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

Chapter 1 General Provisions

Chapter 2 Demolition Management

Chapter 3 Demolition Compensation and Resettlement

Chapter 4 Legal Responsibilities

Chapter 5 Supplementary Provisions

Discussed at the second executive meeting of the municipal government on March 5, 2004, and approved by the Standing Committee of the Fifth Tieling Municipal People’s Congress It was reviewed and approved at the second meeting of the committee and is hereby issued and shall come into effect on June 1, 2004.

April 30, 2004

Chapter 1 General Provisions

Article 1 In order to strengthen the management of urban house demolition and safeguard the legitimate rights and interests of the parties involved in the demolition To ensure the smooth progress of construction projects, these measures are formulated in accordance with the State Council's "Urban House Demolition Management Regulations" and "Liaoning Province Urban House Demolition Management Measures" and in conjunction with the actual situation of our city.

Article 2 If houses are demolished on state-owned land within the urban planning area of ??our city and it is necessary to compensate and resettle the demolished persons, these measures shall apply.

Article 3 The demolisher referred to in these Measures refers to the unit that has obtained the house demolition permit.

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

The term “house lessee” as mentioned in these Measures refers to units and individuals that have a legal lease relationship with the house owner.

Article 4 The Tieling City Urban and Rural Planning and Construction Committee is the city’s urban house demolition management department (hereinafter referred to as the house demolition management department). It supervises and manages the city’s urban house demolition work, and entrusts the specific work to its affiliated houses. The demolition management office is responsible.

The departments responsible for house demolition of each county (city) and Qinghe District People's Government shall supervise and manage the urban house demolition within their respective administrative regions; the supervision and management of house demolition in Yinzhou District and Tieling Economic Development Zone The city's housing demolition management department is responsible for the work.

Relevant departments of the municipal government shall cooperate with each other in accordance with the provisions of these measures to ensure the smooth progress of the house demolition work.

The land administration department shall be responsible for land management related to house demolition in accordance with relevant laws, regulations and rules.

Article 5 Urban house demolition 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 6 The house demolition management department shall work with relevant departments to establish and improve the house demolition publicity system, petition reception system, responsibility commitment system, reporting system, supervision system, and accountability system.

Chapter 2 Demolition Management

Article 7 The unit demolishing houses can only carry out demolition after obtaining a house demolition permit.

Article 8 The unit that demolishes a house shall submit an application to the house demolition management department where the house is located with the following materials:

(1) Construction project approval document;

(2) Construction land planning permit;

(3) State-owned land use right approval document;

(4) Demolition plan and demolition plan;

(5) Deposit certificate of demolition compensation and resettlement funds issued by the financial institution that handles deposit business;

(6) Other information stipulated by laws, regulations and rules.

The house demolition management department shall review the application matters within 30 days from the date of receipt of the application, and issue a house demolition permit if the conditions are met.

Article 9 When issuing a house demolition permit, the house demolition management department shall publish the demolition person, demolition scope, demolition period and other matters stated in the house demolition permit in the form of a house demolition announcement. be announced.

The house demolition management department and the demolishers should do a good job of publicity and explanation to the demolished people in a timely manner.

The demolisher or the entrusted demolition unit shall register the number of units and households, house area, family size, etc. in the demolition area.

The registration form shall be signed by both parties and submitted to the notary office for notarization.

Article 10 The demolisher shall carry out house demolition within the demolition scope and demolition period specified in the house demolition permit.

If the demolisher fails to complete the demolition within the prescribed time limit and needs to extend the demolition period, the demolisher shall submit an application for extension of demolition to the housing demolition management department that issued the house demolition permit 15 days before the expiration of the demolition period; The house demolition management department shall provide a reply within 10 days from the date of receipt of the application for extension of demolition.

The demolition period shall be determined by the house demolition management department based on the scale of demolition and the nature of the demolition project.

Article 11 After the scope of demolition is determined, units and individuals within the scope of demolition shall not engage in the following activities:

(1) Build, expand or renovate houses;

(2) Changing the use of houses and land;

(3) Leasing houses.

The house demolition management department shall notify the relevant departments in writing to suspend the relevant procedures regarding the matters listed in the preceding paragraph. The written notice of suspension shall specify the suspension period, which shall not exceed one year at most; the demolisher shall If the suspension period needs to be extended, it must be approved by the housing demolition management department, and the extension of the suspension period shall not exceed one year.

Article 12 The demolisher may demolish the property by himself or entrust a unit with demolition qualifications to carry out the demolition.

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

Article 13 If the demolisher entrusts demolition, he shall issue a letter of entrustment to the entrusted demolition unit and conclude a demolition entrustment contract. The demolisher shall, within 15 days from the date of conclusion of the demolition entrustment contract, report the demolition entrustment contract to the housing demolition management department for filing.

The entrusted demolition unit shall not transfer the demolition business.

Article 14 The demolition unit shall meet the following conditions:

(1) Have a clear name, organizational structure and fixed office space;

(2) ) Have enterprise legal person status;

(3) Have funds and technical, economic and financial management personnel suitable for undertaking house demolition business;

(4) Laws, regulations and rules Other conditions specified.

The management of house demolition construction operations shall be carried out in accordance with relevant regulations on construction.

Article 15 Personnel engaged in house demolition business shall undergo professional training and assessment by the urban house demolition management department and be proficient in laws, regulations, policies and business knowledge related to demolition.

Article 16 The demolisher shall enter into a written demolition compensation and resettlement agreement with the demolished persons in accordance with the provisions of these Measures. If monetary compensation is implemented, the agreement should stipulate the amount of demolition compensation, payment method, payment period, relocation period, liability for breach of contract, and other content that needs to be agreed; if property rights exchange is implemented, the agreement should stipulate the location of the house to be exchanged, the area of ??the house, and the property rights exchange. The payment period of the price difference, the amount and payment period of relocation subsidy and temporary resettlement subsidy, the resettlement of the original house lessee, and other contents that need to 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 demolition compensation and resettlement agreement should use the model text formulated uniformly by the province.

Article 17 The demolishers and the commissioned demolition units shall not use intimidation, coercion, or means such as water, power, gas, or heat supply to force the demolished persons to relocate or Organizing forced demolitions without authorization.

Article 18 If the houses managed by the house demolition management department need to be demolished, the demolition compensation and resettlement agreement must be notarized by the notary authority. The house demolition management department shall handle matters related to the demolished houses to the notary authority. Evidence preservation.

Article 19 After the demolition compensation and resettlement agreement is concluded, the demolisher shall handle the cancellation registration procedures for the property rights of the demolished houses within 30 days in accordance with the law.

Article 20 After the demolition compensation and resettlement agreement is concluded, if the demolished person or the house lessee refuses to relocate within the relocation period, the demolisher may apply to the arbitration committee for arbitration in accordance with the law, or may sue 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 21 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. The ruling shall be made within 30 days from the date of receipt of the application. The relocation period specified in the administrative ruling shall not be less than 15 days.

If the party concerned is dissatisfied with the ruling, he may apply for administrative review within 60 days from the date of delivery of the ruling, or he may file a lawsuit with the People's Court within 3 months from the date of delivery of the ruling. If the demolisher has provided monetary compensation to the demolished persons or provided housing for demolition resettlement or turnover in accordance with the provisions of these Measures, the execution of the demolition will not be suspended during the administrative review or administrative litigation.

House demolition adjudication is carried out in accordance with the Ministry of Construction's "Working Procedures for Administrative Adjudication of Urban House Demolition" (Jianshefang [2003] No. 252).

Article 22 If the demolished person or the lessee of the house fails to relocate within the relocation period specified in the ruling, the people's government of the city, county (city) district where the house is located shall instruct the relevant departments to forcibly demolish the house, or The housing demolition management department shall apply to the People's Court for compulsory demolition in accordance with the law.

If the municipal, county (city) district people's government instructs relevant departments to carry out compulsory demolition, the house demolition management department shall notify the demolished persons 15 days in advance.

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

Compulsory demolition is carried out in accordance with the Ministry of Construction's "Working Procedures for Administrative Adjudication of Urban House Demolition".

Article 23 The demolition involving military facilities, churches, temples, cultural relics and historic buildings shall be handled in accordance with the provisions of relevant laws, regulations and rules.

Article 24 If the house demolition rights are transferred according to law within the demolition period, the house demolition management department must obtain the consent of the house demolition management department and go through the procedures for changing the house demolition license. The house demolition management department shall announce the relevant contents of the changed house demolition permit.

If the transferor of house demolition rights fails to complete the relevant obligations specified in the demolition compensation and resettlement agreement or award, the transferee shall continue to perform the tasks. The transferor and transferee shall notify the demolished person in writing of the relevant circumstances of the transfer.

Article 25 The compensation and resettlement funds used by the demolishers for house demolition shall all be used for the compensation and resettlement of house demolition and shall not be used for other purposes. Demolition compensation and resettlement funds shall be deposited into the special accounts for demolition compensation funds opened by the demolition management department in various financial institutions.

The house demolition management department should sign a supervision agreement on the use of demolition compensation and resettlement funds with the demolishers and the financial institutions that issue deposit certificates for demolition compensation and resettlement funds, clarifying the procedures for the use of demolition compensation and resettlement funds, legal liabilities for violation of the agreement, etc. .

Article 26 The house demolition management department shall establish and improve the demolition archives management system, organize and keep them in accordance with the Archives Law of the People's Republic of China and the Ministry of Construction's Urban Construction Archives Management Regulations Collect demolition archives and provide services to the society.

The demolisher shall organize and keep the demolition archives in a timely manner, and hand over the demolition archives to the housing demolition management department within 30 days after completion of the demolition.

Chapter 3 Demolition Compensation and Resettlement

Article 27 The demolisher shall provide compensation and resettlement to the demolished persons in accordance with the provisions of these Measures; the demolished persons shall within the relocation period Relocation completed within.

Article 28 No compensation will be given for the demolition of illegal buildings or temporary buildings that have exceeded the approved period; for the demolition of temporary buildings that have not exceeded the approved period, compensation will be based on the replacement price of the demolished house combined with the remaining use period. compensate.

Article 29 The method of compensation for demolition can be monetary compensation or house property rights exchange.

Unless otherwise provided in these Measures, the demolished persons have the right to choose the method of compensation for demolition.

If a leased house is demolished and the lease relationship between the demolished person and the house lessee is terminated, or the demolished person resettles the house lessee, the demolisher shall compensate the demolished person.

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. If the owner of the house whose property rights are exchanged is rented by the original lessee, the person being demolished shall enter into a new house leasing agreement with the original lessee.

In principle, monetary compensation will be provided for the demolition of land reserve projects and municipal construction projects.

Article 30 If the property rights of a house are exchanged, the demolisher and the person being demolished shall calculate the compensation amount of the house to be demolished and the price of the house to be exchanged, and settle the property rights exchange difference.

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

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

Article 32: When house property rights are exchanged, the demolition party shall give priority to the demolished persons to resettle on-site houses that comply with national design specifications and quality and safety standards; if due to special reasons, it is impossible to resettle on-site, To implement relocation, the consent of the house demolition management department must be obtained.

The demolition of leased houses requires property rights exchange. If the property rights exchange house provided by the demolisher is not less than the value of the original house and the usable area is not less than the usable area of ??the original house, the person being demolished and the lessee of the house shall accept the property rights exchange provided by the demolisher. arrangement.

Article 33 When demolishing the houses of households with housing difficulties among the minimum living security households, the demolisher shall provide the demolished persons with residential houses with a construction area of ??no less than 45 square meters. If the construction area of ??the original house is equal to the construction area of ??the resettled house, the demolished person will not bear the difference in property rights exchange; for the part that exceeds the construction area of ??the original house, the demolished person will bear the construction and installation engineering fees of the resettled house.

Article 34 If monetary compensation is implemented, the amount of monetary compensation shall be determined based on the location, purpose, building area, newness, building structure form and other factors of the demolished house, and shall be determined based on the real estate market appraisal price.

The real estate management department shall publish the real estate market prices of various types of houses in different areas, different uses, and different building structures once a year based on the local real estate market transaction prices.

The real estate evaluation agency shall refer to the local real estate market transaction price and the real estate market price announced by the real estate management department, and combine the condition, floor, orientation, environment, usage rate and other factors of the demolished house to determine the demolished house. compensation price.

Article 35 The municipal real estate management department shall establish a real estate evaluation expert committee composed of more than three nationally registered real estate appraisers and experts in real estate, urban planning, law, etc.

Article 36 The demolisher shall entrust an evaluation agency with corresponding evaluation qualifications to evaluate the demolished houses. The real estate appraisal agency shall be determined by voting or drawing of lots by the demolished persons.

If the demolisher or the person being demolished has any objection to the assessment result, he or she may apply in writing to the original assessment agency for review within 5 days from the date of receipt of the assessment report, or may entrust another assessment agency to conduct an assessment.

If the demolisher or the person being demolished has objections to the review results of the original assessment agency, or the results of another entrusted assessment are different from the original assessment results and no consensus can be reached through consultation, the re-examination will be carried out upon receipt of the re-examination results or separately. Within 5 days from the date of the evaluation report issued by the entrusted evaluation agency, you can apply for technical appraisal to the real estate evaluation expert committee where the house to be demolished is located.

The Real Estate Appraisal Expert Committee shall, within 10 days from the date of receipt of the application, review the appraisal basis, appraisal technical route, appraisal method selection, parameter selection, appraisal result determination method and other appraisal technologies of the appraisal report applied for appraisal. Issue written appraisal opinions.

If there are no technical problems in the evaluation report, the evaluation report shall be maintained; if there are technical problems in the evaluation report, the evaluation agency shall correct the errors and reissue the evaluation report.

If the real estate appraisal expert committee determines that the original appraisal result is valid, the appraisal fee will be borne by the dissenting party; if the original appraisal result is invalid, the appraisal fee will be borne by the appraisal agency.

Article 37 The evaluation of house demolition shall be carried out in accordance with the Ministry of Construction's "Guiding Opinions on the Valuation of Urban House Demolition" (Jianshehuang [2003] No. 234).

Article 38 The nature (including use, the same below) and area of ??the demolished houses shall be subject to the records of the house ownership certificate and ownership files.

If the demolisher and the person being demolished reach an agreement on the nature or area of ??the house to be demolished, they can make an evaluation based on the negotiation results.

If the nature of the house to be demolished cannot be reached through consultation, an application should be made to the urban planning administrative department for confirmation. If the area of ??the house to be demolished cannot be agreed through consultation, an application should be made to the Urban Real Estate Management Department for confirmation.

Before the house is demolished, if the property rights of the house have been transferred but the change registration has not been carried out, or the area recorded on the house ownership certificate does not match the actual area, the real estate management department will 5 working days after receiving the application from the party concerned. A certificate of certification will be issued within.

Article 39 When public housing is demolished, compensation and resettlement will be carried out after the property rights are determined in accordance with the following provisions:

(1) The lessee shall obtain the property rights of the house after purchasing the public housing;

(2) If the house lessee does not purchase public housing, and the demolished person pays the property rights exchange difference, and the demolished person re-establishes a lease relationship with the house lessee, the property rights belong to the demolished person.

Article 40 The demolisher shall pay a one-time relocation subsidy to the demolished person or house lessee. The relocation subsidy standard is calculated based on the construction area of ??the demolished house, which is 5 yuan per square meter.

If the property rights of the demolished residential houses are exchanged, the demolisher shall pay temporary resettlement subsidies to the demolished persons or house lessees who arrange their own residence; the demolished persons or house lessees shall use the turnover housing provided by the demolisher Yes, the demolisher will not pay the temporary resettlement subsidy. The temporary resettlement subsidy standard is calculated based on the construction area of ??the demolished house, which is 5 yuan per square meter per month. The payment period starts from the date of moving to the date of return.

When non-residential houses are demolished, the demolisher shall pay the transportation costs and equipment installation fees incurred due to the relocation.

When non-residential houses are demolished, equipment that cannot be restored to use will be evaluated by an evaluation agency, and the demolishers will be compensated based on the evaluation results.

If the demolished house involves house decoration, the evaluation agency will evaluate the decoration, and the demolisher will compensate the demolished person or lessee according to the evaluation results.

The relocation costs for gas, communications, cable TV, electricity meters, water meters and other equipment incurred by the demolished persons due to house demolition shall be paid to the demolished persons according to market prices.

Article 41 If the demolition of non-residential houses results in suspension of production or business, the demolisher shall provide appropriate compensation. Specific issues such as compensation methods and compensation standards shall be determined by the house demolition management department in conjunction with relevant departments.

Article 42 The demolisher shall not extend the transition period without authorization, and the user of the turnover house shall vacate the turnover house on time.

If the transition period is extended due to the responsibility of the demolisher, the temporary resettlement subsidy for the demolished persons or house lessees who arrange their own accommodation shall be doubled from the month overdue; for users of turnover houses , the temporary resettlement subsidy shall be paid starting from the month overdue.

Article 43 When demolishing a house with unclear property rights, the demolisher shall propose a compensation and resettlement plan, conduct survey and records of the demolished house, go to the notary office to handle the notarization and evidence preservation procedures for the deposit of compensation, and Demolition will be implemented after reporting to the housing demolition management department for review and approval.

Chapter 4 Legal Responsibilities

Article 44 If anyone violates the provisions of these Measures, fails to obtain a house demolition permit, and carries out demolition without authorization, the house demolition management department shall be responsible for Article 34 of the Regulations on the Administration of House Demolition stipulates that the demolition shall be ordered to stop, a warning shall be given, and a fine of not less than 20 yuan but not more than 50 yuan per square meter of the construction area of ??the demolished house shall be imposed.

Article 45 If the demolisher violates the provisions of these Measures and obtains a house demolition permit by deceptive means, the house demolition management department shall, in accordance with the provisions of Article 35 of the "Urban House Demolition Management Regulations" of the State Council, The house demolition permit shall be revoked and a fine of not less than 1% but not more than 3% of the demolition compensation and resettlement fund shall be imposed.

Article 46 If a demolisher violates the provisions of these Measures and commits any of the following acts, the house demolition management department shall order him to stop the demolition in accordance with the provisions of Article 36 of the "Urban House Demolition Management Regulations" of the State Council. , give a warning, and may also 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:

(1) House demolition is not carried out according to the demolition scope determined in the house demolition permit

(2) Entrusting units without demolition qualifications to carry out demolition;

(3) Extending the demolition period without authorization.

Article 47 If the entrusted demolition unit violates the provisions of these Measures and transfers the demolition business, the house demolition management department shall order correction according to the provisions of Article 37 of the "House Demolition Management Conditions Regulations" of the State Council. The illegal gains shall be confiscated and a fine of not less than RMB 25 but not more than RMB 50 shall be imposed on the demolition service fee stipulated in the contract.

Article 48 The demolishers and the entrusted demolition units shall use intimidation, coercion, and water, power, and heating means to force the demolished persons to relocate or organize forced demolition without authorization during the demolition. If it constitutes a crime, the house demolition management department shall order it to stop the demolition and impose penalties in accordance with the law; if it constitutes a crime, it shall be transferred to the judicial authority for investigation of criminal liability in accordance with the law.

Article 49 If the house demolition management department violates the provisions of these Measures and commits any of the following acts, the person in charge and other directly responsible personnel shall be given administrative sanctions in accordance with the law; if the circumstances are serious, causing the loss of public property , if the interests of the country and the people suffer heavy losses and constitute a crime, criminal responsibility shall be investigated in accordance with the law:

(1) Violating regulations to issue or refuse to issue house demolition permits and other approval documents;

(2) Failure to perform supervision and management responsibilities in accordance with the law after issuing a house demolition permit and other approval documents;

(3) Failure to investigate and punish illegal activities in accordance with the law or impose administrative penalties in violation of regulations;

(4) Accepting demolition entrustment in violation of regulations;

(5) Other violations of regulations.

Article 50 Anyone who obstructs the staff of the house demolition management department from performing official duties in accordance with the law and violates public security management regulations shall be punished by the public security organs in accordance with the "Public Security Management Punishment Regulations of the People's Republic of China"; it constitutes a crime , be held criminally responsible in accordance with the law.

Chapter 5 Supplementary Provisions

Article 51 The meanings of the following terms in these Measures are:

(1) Relocation period refers to the persons to be demolished The time limit for the demolished persons to complete the relocation as agreed or adjudicated in the demolition compensation and resettlement agreement with the demolisher;

(2) The scope of demolition refers to the time limit for the demolition management department to complete the relocation according to the construction land planning permit and the use of state-owned land. The scope of house demolition determined by the authority approval document;

(3) The demolition period refers to the start and end dates for the demolisher to complete the house demolition work specified in the demolition permit;

(4) Violation of regulations Buildings refer to buildings built in urban planning areas without obtaining a construction project planning permit or in violation of the construction project planning permit provisions;

(5) Temporary buildings refer to buildings that have been approved by the urban planning administrative director Buildings that have been approved by the department and have a specified use period and must be demolished upon expiration;

(6) Property rights exchange means that the demolisher uses the house he built or purchased to exchange the property rights of the house with the person being demolished, and The act of settling the exchange price difference based on the appraised value of the demolished house and the market price of the exchanged house;

(7) Transition period refers to the period agreed upon by the demolition parties in the demolition compensation and resettlement agreement or by the house demolition management department. The starting and ending dates from completion of relocation to return relocation specified in the demolition announcement.

Article 52 If houses are demolished on land outside the urban planning area and it is necessary to compensate and resettle the demolished persons, these measures shall be followed.

Article 53 Each county (city) and Qinghe District may formulate specific implementation measures based on the actual conditions of the region.

Article 54 These Measures shall come into effect on June 1, 2004.

Tieling Municipal People's Government