and the local government shall coordinate and solve it. If the coordination fails, it shall be decided by the people's government that approved the land acquisition.

Article 13 After signing the compensation and resettlement agreement for land acquisition and demolition, the demolished person shall submit the original ownership certificates such as land use right certificate and house ownership certificate to the project implementer, and the project implementer shall go through the cancellation registration formalities with the land department and real estate management department with the above-mentioned relevant warrants.

Fourteenth need to separate collective land (including patio) compensation standards, according to the "Kunming urban renewal and transformation of land compensation guidance" implementation.

Article 15 Where compensation and resettlement for house demolition on collective land are implemented in other counties (cities) and Wuhua, Panlong, Guandu, Xishan and three national development (holiday) areas outside the scope of application of these guiding opinions, the people's government of the county (city) district shall formulate specific plans and standards according to the guiding opinions and the actual situation of the county (city) district.

Article 16 Matters not covered in this Guidance shall be implemented in accordance with the Urban and Rural Planning Law of People's Republic of China (PRC), the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, the Regulations on Land Administration of Yunnan Province, and the Notice of Kunming Municipal People's Government on Strengthening the Management of Rural Houses and Prohibiting Illegal Stories.

Seventeenth this guidance by the Kunming Municipal Housing and Urban-Rural Development Bureau, Kunming old city reconstruction office is responsible for the interpretation of.

Eighteenth this guidance shall come into force as of the date of issuance. The Notice of the General Office of Kunming Municipal People's Government on Printing and Distributing the Administrative Measures for the Demolition and Resettlement of Collective Land Houses in the Main Urban Area of Kunming (No.53 [2009] of Kun Zhengban) shall be abolished at the same time. Projects that have been implemented before the implementation of this guidance are still implemented according to the original relevant regulations and standards.

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