Traditional Culture Encyclopedia - Photography major - Yijiang district welfare housing demolition compensation standard
Yijiang district welfare housing demolition compensation standard
In order to further standardize the demolition compensation and resettlement behavior, safeguard the legitimate rights and interests of the parties involved in the demolition, and ensure the smooth progress of the demolition work, the following provisions are made on the compensation and resettlement work for house demolition on urban state-owned land and collective land:
First, the compensation for the demolition of residential houses on state-owned land
The compensation for the demolition of residential houses on state-owned land is calculated according to the valid certificates such as the ownership certificate of the demolished houses.
Per capita standard resettlement area for house demolition on state-owned land15m2.
(1) monetary compensation. If the demolished person chooses monetary compensation, the compensation amount shall be calculated according to the replacement price in the compensation standard for house demolition (hereinafter referred to as "replacement price") combined with the structure, development, floor, location and construction area of the demolished house.
(2) Property right transaction. If the demolished person chooses to exchange property rights, the "one for one" will be implemented, and the resettlement house will be selected according to the certified construction area or per capita standard resettlement area of the demolished house 15 square meter.
If the demolished house is lower than the per capita standard resettlement area 15 square meter, it shall be resettled according to the standard resettlement area; If the area of the house to be demolished is larger than that of the resettlement house, if the demolisher gives up the resettlement, the compensation shall be calculated according to the monetary compensation standard.
The implementation of property rights exchange area, the demolition parties shall, according to the benchmark price in the city's housing demolition compensation standards (hereinafter referred to as the "benchmark price") to calculate the price difference between the demolished houses and resettlement houses. Among them, the total maximum price difference of newly developed low-structure houses and newly developed structures is calculated as 300 yuan/square meter for part or per capita standard resettlement area within 70 square meters 15 square meter.
1. Structural price difference. The price difference of houses with different structures is calculated at the replacement price. For high-rise buildings with more than 8 floors, the structural price difference is calculated at 25%; For multi-storey houses below 7 floors, the structural price difference is calculated at 50%.
2. Become a new price difference. According to the new coefficient in the compensation standard of housing demolition in this city, it is settled into a new price difference.
3. Position difference. For resettlement in different places, the location price difference between the demolished house and the resettlement house shall be calculated according to the location price in the compensation standard for urban house demolition (hereinafter referred to as "location price").
4. The reserve price difference. The demolished houses are not counted as floor price difference, and the floor price difference of resettlement houses is determined by the demolisher.
5. Regional price difference. If the area of the demolished house is less than the standard resettlement area, the demolished person shall purchase it according to 90% of the benchmark price of the resettlement house.
If the area of the nearest resettlement house exceeds the "demolition and retreat" area or the standard resettlement area, the demolished person shall purchase it at the benchmark price of the resettlement house; The part close to the booth with an area of more than 15 square meter will be purchased at a 5% increase in the benchmark price.
If the resettlement area selected by nearby residents is less than 15 square meters or the standard resettlement area is less than 15 square meters, they can apply for cross-file housing selection, and the increased area of cross-file housing selection will be purchased according to the increase of the benchmark price of resettlement housing 10%.
6. The demolished houses with multiple floors and below shall be placed in high-rise buildings with floors 8 to 1 1, and the resettlement area shall be increased by 2% of the "demolished" area; For high-rise buildings with total floors ranging from 12 to 18, the resettlement area will be increased by 4% of the area of "demolition and return"; If the resettlement area is located in a high-rise building with a total floor area of 19 or more, the area of "demolition and return" will be increased by 6%.
7. Resettlement houses obtained through property rights exchange are full property rights.
Second, members of collective economic organizations collective land residential housing demolition compensation collective land residential housing demolition, according to the "collective land use warrants" or the county, district government and its functional departments within the statutory authority issued by the license to give compensation and resettlement. Residential housing without a valid license, which meets one of the following conditions, can be compensated after confirmation:
(1) Houses completed before August 15, 2002;
(2) Houses built after August 15, 2002, but this house is the only house of the demolished.
The per capita standard resettlement area for collective land house demolition is 35 square meters. Due to staff reduction 1 household, compensation and resettlement will be 50 square meters.
(1) monetary compensation. If the demolished person chooses monetary compensation, he shall be compensated in accordance with the following provisions, and no homestead will be arranged after compensation.
1. For the part with valid license of the demolished house and less than 35 square meters per capita before August, 2002 15, the compensation amount shall be calculated according to 50% of the replacement price of the demolished house combined with the new floor and location price; The part exceeding 35 square meters and 45 square meters per capita (including 45 square meters) shall be combined into a new floor according to the replacement price of the demolished house, and the compensation amount shall be calculated; For the part exceeding 45 square meters per capita, the compensation amount shall be calculated according to the replacement price and 60% of the new floor.
2. If the house built after August 15, 2002 is the only house to be demolished, the compensation amount shall be calculated at 50% of the price of the new building, floor and location combined with the residential house built before August 15, 2002. More than 35 square meters per capita will not be compensated.
(2) Property right transaction. If the person to be demolished chooses the property right exchange, he shall choose the resettlement house at the nearest stall and make overall arrangements for resettlement in the resettlement community. The resettlement area is determined according to the family population combined with the per capita standard resettlement area and preferential policies.
1. The demolished houses will be resettled according to the standard resettlement area of 35 square meters per capita. For the part with the same standard resettlement area as the demolished house (mixed, brick-wood structure), the difference and resettlement area shall be calculated according to the method of property right exchange for demolition of state-owned land residential houses 1, 2, 3, 4 and 6. For houses with low housing structure and innovation, the maximum total difference between structure and innovation is calculated by 300 yuan/square meter for the part with per capita standard resettlement area of less than 35 square meters; If the area of the demolished house is less than the standard resettlement area, the demolished person shall purchase it at 60% of the replacement price of the resettlement house; The area of the house to be demolished is greater than the standard resettlement area, and monetary compensation is implemented. The part within per capita 10 square meter will be merged into a new floor according to the replacement price of the demolished house, and the compensation amount will be calculated according to the replacement price of the demolished house for the part beyond per capita 10 square meter.
2. Families who meet the family planning policy can buy 20 square meters of resettlement houses at a discount, and buy them at 80% of the replacement price of resettlement houses.
3. Conditional residents can also enjoy preferential purchase of resettlement houses within per capita 10 square meter, according to the replacement price of resettlement houses.
4. The area of the resettlement house selected by the nearest booth is larger than the resettlement area (i.e. the per capita standard resettlement area is 35 square meters × population+the purchase area enjoying the family planning policy is 20 square meters+the per capita preferential purchase area 10 square meters × population), and the relocated people buy it at the replacement price of the resettlement house; If the nearest booth area exceeds 20 square meters, the benchmark price will be increased by 5%.
5. If the area of the resettlement house selected by the demolished person according to the nearest stall exceeds the area to be resettled by less than 20 square meters, you can apply for the house selection across the first stall, and the increased area of the house selection across the stalls is purchased according to the increase of the benchmark price of the resettlement house 10%.
6. Property rights of resettlement houses. Housing with resettlement area obtained by property right exchange shall be marked with the words "rural residents' demolition and resettlement houses" on the house ownership certificate. After obtaining the house ownership certificate, it shall not be listed for trading within 3 years. After 3 years, the demolished person shall pay the land income and related expenses, and the measures shall be stipulated separately.
(3) If houses are demolished according to Decree No.2 of the municipal government of 199 1, and houses built at legally approved villagers' planning sites are demolished again, the compensation amount shall be calculated according to the replacement price, and each household may increase by 20 square meters. The household referred to here refers to the household determined at the village planning point when building a house, that is, a homestead is determined as one household.
(4) On June 3, 2002, the houses built by the original villagers before the collective land of some administrative villages in Jinghu District, Wuxin District and Matang District was converted into state-owned land can be compensated according to the legal property rights of state-owned land. After it was nationalized on June 3, 2002, it was implemented according to the Regulations on Compensation for Demolition of Houses with State-owned Land.
After the collective land is nationalized, if the residential houses on the plot have been compensated according to the state-owned demolition standard, the original landowner (administrative village) will no longer be compensated for the land.
Three, non collective economic organizations members of the collective land residential housing demolition compensation
(a) houses without valid licenses
1.05.for houses purchased or built before August 65438+5 and1.05, the compensation amount shall be calculated according to the replacement price and 60% of the new floors, and only monetary compensation shall be implemented; The house to be demolished is the only house to be demolished. The compensation amount is calculated by combining the parts within 25m2 per capita into new buildings, floors and location prices according to the replacement price of the demolished houses, and the compensation amount is calculated by combining the parts above 25m2 per capita into new buildings and floors according to the replacement price of the demolished houses.
2. Houses built and purchased after August 15, 2002 will not be compensated; If the demolished house is the only house of the demolished person, the compensation amount shall be calculated according to 50% of the replacement price of the demolished house combined with the new building, floor and location price, and the part greater than per capita 15 square meter shall not be compensated.
(two) to confirm the house with a valid license.
1. If the collective land use certificate and house ownership certificate have been obtained, the compensation amount shall be calculated by combining 50% of the location price and replacement price of the demolished house into a new building and floor.
2. If the collective land use certificate has been obtained but there is no house ownership certificate, the compensation amount shall be calculated according to 50% of the location price and 60% of the replacement price of the newly-built floor combined with the demolished house.
3. If the house ownership certificate has been obtained but there is no land use right certificate, the compensation amount will be calculated only by combining the replacement price of the demolished house into a new floor.
4. If the state-owned land use right certificate has been obtained, but there is no house ownership certificate, the amount shall be calculated by combining the location price and the replacement price of the demolished house into 60% of the new floor.
5. If the state-owned land use right certificate and house ownership certificate have been obtained, the compensation amount shall be calculated according to the location price of the demolished house and the replacement price of the new floor.
6. For the demolished houses whose registration was cancelled due to violation of regulations, if they were purchased or built before August 15, 2002, the compensation amount for demolition shall be calculated according to the replacement price of the demolished houses combined with 50% of the newly-built floors; After August 2002 15, no compensation will be given.
(3) Non-members of the collective economic organization are recognized as the only housing, and each household can only apply for the purchase of a set of resettlement houses within 75 square meters, and purchase them at the benchmark price of resettlement houses. The indivisible part of the house exceeding 75 square meters can be increased by 10% and purchased at the benchmark price.
The only housing is confirmed by the local district government and reported to the Municipal Bureau of Land and Resources and the Housing and Urban-Rural Development Committee for record and approval.
(four) the resettlement houses purchased according to the above provisions are full property rights.
Four, non residential housing demolition compensation
(1) Compensation for Removal of Non-residential Houses on State-owned Land When removing non-residential houses on State-owned land, the compensation amount shall be calculated separately.
1. Demolition of commercial and office buildings on state-allocated land shall be compensated according to the benchmark price; When demolishing production (including productive office), storage and other houses, the compensation shall be calculated at the replacement price to form a new pair of houses, and then at the location price.
2. When removing non-residential houses on state-owned land, the administrative department of land and resources shall terminate the contract for assignment of land use right in accordance with relevant regulations and give corresponding compensation. Specific compensation measures and standards shall be formulated separately by the administrative department of land and resources.
3. After the implementation of the Administrative Measures for Compensation for the Use of State-owned Allocated Land Use Rights in Wuhu City (Wu Zheng Ban Fa [2008] No.47), when the non-residential houses that have gone through the transfer procedures according to the administrative measures are demolished, the administrative departments of land and resources shall terminate the land use right transfer contract in accordance with the relevant provisions, deduct the transfer fee converted from the actual service life from the actually paid land transfer fee, and then consider the bank deposit interest to compensate, that is, the location price of the demolished houses; If the demolition of non-residential houses with paid use is not handled, the annual rent shall be paid in accordance with the management measures. The time limit for payment is from July 1 day, 2008 to the date of signing the demolition compensation and resettlement agreement, and the annual rent payable can also be deducted from the demolition compensation.
4. During the period of demolition, the compensation for house demolition of the restructuring unit shall be approved by the state-owned assets management department according to the cost of restructuring and transfer.
(two) compensation for the demolition of non-residential houses on collective land
1. When the office, production and storage buildings on collective land are demolished, those with valid licenses and built before August 15, 2002 will be merged into new compensation amount according to the replacement price.
If it is built after August 15, 2002 and approved by the street (town), the compensation amount will be calculated by combining the replacement price into a new 80%.
2 housing units engaged in commercial activities on collective land shall be compensated according to the original use of the land. For houses that have been built with the approval of relevant departments, hold commercial use licenses and engage in commercial activities before the decentralization of examination and approval authority is recovered, monetary compensation can be implemented for individual commercial houses according to the residential housing standards on collective land, that is, according to the area determined by the house ownership certificate, the compensation is calculated according to the replacement price combined with 50% of the structure, innovation and location price; Belong to the business and live together, combined with the family population according to the standard of housing compensation or resettlement.
Five, undocumented housing demolition compensation
(1)1April, 19901April, 1990, when the unlicensed residential houses built on state-owned land are demolished, the compensation shall be calculated according to 70% of the licensed houses. For residential houses built before Feb. 3, 2000, Kloc-0, without valid licenses, monetary compensation will be given at 60% of the replacement price of new houses and floors.
(two) the compensation for enterprise unlicensed housing demolition is responsible by the main leaders of the district, holding a special meeting to study, putting forward opinions based on the principle of respecting history and seeking truth from facts, and the minutes of the district government executive meeting are reported to the municipal leading group for examination and approval.
(3) The unlicensed houses built on state-owned land before February 2000 and on collective land before August 2002 shall be confirmed according to the topographic map. If the topographic map is incomplete, it can be replaced by the topographic map closest to the date; If there is no topographic map, you can refer to the nearest aerial photos and satellite remote sensing photos. Disputes over the date of construction should be based on the principle of seeking truth from facts, and should be applied in writing by the person being taken. If the insider can prove it, the neighborhood Committee (administrative village) and street (town) where the house is located will make comments after publicity, which will be confirmed by the district government.
Determination of family population of intransitive verbs
(a) the family population is calculated according to the population recorded in the household registration book (including active servicemen other than officers, students studying in colleges and universities, and prisoners undergoing reeducation through labor). The family population structure should be reasonable. The homestay households, empty hanging households and joint households, merged households, moved-in households and moved-in population handled after the demolition announcement or the announcement of land acquisition compensation and resettlement plan shall not be used as the basis for calculating compensation.
(II) The spouse or minor (unmarried) children of the demolished people on the collective land have moved out for various reasons or have not yet entered the household, and have lived in the demolished houses for a long time. If it is proved that they have not enjoyed the housing reform policy and have no housing in other places, they can be compensated and resettled according to the members of the collective economic organization upon their own application and confirmation by publicity.
After enjoying the policy, the demolisher shall register the ID number and household registration of the spouse and children, notify the district demolition management department, street office (town) and police station where the household registration is located in writing, and report to the municipal housing demolition management department for the record. Those who have enjoyed the demolition policy according to these regulations will no longer enjoy it in the subsequent demolition.
(three) with the land acquisition account to non-agricultural registered permanent residence, still living in situ or through the streets (towns), the village committee arranged to build houses on collective land, according to the members of the collective economic organization compensation and resettlement.
(four) the state-owned land has more than two property certificates on the same demolition plot, and the area of the house to be demolished should be calculated according to one household; A property certificate with more than two accounts, the resettlement housing area should be calculated according to the property owner's account.
When a family has multiple houses (including those not in the same plot) on collective land, the housing area should be calculated together, and the property right exchange should be calculated by one family.
Seven, three list publicity of all the demolition plots of the demolished houses have been publicized by the three list and confirmed by the city permission confirmation team, giving compensation and resettlement. List by the community (village) in the demolition site publicity; Two list by the street (town) in the area of publicity; The three lists were published by the district in Dajiang Evening News. The publicity of the three lists should be carried out before the confirmation of the publicity content; Three lists can be publicized at the same time for not less than three days. In the publicity, the telephone number of the demolition person and the telephone number of the competent department shall be announced, and a report mailbox shall be set up. When the demolisher submits the survey data of the demolished land, he shall submit three forms of publicity and results together with the article.
The main contents of this list publicity:
1. Basic information of the house to be demolished, including the number of the house ownership certificate (including other certificates), the location, structure, building age and area of the house;
2. The nature of land ownership and land use type of the house to be demolished;
3. The name (name), household registration, family population and their relationship and family planning of the person to be taken;
Whether the demolished people are "double-stranded" families or groups with difficulties in life;
5. Other contents that need to be publicized.
Eight, in order to promote the process of demolition work, to actively move the demolition can be given certain incentives. The amount of reward is regardless of the structure of the house and the nature of use, and the state-owned land is awarded the highest 200 yuan /m according to the certified construction area? 0? 5. The collective land will be compensated according to the construction area. The maximum reward is 150 yuan /m (mixed, brick-wood structure)? 0? 5 (For the demolition that each district is responsible for, the incentive funds shall be charged in the unforeseen expenses of 5% of the total demolition amount). Demolition people can determine the relocation time period according to the demolition workload, and set different reward amounts for each time period in combination with the location; Those who exceed the reward period will not be rewarded. Incentive measures should be clearly defined in the compensation and resettlement plan for demolition.
Nine, the per capita state-owned land is less than 15 square meters, and the per capita collective land is less than 20 square meters. If the demolished people really can't afford it, they can rent it after confirmation, and go through the lease procedures according to the relevant provisions of the demolition and resettlement houses. Meet the conditions of low-cost housing rent subsidies, you can apply for low-cost housing rent subsidies.
Ten, all kinds of housing and ancillary facilities demolition compensation, relocation subsidies, temporary resettlement subsidies, production and business losses. , according to the demolition compensation standard published in that year.
Eleven, the establishment of a license confirmation team, the confirmation team is led by the Municipal Bureau of Land and Resources (responsible for collective land), the Housing and Urban-Rural Construction Committee (responsible for state-owned land), the Municipal Supervision Bureau, the Urban and Rural Planning Bureau, and the Public Security Bureau. The confirmation team shall review, verify and confirm the relevant certificates, publicity results and difficult problems in the compensation and resettlement for the demolition, and issue confirmation opinions. To provide false information, conceal facts and other illegal means to defraud the relevant license, should be severely punished; Those who defraud the registration of property rights shall be cancelled according to law. Providing false certificates (materials) to relevant functional departments or issuing certificates in violation of regulations, the administrative and legal responsibilities of relevant responsible persons shall be investigated.
Twelve, the provisions shall come into force as of March 20th, 20 1 year. Where other provisions are inconsistent with these Provisions, these Provisions shall prevail. The Notice of the Office of Wuhu Municipal People's Government on Printing and Distributing the Provisions on Compensation and Resettlement for House Demolition in Wuhu City (No.7 [2009] of Wu Zhengban) and the Notice of the Office of Wuhu Municipal People's Government on Printing and Distributing the Supplementary Provisions on Compensation and Resettlement for House Demolition in Wuhu City (No.6/KLOC-0 [2009] of Wu Zhengban) shall be abolished at the same time. Before the implementation of these provisions, the land that has been approved for demolition is still implemented according to the original provisions. & lt/SPAN>。 & lt/TD & gt;
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