2019 Langfang City House Demolition Management Regulations and Demolition Compensation Standards (full text)

Detailed Implementation Rules for the Management of Urban House Demolition in Langfang City

People's Government of Langfang City, Hebei Province

Detailed Rules for the Implementation of the Management of Urban House Demolition in Langfang City

Chapter 1 General Provisions

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 the construction project, according to the "Urban House Demolition Management Regulations" of the State Council " (hereinafter referred to as the "Regulations"), "Hebei Province Urban House Demolition Management Implementation Measures" (hereinafter referred to as the "Measures") and other relevant regulations, combined with the actual situation of this city, these detailed rules are formulated.

Article 2: If houses are demolished on state-owned land within the urban planning area of ??this city and it is necessary to compensate and resettlement the demolished persons and house lessees, these detailed rules shall apply.

Article 3 The demolition of urban houses must comply with urban planning, be conducive to the transformation of old urban areas and the improvement of the ecological environment, and protect cultural relics and historic sites.

Article 4 The demolishers shall provide compensation and resettlement to the demolished persons and house lessees in accordance with the provisions of the Regulations, Measures and these Detailed Rules; the demolished persons and the lessees of the demolished houses shall Complete the relocation within the specified relocation period.

The demolisher referred to in these detailed rules refers to the unit that has obtained the "House Demolition Permit".

The persons to be demolished as mentioned in these rules refer to the owners of the houses to be demolished.

The term “house lessee” as mentioned in these rules refers to the unit or individual who has a legal leasing relationship with the person being demolished.

Article 5: The Demolition and Resettlement Office of the Langfang Municipal People’s Government is the house demolition management department of the Municipal People’s Government, which supervises and manages the city’s urban house demolition work. Its main responsibilities are:

(1) Organize the publicity and implementation of the "Regulations on the Management of Urban House Demolition" promulgated by the State Council, and formulate or participate in the formulation of relevant regulations on the management of urban house demolition in this city;

(2) Responsible for reviewing house demolition plans and demolition plans in the city, issuing "House Demolition Permits", and issuing house demolition announcements;

(3) Responsible for investigating, mediating and mediating house demolition disputes Ruling;

(4) Responsible for the supervision and management of demolition units that have obtained the "House Demolition Permit";

(5) Real estate evaluation activities and demolition compensation during the house demolition process Implement supervision and management of resettlement funds;

(6) Responsible for the management of house demolition archives;

(7) Responsible for professional training of demolition staff;

( 8) Provide professional guidance on the demolition management work of the house demolition management departments of various counties (cities) and development zones.

The departments responsible for managing house demolition work of the people's governments of each county (city) shall supervise and manage the house demolition work within their respective administrative regions.

Article 6 People’s governments at all levels and planning, land, housing management, finance, prices, industrial and commercial administration, comprehensive law enforcement, public security, justice, labor and social security, civil affairs, telecommunications, power supply, street offices, etc. Departments and units shall, in accordance with their respective responsibilities, coordinate the implementation of these rules to ensure the smooth progress of urban house demolition management.

Chapter 2 Demolition Management

Article 7 The demolisher must obtain the approval from the department responsible for managing house demolition work (hereinafter referred to as the house demolition management department) of the municipal or county (city) people’s government. Demolition can only be carried out after obtaining the "House Demolition Permit". To apply for a "House Demolition Permit", the following documents and information should be submitted to the housing demolition management department:

(1) House demolition application;

(2) Construction project approval document ;

(3) Construction land planning permit;

(4) Approval document for state-owned land use rights;

(5) Approval by the urban planning management department Demolition scope verification map and new project floor plan;

(6) Demolition plan and compensation and resettlement plan;

Demolition plan, including demolition scope, demolition method, relocation time limit, The opening and completion time of new houses, etc.

Compensation and resettlement plan, including the nature of use, property rights and area of ??the demolished houses and their attachments, the number of households and housing conditions of the demolished people, the estimated budget and payment time limit of various compensation and subsidy fees, and resettlement Housing standards and addresses, transition options and more.

(7) Qualification certificate of house demolition unit, entrustment contract for entrusted demolition;

(8) Demolition compensation and resettlement fund supervision agreement and demolition compensation issued by a financial institution that accepts deposits Proof of resettlement funds;

(9) Other materials required by laws and regulations.

The house demolition management department shall review the application matters within 20 days from the date of receipt of the application and issue a "House Demolition Permit" to those who meet the conditions.

Article 8 When issuing the "House Demolition Permit", the house demolition management department shall transfer the demolition person, demolition scope, demolition period and other matters stated in the "House Demolition Permit" to the house. Announcement in the form of demolition notice. The demolishers and demolition units shall promptly publicize and explain the demolition plans and demolition policies to the demolished persons before demolition.

Article 9 The demolisher shall carry out house demolition within the scope determined in the "House Demolition Permit" and within the demolition period.

If the scope of demolition needs to be changed, the scope of demolition can only be changed after obtaining the consent of the planning and land department, and reporting to the housing demolition management department for adjustment procedures.

If it is necessary to extend the demolition period, the demolisher shall submit an application for an extension of demolition to the housing demolition management department 15 days before the expiration of the demolition period; the housing demolition management department shall grant an extension within 10 days from the date of receipt of the application. reply.

Article 10 The demolisher may demolish the property on his own or entrust the demolition to others. Units engaged in commissioned demolition must obtain a house demolition qualification certificate in accordance with the law. Personnel engaged in house demolition work must undergo professional training before they can take up the post to engage in house demolition work.

If the demolisher entrusts demolition, he shall issue a letter of authorization to the entrusted unit and conclude a demolition entrustment contract. The demolisher shall submit the demolition entrustment contract to the local house demolition management department for record within 15 days from the conclusion of the demolition entrustment contract.

The unit engaged in entrusted demolition refers to the unit that obtains the qualification certificate for house demolition in accordance with the law, accepts the commission of the demolisher, mobilizes the demolished people for demolition, organizes the signing and implementation of compensation and resettlement agreements, and organizes the demolition of houses and their attachments. unit. The entrusted demolition unit shall not transfer the demolition business.

The house demolition management department shall not act as the demolisher and shall not accept the demolition entrustment.

Article 11: The house demolition management department shall strengthen the management of the house demolition market. The demolisher shall entrust a demolition unit with good social reputation and strong service awareness to carry out the demolition. House demolition should gradually adopt the method of bidding to determine the demolition unit.

Article 12 After the "House Demolition Permit" is issued, units and individuals within the scope of demolition shall not engage in the following activities:

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

(2) Sale, exchange, property division, donation, mortgage, lease of houses;

(3) Change of house and land use;

(4) Apply for industrial and commercial business license.

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

Article 13 Within the demolition period specified in the house demolition announcement, the demolisher and the demolished shall sign a house demolition compensation and resettlement agreement in accordance with the provisions of these detailed rules. The agreement should specify the following contents:

(1) The location, ownership, area, structure and purpose of the demolished house;

(2) Compensation method and amount, payment Method and payment period;

(3) The location, area, price and settlement method of resettlement houses for property rights exchange;

(4) Relocation period, transition method and transition period, each The amount and time of payment of subsidy;

(5) Liability for breach of contract;

(6) Other matters that the demolition parties think should be agreed upon.

When demolishing a leased house, the demolisher shall enter into a demolition compensation and resettlement agreement with the person being demolished and the lessee of the house.

The compensation and resettlement agreement can be notarized by the notary department. When demolishing a house managed in accordance with the law, the compensation and resettlement agreement must be notarized by the notary department, and evidence preservation must be carried out.

Article 14 The ownership, area, structure, etc. of the demolished house shall be confirmed based on the matters stated in the "House Ownership Certificate"; if not indicated, the matters stated in the property rights file of the demolished house shall be used as the confirmation. allow.

The purpose of the demolished house shall be determined according to the purpose registered in the "House Ownership Certificate" and "State-owned Land Use Certificate" obtained in accordance with the law. If the purpose of the house is not registered in the "House Ownership Certificate" or "State-owned Land Use Certificate", it shall be determined according to the purpose specified in the "Construction Project Planning Permit" issued by the urban planning department or determined by the urban planning department.

Article 15: After the demolition compensation and resettlement agreement is signed, if the demolished person or the house lessee refuses to relocate within the relocation period, the demolisher may file a lawsuit in the People's Court in accordance with the law. During the litigation period, the demolisher may apply to the People's Court for first execution in accordance with the law.

Article 16 If the demolisher and the person being demolished or the demolisher, the person being demolished and the lessee fail to reach an agreement on compensation and resettlement for demolition, the decision shall be made by the house demolition management department upon application by the parties concerned. The house demolition management department belongs to the people being demolished and shall be adjudicated by the people's government at the same level. After the award is accepted, mediation may be carried out first. If the mediation fails, the award shall be made within 30 days from the date of receipt of the application.

If the number of households that have not reached a demolition compensation and resettlement agreement is more than 30, or the number of households that have not reached a demolition compensation and resettlement agreement accounts for more than 25% of the total number of households to be demolished, the housing demolition management department shall, before accepting the ruling application, There should be a hearing.

If the parties concerned are dissatisfied with the administrative ruling, they may apply for administrative reconsideration or file a lawsuit with the People's Court in accordance with the law. If the demolisher has provided monetary compensation or provided resettlement housing or turnover housing to the demolished persons or house lessees in accordance with the provisions of these detailed rules, the execution of the demolition will not be suspended during reconsideration.

Article 17 If the person being demolished or the lessee of the house fails to relocate within the relocation period stipulated in the ruling, the people's government of the place where the house is located shall instruct the relevant departments to force the demolition, or the housing demolition management department shall apply to the People's Court in accordance with the law. Forced demolition.

Before applying for administrative compulsory demolition, the house demolition management department should invite relevant management departments, representatives of the demolition parties, and representatives with social credibility to discuss the basis, procedures, and calculation basis for compensation and resettlement standards for administrative compulsory demolition. The content will be heard.

The house demolition management department’s application for administrative compulsory demolition must be subject to collective discussion and decision by the department heads before submitting an application for administrative compulsory demolition to the government. Administrative compulsory demolition shall not be implemented without administrative ruling.

Before implementing compulsory demolition, the demolisher shall apply to the notary public for evidence preservation on matters related to the demolished house.

Article 18 The procedures for administrative adjudication shall be implemented in accordance with the "Working Procedures for Administrative Adjudication of Urban Housing" of the Ministry of Construction.

Relevant hearings, administrative rulings, evidence preservation and other procedures should be strictly followed when demolishing houses. In particular, it is necessary to implement the publicity system for demolition assessment results, and implement the administrative ruling hearing and administrative compulsory demolition hearing systems in accordance with relevant regulations to ensure that demolition is open, fair and equitable.

Article 19 When compulsory demolition is carried out, the unit where the person subject to execution belongs and the grassroots organization where the house is to be demolished shall send people to assist in the execution; the person subject to execution shall go to the scene. If he refuses to go to the scene, the compulsory demolition shall continue as usual. The execution shall be carried out; the property of the person subject to execution transported to the designated place shall be handed over to the person subject to execution for acceptance. If the person subject to execution refuses to accept it and causes losses, the person subject to execution shall bear the responsibility; the enforcement agency shall record the process of compulsory execution and the relocated property in the record. , it shall be signed or sealed by the executing person, the person subject to execution and other persons present. If the person subject to execution refuses to sign or seal, it shall be deemed valid if it is signed and sealed by the executing person and other persons present. The costs incurred in forced demolition shall be borne by the person subject to execution.

Article 20 If the transfer of a construction project that has not yet completed demolition, compensation and resettlement shall be provided with relevant documents and information, and after review and approval by the house demolition management department, the procedures for changing the house demolition license and the original demolition compensation and resettlement agreement shall be processed. The relevant rights and obligations are subsequently transferred to the transferee. The project transferor and transferee shall notify the demolished persons in writing and make an announcement within 30 days from the date of signing the transfer contract.

Fund supervision issues after the transfer of construction projects that have not yet completed demolition compensation and resettlement shall be implemented in accordance with the relevant provisions of the "Langfang City Urban House Demolition Compensation and Resettlement Fund Supervision and Management Measures".

Article 21 Before the demolition is carried out, the demolisher shall entrust a demolition assessment agency to conduct an overall assessment of the demolition project, conduct a house-to-house assessment of the demolished houses, and report the results within 15 days after the issuance of the assessment results. Registration with the housing demolition management department.

Article 22: In order to effectively protect the legitimate rights and interests of the demolition parties, a system for the use of house demolition compensation and resettlement funds with mutual constraints between the demolition management department, financial institutions and demolishers shall be established. The deposit, withdrawal and use of demolition compensation and resettlement funds shall be implemented in accordance with the relevant provisions of the "Langfang City Urban House Demolition Compensation and Resettlement Fund Supervision and Management Measures".

Article 23: House demolition involving military facilities, churches, temples, cultural relics and historic sites, and famous and ancient trees shall be handled in accordance with relevant laws and regulations.

Article 24 The demolisher shall submit an acceptance application to the house demolition management department within 3 days from the date of completion of the demolition work. After passing the inspection and issuing the demolition acceptance certificate, the relevant departments can handle the permit procedures for starting construction.

Article 25: The house demolition management department shall establish and improve the house demolition archives management system and standardize the management of house demolition archives.

Chapter 3 Demolition Compensation and Resettlement

Article 26 No compensation will be provided for demolition of illegal buildings and temporary buildings that have exceeded the approved period in accordance with the law; temporary buildings that have not exceeded the approved period will be demolished. , compensation will be given based on the replacement price combined with the remaining years.

The identification of illegal buildings shall be made by the urban planning department where they are located in accordance with the relevant provisions of the "Urban Planning Law of the People's Republic of China".

Article 27 Compensation for demolition can be either monetary compensation or property rights exchange.

In addition to the provisions of Paragraph 2 of Article 31 and Paragraph 2 of Article 32 of these detailed rules, the demolished persons may choose the demolition compensation and resettlement method.

Article 28 The amount of monetary compensation can be determined by the demolisher and the person being demolished through negotiation based on the location, use, structure, building area and other factors of the house to be demolished; If negotiation fails within the specified period, the real estate market appraisal price will be determined.

Article 29: When house property rights are exchanged, the demolisher and the person being demolished shall settle the price difference of the property rights exchange based on the monetary compensation amount of the demolished house and the real estate market price of the resettled house.

Article 30 The demolisher shall provide houses that meet national quality and safety standards for demolition and resettlement. If the newly built houses in the demolition area have the same use characteristics as the demolished houses, priority shall be given to the resettlement of the demolished persons who request property rights exchange in the demolition area.

If resettlement is carried out in another place, the resettlement should be done in one go. For houses subject to property rights exchange, the demolisher shall provide all the information required for property rights processing.

If monetary compensation is implemented, the demolisher shall submit the "House Ownership Certificate" of the demolished house to the housing management department for cancellation.

Article 31 If a building used for public welfare is demolished, the demolisher shall reconstruct it or provide monetary compensation in accordance with the provisions of relevant laws and regulations and the requirements of urban planning.

When the attachments of non-public welfare houses are demolished, the property rights will not be exchanged, and the demolisher will provide monetary compensation based on the assessed price.

Article 32: When a leased house is demolished and the lease relationship is terminated between the person being demolished and the lessee of the house, or the person being demolished resettles the lessee, the demolisher shall compensate the person being demolished.

If the demolished person and the house lessee cannot reach an agreement on the termination of the lease relationship, the demolisher shall exchange the property rights of the house for the demolished person. The house whose property rights are exchanged shall be rented by the original lessee, and the demolished person shall enter into a new house lease contract with the original lessee.

Article 33 If the demolished person chooses the property rights exchange method and fails to pay the price difference of the house property rights exchange and fails to reach a compensation and resettlement agreement with the demolisher, the demolisher can use the monetary compensation of the demolished house to purchase, etc. The demolished persons or house lessees shall be resettled with houses worth a certain amount, and the house leasing contract shall be re-established.

Article 34: When demolishing residential houses purchased at the standard price for urban housing system reform, the demolisher shall notify the house selling unit in advance. If the demolished person requests monetary compensation, the demolisher shall provide compensation according to the property rights ratio stated in the "House Ownership Certificate"; if the demolished person requests property rights exchange, the property rights ratio shall be indicated when the resettlement house is registered for property rights.

Article 35 The demolition of public residential houses directly managed by the real estate management department and public residential houses managed by the units shall be handled in accordance with the following provisions:

(1) Publicly owned residential houses can be demolished According to the housing reform policy, it is sold to the house lessee. After the house lessee purchases the current house, he will be the demolished person and be compensated by the demolisher.

(2) The demolished person can acquire the right to use the public residential house enjoyed by the lessee through negotiation, terminate the lease relationship with the house lessee, and the demolisher will compensate the demolished person.

(3) If the demolished person resettles the house lessee in another place, the demolisher shall compensate the demolished person.

The area and use functions of the off-site resettlement houses provided by the demolished persons shall be no less than the area and use functions of the demolished houses. Both parties should re-enter the house rental contract.

Article 36: If public rental non-residential houses are demolished and the demolished party has resettled the lessees, monetary compensation will be implemented. If the property rights are exchanged, the resettlement house of equivalent value will be purchased with the monetary compensation for the house of the demolished person, and the tenant will be resettled by the demolished person, and the lease relationship will continue to be maintained.

Article 37 The demolished persons or house lessees are orphans, old people, disabled persons, orphans and young people, and those who enjoy the minimum social security fund for urban residents issued by the civil affairs department, and do not have housing elsewhere, and need to stay here for a long time. If they live there, based on relevant certificates, the demolishers shall provide care or use the monetary compensation of the demolished houses to purchase houses of equivalent value for resettlement.

The area and use functions of resettlement houses of equivalent value provided by the demolition party shall not be less than the area and use functions of the houses to be demolished.

Article 38 If municipal public facilities within the scope of demolition need to be demolished, the demolisher shall declare to the relevant departments, obtain approval and provide compensation in accordance with relevant regulations. The required relocation costs shall be borne by the demolisher. Relevant departments shall not delay the demolition with any excuses.

Article 39: When demolishing a house with unclear property rights, the demolisher shall propose a compensation and resettlement plan and submit it to the housing demolition management department for review and approval before implementation of the demolition. Before demolition, the demolisher shall apply to the notary public for evidence preservation on matters related to the house to be demolished.

Article 40 The demolition of houses with mortgage rights shall be carried out in accordance with the national laws and regulations on guarantees and the Ministry of Construction's "Urban Real Estate Mortgage Management Measures".

Article 41: The lower floors of housing should take care of the elderly or disabled. Resettlement housing allocation adheres to the principles of fairness and justice.

Article 42 If the resettlement houses for the demolished persons or the lessees of the demolished houses cannot be provided at once, a transitional method may be adopted. If the resettlement house is a multi-story building, the transition period shall not exceed 2 years. If the resettlement house is a high-rise building, the construction period stipulated by the construction management department shall prevail.

Article 43 The demolisher shall pay relocation subsidies and temporary resettlement subsidies to the demolished persons or house lessees according to the legal construction area of ??the demolished houses. Relocation subsidies and temporary resettlement subsidies will be determined and announced regularly by the construction, housing management, price, land, comprehensive law enforcement and other departments as the corresponding costs change.

Article 44 If the demolished person or the lessee of the demolished house extends the transition period due to the responsibility of the demolisher, an additional temporary resettlement subsidy shall be issued according to the following standards:

Demolished If the person or the lessee of the demolished house makes the transition on his own or his unit arranges the transition, the temporary resettlement subsidy will be increased based on the prescribed standard and the construction area of ??the demolished house from the date of overdue; if it is overdue for less than six months, the temporary resettlement subsidy will be increased by 25%; if it is overdue, it will be increased by 25%; If the payment is overdue for more than half a year but less than 1 year, the increase will be 50%; if it is overdue for 1 year but less than 2 years, the increase will be 75%; if it is overdue for more than 2 years, the increase will be 100%.

The increased temporary resettlement subsidy will be calculated based on the above time periods.

Article 45: The compensation standards for the suspension of production and business caused by the demolition of cable TV, wired telephones, gas and heating facilities, as well as the demolition of commercial and industrial buildings shall be determined in accordance with the relevant regulations on local house demolition compensation standards.

Article 46 The real estate market price assessment of demolished houses shall be conducted by a real estate price assessment agency with a "Real Estate Price Assessment Qualification Certificate" issued by the construction administrative department at or above the provincial level, and the assessment report shall be issued Must be signed by a professional registered real estate appraiser.

Article 47 Planning, land, housing management and other departments shall allow house demolition management departments, evaluation agencies and evaluators to access the land registration information, house ownership registration files and relevant real estate transaction information of the demolished persons. .

Article 48 The time point for demolition valuation is generally the date when the "House Demolition Permit" is issued. If the demolition is large-scale and is carried out in phases, the valuation date will be the date when the house demolition in the current period (section) is carried out.

The value standard for demolition assessment is the open market value, without considering the impact of factors such as house leasing, mortgage, and seizure.

The specific rules and procedures for demolition assessment shall be implemented in accordance with the "Guiding Opinions on Assessment of Urban House Demolition in Langfang City".

Chapter 4 Legal Responsibilities

Article 49 Violations of the relevant provisions of these rules will be handled by relevant departments in accordance with the State Council's "Urban House Demolition Management Regulations" and "Hebei Province Urban House Demolition Management Regulations" Penalties will be imposed according to the Implementation Measures and other relevant provisions.

Article 50 The demolishers and relevant units shall strictly implement relevant laws, regulations and provisions, and it is strictly prohibited to use brutal demolition and illegal demolition, and it is strictly prohibited to use means such as water, power, gas, heating, and traffic obstruction. , forcing the demolished residents to relocate. If the demolishers cause loss of life and property to the demolished persons due to their brutal demolition, they shall be compensated in accordance with the law; if the circumstances are serious enough to constitute a crime, criminal liability shall be investigated in accordance with the law.

Article 51: Anyone who publicly gathers to cause trouble, blocks traffic on the streets, or attacks party and government agencies shall be subject to administrative penalties in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 52 The demolition management department violates the provisions of these rules by issuing a "House Demolition Permit" and other approval documents, or fails to perform its supervision and management responsibilities after issuing a "House Demolition Permit" and other approval documents. , or if illegal acts are not investigated and punished, administrative sanctions shall be imposed on the directly responsible person in charge and other directly responsible personnel in accordance with the law; if the circumstances are serious, causing heavy losses to public property, the interests of the country and the people, and constituting a crime, they shall be investigated in accordance with the law. criminal responsibility.

Chapter 5 Supplementary Provisions

Article 53 House demolition is carried out on state-owned land outside the urban planning area and it is necessary to compensate and resettle the demolished persons and house lessees. , can be implemented with reference to these rules.

Compensation for the requisition of collective land, houses and other attachments on the ground in urban planning areas shall be carried out in accordance with the relevant provisions of the "Hebei Province Land Management Regulations".

Article 54: These detailed rules shall come into effect on February 1, 2006. These rules are not applicable to house demolition projects that have obtained a "House Demolition Permit" before the implementation of these rules. ;