Notice on the Issuance of Changzhou City Housing Demolition and Relocation Management Measures
Changzheng Fa [2004] No. 85
Chapter I General Provisions
Article 1 In order to strengthen the management of urban housing demolition and relocation, safeguard the legitimate rights and interests of the parties involved in the demolition and relocation, and ensure the smooth progress of the construction project, according to the State Council's "Regulations on the Management of Urban Housing Demolition and Relocation And "Jiangsu Province, urban housing demolition and relocation management regulations" and other relevant provisions, combined with the actual situation of the city, the formulation of this approach.
Second in the city's urban planning area on state-owned land for the implementation of housing demolition and relocation, and the need for compensation, resettlement of the demolished, the application of these measures.
The third urban housing demolition and relocation must be consistent with urban planning, conducive to the transformation of old urban areas and ecological environment improvement, and the protection of cultural relics and monuments.
Article 4 the demolition and relocation shall be in accordance with the provisions of these measures, the demolition and relocation of compensation, resettlement; the demolition and relocation shall be completed within the relocation period.
The demolition and relocation of people referred to in these Measures refers to the units that have obtained the housing demolition and relocation license.
The term "demolished and relocated" in these Measures refers to the owner of the house to be demolished and relocated.
Article 5 of the municipal construction administrative department is the city of urban housing demolition and relocation of management (hereinafter referred to as housing demolition and relocation of management), the city of urban housing demolition and relocation of supervision and management, the city of urban housing demolition and relocation of the management office is specifically responsible for the management of urban housing demolition and relocation of the city. Municipal people's government urban housing demolition and relocation management department is responsible for the implementation of supervision and management of urban housing demolition and relocation work in the administrative region.
The people's governments at all levels and planning, housing management, finance, price, industry and commerce, economic and trade, public security and other relevant departments should be in accordance with the provisions of these measures, cooperate with each other, to ensure the smooth progress of the management of urban housing demolition and relocation.
The land administration department in accordance with relevant laws and regulations, is responsible for urban housing demolition and relocation of land management.
Chapter II demolition and relocation management
Article 6 of the urban housing demolition and relocation shall be subject to the following procedures:
(1) the demolition and relocation of the project assessment;
(2) demolition and relocation of the management of housing demolition and relocation of the housing demolition and relocation of the license;
(3) housing demolition and relocation of the management of housing demolition and relocation of the public notice;
(4) demolition and relocation of the demolition of the person with the The demolished person or the demolisher and the demolished person and the tenant of the house enter into a written demolition compensation and resettlement agreement; (e) the demolisher carries out compensation and resettlement in accordance with the demolition compensation and resettlement agreement;
(f) the implementation of the demolition of the house.
The time for carrying out the house demolition and relocation construction shall be not less than 30 days from the date of publication of the demolition and relocation notice. Overseas Chinese and other persons residing in the country (territory), the demolition shall be informed in writing of the time to implement the house demolition, demolition shall be extended accordingly. However, the demolition and relocation of the demolition and relocation of the time to implement the house demolition and relocation of other agreement, from its agreement.
Article 7 of the application for housing demolition and relocation permits shall be submitted to the housing demolition and relocation management department of the following information:
(1) the construction project approval documents;
(2) construction land use planning permit;
(3) the approval of the right to use the state-owned land;
(4) demolition and relocation plan and demolition program;
(5) Proof of the status of the funds for compensation and resettlement for demolition and relocation issued by the financial institution handling the deposit business.
The housing demolition and relocation management department shall, within 30 days from the date of receipt of the application, review the application; if the review meets the conditions, issue a housing demolition and relocation license.
Article 8: When applying for a license to demolish or relocate a house, the demolition plan and demolition program submitted to the housing demolition and relocation management department shall include the following:
(1) the exact scope of demolition and relocation;
(2) the current status of the house's use, area, ownership, etc. within the scope of demolition and relocation;
(3) the steps for implementation of the demolition and relocation and the measures for safety protection and environmental protection
(4) the implementation of funds for demolition and relocation, resettlement housing, swing space or other temporary transitional measures;
(5) the manner and time limit of demolition and relocation.
The housing demolition and relocation management department shall issue the housing demolition and relocation license with a detailed map of the scope of demolition and relocation.
Article 9 of the demolition compensation and resettlement funds shall be deposited in financial institutions that handle special deposit business. The total amount of funds for demolition compensation and resettlement shall be determined according to the demolition project assessment, the demolition shall be entrusted to handle the demolition compensation and resettlement funds for special deposit business of financial institutions to issue a certificate of funds for demolition compensation and resettlement.
Demolition compensation and resettlement funds shall be fully used for compensation and resettlement of housing demolition, shall not be diverted for other purposes. Housing demolition and relocation management department shall strengthen the supervision of the use of funds for demolition and relocation compensation and resettlement, the specific measures by the municipal housing demolition and relocation management department in conjunction with the relevant departments to develop.
Article 10 of the housing demolition and relocation management department in the issuance of housing demolition and relocation license at the same time, the housing demolition and relocation license shall be contained in the demolition and relocation of the demolition, demolition and relocation of the demolition and relocation of the scope of demolition and relocation of the period of time and other matters, to be announced in the form of housing demolition and relocation of the announcement.
The housing demolition and relocation management department, the demolition and relocation of people, demolition and relocation of units, etc. shall be timely to the demolished and relocated people to do a good job of publicity and explanation.
Article 11 of the demolition and relocation shall be in the housing demolition and relocation license to determine the scope of demolition and relocation and demolition period, the implementation of housing demolition and relocation.
The need to extend the period of demolition and relocation, demolition and relocation shall be in the demolition and relocation of 15 days before the expiration of the period of time, to the housing demolition and relocation of the management department to extend the demolition and relocation of applications; housing demolition and relocation of the management department shall be received from the date of the extension of the demolition and relocation of the application for a reply within 10 days.
Article 12 has the qualification of demolition and relocation of demolition and relocation of demolition and relocation of demolition and relocation of demolition and relocation of demolition and relocation of demolition and relocation of demolition and relocation of demolition and relocation of demolition and relocation of demolition and relocation of qualified units shall entrust.
The housing demolition and relocation management department shall not act as a demolition and relocation agent, and shall not accept demolition and relocation entrustment.
The demolition unit refers to the unit which obtains the qualification certificate of housing demolition and relocation according to law, accepts the commission of the demolition and relocation person, mobilizes the demolition and relocation of the demolished person within the approved demolition and relocation scope, and organizes the signing and implementation of the compensation and resettlement agreement.
Article 13 of the demolition commissioned by the demolition of the demolition, shall be entrusted to the demolition of the unit issued a power of attorney, and enter into a demolition commission contract. Demolition shall, within 15 days from the date of conclusion of the demolition entrusted contract, the demolition entrusted contract will be reported to the housing demolition management department for the record.
The entrusted demolition unit shall not transfer the demolition business.
Article 14 of the housing demolition and relocation management department shall strengthen the management of the demolition and relocation unit. Demolition and relocation units shall implement a public office system, accept public supervision. Staff engaged in house demolition and relocation, must go through the housing demolition and relocation management department of professional training, and obtain the demolition and relocation license before engaging in house demolition and relocation work. Housing demolition and relocation management shall strengthen the management of demolition and relocation staff, the specific measures shall be formulated by the municipal housing demolition and relocation management department.
Article 15 of the housing demolition and relocation management department shall strengthen the management of the housing demolition and relocation market, the demolition and relocation of people should be entrusted with a good social reputation, strong sense of service demolition and relocation units to implement the demolition and relocation. Housing demolition and relocation shall gradually use bidding to determine the demolition and relocation of units, the specific measures by the municipal housing demolition and relocation management department in conjunction with the relevant departments to develop.
Article 16 After the scope of demolition and relocation is determined, the housing demolition and relocation management department shall notify in writing the planning, land, housing management, industry and commerce, construction, public security and other relevant departments to suspend the following related formalities:
(1) new construction, expansion, alteration of housing;
(2) change the use of housing and land;
(3) buying, selling, leasing, gifting, mortgage, pawning of houses;
(iv) property analysis and division;
(v) issuance of industrial and commercial business licenses.
The written notice of suspension shall state the period of suspension. Suspension period shall not exceed a maximum of 1 year; the demolition of people need to extend the suspension period, must be approved by the housing demolition and relocation management department, the extension of the suspension period shall not exceed 1 year.
During the period of suspension of the above relevant procedures, any unit or individual shall not be unauthorized to carry out the first paragraph of this article, the suspension of the activities.
Article 17 of the demolition and relocation of the demolition and relocation of the person shall, in accordance with the provisions of this Measures, on the method of compensation and the amount of compensation, resettlement of the location of the house, the area and level, the period of relocation, the relocation of the transition and transition period, and other matters, to enter into the demolition of relocation compensation and resettlement agreement.
The demolition of leased housing, the demolition shall be demolished with the demolished person, the housing tenant to enter into a demolition compensation and resettlement agreement.
Article 18 of the demolished house has one of the following circumstances, the demolition by the demolition of compensation and resettlement program, reported to the housing demolition and relocation of the management department for examination and approval and to the notary public for the preservation of evidence before the implementation of the demolition:
(a) property rights are not known or disputed property rights;
(b) property rights of the whereabouts of the person is not known.
The demolished house is the real estate management department escrow, demolition compensation and resettlement agreement must be notarized by the notary public, and for evidence preservation.
Article 19 of the demolition compensation and resettlement agreement is concluded, the demolished person or house tenant in the relocation period refuses to move, the demolition of the demolition of the person can apply to the arbitration committee arbitration, can also be sued to the people's court according to law. During the litigation, the demolisher may apply to the people's court for prior execution in accordance with the law.
Article 20 of the demolition and relocation of the demolition or the demolition, the demolition and relocation of the demolition and relocation of the tenant of the house fails to reach an agreement on the compensation and resettlement of the demolition and relocation of the application of the parties concerned, the housing demolition and relocation of the management of the department ruled. If the housing demolition and relocation management department is the person to be demolished and relocated, the people's government at the same level shall adjudicate. The ruling shall be made within 30 days from the date of receipt of the application.
Where a large number of households or a high proportion of households have not reached an agreement on compensation and resettlement for demolition, the housing demolition and relocation management department shall conduct a hearing before accepting the application for a ruling.
Parties who are not satisfied with the ruling may file a lawsuit to the people's court within three months from the date of delivery of the ruling. If the demolisher has given monetary compensation to the demolished person or provided demolished and relocated housing or swing space in accordance with the provisions of these Measures, the execution of the demolition and relocation shall not be halted during the period of litigation.
Article 21 of the demolished person or housing tenant in the ruling of the relocation period is not relocated, by the people's government of the city where the house is located, the municipal people's government shall instruct the relevant departments to compulsory demolition, or by the housing demolition and relocation of the management department according to law to apply to the people's court for compulsory demolition and relocation.
Before applying for administrative compulsory demolition, the housing demolition and relocation management department shall invite the relevant management departments, representatives of the parties involved in the demolition and relocation, as well as representatives of social credibility, etc., on the basis of administrative compulsory demolition and relocation, procedures, and compensation and resettlement standards based on the basis of the calculation of the content of the hearing.
Housing demolition and relocation management department to apply for administrative compulsory demolition, must be discussed and decided collectively by the head of the department before applying to the government for administrative compulsory demolition. Without an administrative ruling, administrative compulsory demolition shall not be implemented.
Before the implementation of compulsory demolition and relocation, the demolition and relocation of people shall be demolished and relocated on matters related to the house, to the notary public for the preservation of evidence.
Article 22 of the hearing and adjudication methods by the municipal housing demolition and relocation management department in accordance with the relevant provisions of the higher authorities to develop separately.
Article 23 of the demolition involves military facilities, churches, temples, cultural relics and monuments, in accordance with the provisions of relevant laws and regulations.
Demolition of primary and secondary school buildings or kindergartens should be recognized by the administrative department of education, and in accordance with the planning requirements for the construction of new school buildings, kindergartens. Housing demolition and relocation of the management department shall work with the administrative department of education to make appropriate arrangements for the enrollment of schoolchildren.
Article 24 has not yet completed the demolition of compensation for the transfer of construction projects, shall be agreed by the housing demolition and relocation management department, the original demolition of compensation for the settlement of the agreement on the rights and obligations of the transfer to the transferee. The transferor and transferee of the project shall notify in writing the demolished and relocated, and shall be announced within 30 days from the date of signing the transfer contract.
Article 25 of the house demolition shall be undertaken by enterprises with safety conditions and qualifications of building construction enterprises, and prepare demolition programs, and the person in charge of the construction enterprise shall be responsible for safety.
Article 26 of the housing demolition management department shall establish and improve the demolition file management system, strengthen the management of demolition file information. Demolition unit must be in accordance with the requirements of accurate, complete, standardized, properly organized, well kept demolition file information.
Article 27 of the demolition and relocation of the demolition and relocation of units should be in the demolition and relocation project within 15 days after the demolition of all houses, to the housing demolition and relocation of the management department for the record.
Chapter III demolition compensation and resettlement
Article 28 of the demolition shall be in accordance with the provisions of these measures, the demolition of compensation for the demolished.
Demolition of illegal structures and temporary buildings exceeding the approved period of time, no compensation; demolition of temporary buildings not exceeding the approved period of time, shall be in accordance with the service life of the temporary building combined with the replacement price of new.
Article 29 of the demolition and relocation compensation can be implemented in the form of monetary compensation, can also be implemented in the exchange of housing property rights.
In addition to the provisions of Article 33, Article 34, paragraph 2 and paragraph 3 of this Article, the demolished person can choose the way of demolition compensation.
For municipal construction projects (including urban roads, bridges, river training, plazas, public **** parking lot, water supply, drainage, sewage, flood control, sanitation, gas, barge, wharf, human defense, road lighting, greening and other projects) and the government land acquisition and reserve projects for demolition and relocation of non-residential housing will not be property rights exchange.
Article 30 of the amount of monetary compensation, according to the location of the demolished house, use, construction area and other factors, to determine the real estate market valuation. Demolished houses for real estate market price assessment, shall comply with the provisions of Chapter IV of these measures.
Article 31 of the implementation of housing property rights exchange, the demolition of the demolition and the demolished shall, in accordance with the provisions of Article 30 of these Measures, the calculation of the amount of compensation for the demolished house and the price of the house exchanged to settle the difference in the exchange of property rights.
The house provided by the demolition of resettlement shall comply with national quality and safety standards. The implementation of resettlement, should be a one-time resettlement. For the implementation of property rights exchange of housing, the demolition shall provide all the information required for property rights.
Article 32 of the price of the house purchased by the demolished person and the amount of compensation for the demolished house equal part of the deed tax, the levy management department with the demolition of the compensation and resettlement agreement and other relevant certificates shall be exempted from levy.
Article 33 of the demolition of non-public welfare housing appurtenances, not for property rights exchange, by the demolition of monetary compensation.
Article 34 of the demolition of leased housing, the demolished and the tenant of the house to terminate the lease, or the demolished and the tenant of the house for resettlement, the demolition of the demolition of the demolition of the person to be compensated.
In addition to the provisions of the third paragraph of Article 29 of these measures, the demolished and the tenant of the house on the dissolution of the lease relationship fails to reach an agreement, the demolition shall be carried out on the demolition of the house property rights of the demolished person for exchange. The property right exchange of housing by the original housing tenant, the demolished person shall with the original housing tenant re-establishment of housing lease contract.
Demolition of public housing managed by the real estate management department, the demolished person and the housing tenant **** the same choice of monetary resettlement, the demolition of the demolition of the following methods to be compensated:
(a) residential housing: by the tenant according to the use of the area of 430 yuan per square meter or 350 yuan per square meter of floor area of the preferential price of the purchase and termination of the lease, the demolition of the tenant by the tenant of the Compensation;
(2) non-residential housing: the demolished person and the tenant of the house has agreed, according to the agreement; without agreement, the demolition of the demolition in accordance with the housing demolition management department and the real estate management department of the provisions of the demolition of the demolished person and the tenant of the house, respectively, to compensate.
Article 35 of the demolition and relocation of the demolition and relocation shall be paid to the demolition and relocation of the person or housing tenant relocation subsidies and other costs. If the evicted person or house lessee relocates and surrenders the house within the stipulated period of incentive, the evictor shall give the incentive in accordance with the relevant provisions.
If the resettlement house is a fixed-term house, and the evicted person or the housing tenant arranges his own residence, the demolisher shall pay the temporary resettlement subsidy within the transitional period; if the evicted person or the housing tenant uses the swing house provided by the demolisher, the demolisher shall not pay the temporary resettlement subsidy.
Article 36 of the transitional period of demolition and relocation from the date of the demolished or housing tenant to vacate and hand over the demolished house, generally not more than 18 months. The demolition, the demolished or housing tenant shall comply with the agreement on the transition period. The demolisher shall not extend the transition period without authorization, and the user of the swing space shall vacate the swing space on time.
Extension of the transition period due to the responsibility of the demolition of the demolition, from the month of the overdue, the demolition of the demolition shall be in accordance with the relevant provisions of the demolition of the demolished person or the tenant of the house to increase the temporary resettlement subsidies, the parties agree otherwise, from its agreement.
Article 37 If the demolition and removal of non-residential housing results in the cessation of production or business, the demolition and removal agent shall provide compensation in accordance with the relevant provisions.
Article 38 of the relocation subsidies, temporary relocation subsidies, relocation incentive fee and telephone, cable TV, air conditioning, gas shifting and other subsidies and non-residential housing discontinued, discontinued subsidy standards, the municipal housing demolition and relocation of the management in conjunction with the pricing and other departments to formulate.
Article 39 of the demolition of houses with mortgages, in accordance with national laws on security.
Article 40 If a residential house which has been approved by the competent administrative department and has obtained legal property rights is demolished or relocated less than 7 years from the date of completion to the date of issuance of the demolition and relocation permit, the demolition and relocation agent shall increase the amount of compensation for the person to be demolished and relocated in accordance with the following standards:
(1) If it has been less than 1 year, increase the amount of the total amount of compensation of the house to be demolished and relocated by (the same hereinafter) 19%;
(2) if it has been 1 year If it is more than 2 years and less than 2 years, increase by 18%;
(iii) If it is more than 2 years and less than 3 years, increase by 17%;
(iv) If it is more than 3 years and less than 4 years, increase by 16%;
(v) If it is more than 4 years and less than 5 years, increase by 15%;
(vi) If it is more than 5 years and less than 6 years, increase by 10%;
(vii) If it is more than 6 years and less than 7 years, increase by 5%;
(viii) If it is more than 6 years and less than 7 years, increase by 5%. or more than 7 years but less than 7 years, an increase of 5%.
All references to above in this article include this number.
Article 41 If the demolished person has only one house and the amount of monetary compensation is lower than the minimum standard of demolition and relocation compensation, the demolition and relocation agent shall compensate in accordance with the minimum standard of demolition and relocation compensation. The minimum standard of demolition and relocation compensation is now set at 80,000 yuan for urban areas, 50,000 yuan for Jintan City and Liyang City, and will be adjusted by the municipal people's government in due course according to the actual situation.
The demolished person who has only one house must meet the following conditions:
(a) actually living in the house to be demolished;
(b) having no house elsewhere.
The demolition and removal of the demolition and removal of people shall enjoy the minimum standard of compensation for demolition and removal of public notice. After the expiration of the publicity period, the situation is true according to the minimum standard of compensation for demolition and relocation of compensation to be compensated.
Holding the civil affairs department issued the "urban residents of the minimum subsistence allowance relief card" of the demolished, such as enjoying the minimum standard of compensation for demolition is still unable to solve the housing, by the demolition of the demolition of the person to provide not less than the original housing area of the housing to be properly resettled; demolished people request to buy affordable housing or rental of low-cost housing in urban areas, according to the management of the economic housing or low-cost urban housing The demolished person may apply to the relevant departments in accordance with the management of affordable housing or urban low-cost housing.
The demolished person shall not be entitled to the minimum standard of compensation for demolition and relocation in any of the following cases:
(1) The appraised value of the house with property rights in the same **** exceeds the minimum standard of compensation for demolition and relocation;
(2) In the case of a house in which a residential house is used for mixed use with a non-residential house, the total amount of the demolition and relocation compensation for the residential and non-residential parts exceeds the minimum standard of compensation for demolition and relocation;
(3) A house that has already been entitled to the minimum standard of compensation for demolition and relocation; and >(iii) Those who have already enjoyed the minimum standard of demolition and relocation compensation.
Chapter IV Demolition and relocation assessment
Article 42 of the real estate market price assessment of the demolished houses shall be carried out by real estate appraisal institutions (hereinafter referred to as appraisal institutions) with real estate appraisal qualifications of three levels or more issued by the competent administrative departments of construction at or above the provincial level. The appraisal report must be signed by a full-time registered real estate appraiser.
The municipal real estate management department shall, in conjunction with the housing demolition and relocation management department, annually publicize a number of appraisal institutions with high qualification level, strong comprehensive strength and good social reputation for the parties involved in the demolition and relocation to choose from.
Article 43 of the real estate market price assessment shall follow the principle of openness, fairness and justice.
Article 44 in the same demolition project appraisal, the appraisal organization shall not have an interest in the housing demolition and relocation management department, demolition and relocation of the demolition and relocation of people. The appraisal organization and the appraisal personnel shall recuse themselves if they have an interest in the parties to the demolition and relocation or are parties to the demolition and relocation. The appraisal organization shall not collude with one party to the detriment of the other.
Article 45 The municipal and municipal real estate management department shall publish the real estate market price of all types of housing, and allow the appraisal institution and appraisal personnel to access the ownership registration file of the house being demolished and relocated and the relevant real estate transaction information.
The land administration departments of cities and municipalities under their jurisdiction shall allow the housing demolition and relocation administration departments and appraisal organizations to inspect the land registration information of the demolished and relocated people.
Article 46 of the demolition and relocation assessment shall take into account the following factors related to the demolished house:
(1) location: the surrounding environment of the house, the degree of accessibility of transportation and commercial services, the status of supporting facilities for public **** utilities, and other location regulating factors;
(2) use: the use of the certificate of ownership of the house shall be subject to the purposes indicated, the certificate of ownership of the house is not indicated the use of the house, to the house ownership registration records of the use of the house. (b) use: the use indicated on the certificate of ownership of the house, the use recorded in the housing ownership registration file shall prevail, but the business license and has been continuously operating for more than 1 year, should be combined with the number of years of operation with reference to the assessment of the business premises;
(c) floor area: the certificate of ownership of the house shall prevail over the building area; the building area is not clear of the direct management of the public housing to be leased area multiplied by the coefficient of ⒈ 22 to determine the floor area of the house; less than the land use area, the district of the district of the house is the land use area. Smaller than the land use area, the district compensation area should be calculated in accordance with the area specified in the certificate of state-owned land use rights;
(d) Decoration: Decoration compensation should be combined with the grade of decorative materials, prices, depreciation and other factors depending on the different circumstances of each natural room were calculated;
(e) Other factors: the form of housing structure, the degree of newness, floors, storeys, direction, etc..
Other factors: the form of building structure, newness, floor, floor height, orientation, etc.
Specific demolition and relocation assessment of technical details by the municipal housing demolition and relocation management department in conjunction with the relevant departments to develop.
Article 47 of the demolished houses for real estate market price assessment of the agency recommended by the demolition and relocation of the scope of the demolition and relocation of the announcement. If the demolished person has different opinions, he shall submit written opinions within 5 days from the date of announcement. If more than 50% of the demolished persons have different opinions, the housing demolition and relocation management department shall draw lots among the qualified appraisal organizations to determine, and the housing demolition and relocation management department shall announce the time and place of the drawing of lots in the place of demolition and relocation 3 days before the drawing of lots.
Article 48 After the appraisal organization for demolition and relocation is determined, it shall be commissioned by the demolisher. The commissioner shall sign a written demolition and relocation appraisal commissioning contract with the appraisal organization, and the cost of the appraisal shall be borne by the demolisher.
The entrusted appraisal organization shall not transfer or transfer in disguise the appraisal business entrusted to it.
The houses to be demolished within the same demolition scope determined by the housing demolition license shall, in principle, be appraised by one appraisal institution. Where assessment by two or more appraisal organizations is required, the appraisal organizations shall coordinate among themselves on the basis, principles, procedures, methods and selection of parameters of the demolition and relocation appraisal and implement the **** same standards.
Article 49 The appraisal organization shall notify the parties involved in demolition and relocation of the date set for on-site appraisal, and the parties involved in demolition and relocation shall be obliged to provide the appraisal organization with information necessary for demolition and relocation appraisal truthfully, and assist the appraisal organization in conducting the on-site investigation.
If the demolished person refuses the appraisal agency to appraise the demolished house, the appraisal agency may conduct the appraisal on the basis of the registration data of the ownership of the demolished house or the certificates that can confirm the right and the factors such as the location, orientation and building condition of the house, and the demolished person shall invite the notary public to be present at the site, and shall make the corresponding explanations in the appraisal report. The appraisal organization shall inform the demolition party of the possible consequences of refusing the appraisal. The results of the appraisal may be used as a basis for determining the amount of compensation for the demolition.
Article 50 The appraisal organization shall send the appraisal report of the demolished house to the principal. If the client is the demolisher, the appraisal report shall be sent to the demolished person by the demolisher in a timely manner.
If a party to the demolition has objections to the appraisal report, it may, within five working days from the date of receipt of the appraisal report, request the appraisal organization making the appraisal report to give explanations and clarifications. The appraisal organization making the appraisal report shall make a written explanation or clarification within five working days from the date of receipt of the objection. If the parties involved in the demolition and relocation still have objections to this, they can commission other appraisal organizations as stipulated in Article 42 of these Measures to reassess.
If the error between the reassessment result and the original assessment result is within 5% (including 5%), the original assessment result shall be valid and the reassessment cost shall be borne by the client. If the error between the reassessment result and the original appraisal result exceeds 5%, the parties involved in the demolition and relocation shall negotiate on their own, and if the negotiation fails, the parties involved in the demolition and relocation shall apply in writing to the appraisal expert committee, and the management department of housing demolition and relocation, together with the relevant departments, shall select the relevant experts by lot from the appraisal expert committee to carry out the appraisal. Evaluation expert committee by the real estate management department in conjunction with the housing demolition management department selected senior full-time registered real estate appraiser and real estate, urban planning, law and other aspects of the expert composition. Appraisal expert committee shall, within 10 days from the date of receipt of the application, apply for appraisal of the appraisal report of the appraisal basis, appraisal of the technical route, appraisal method selection, parameter selection, appraisal results to determine the manner of appraisal technical issues such as the issuance of written appraisal opinion. If the appraisal adopts the original appraisal results, the costs of reassessment and appraisal shall be borne by the principal of the reassessment and the reassessment organization*** together; if the appraisal adopts the results of the reassessment, the costs of reassessment and appraisal shall be borne by the relative of the principal and the original appraisal organization*** together.
Article 51 The demolition and relocation agent shall announce the appraisal results at the place of demolition and relocation within five days after the appraisal is completed.
Chapter V Penalties
Article 52 violates the provisions of this measure, without obtaining a housing demolition and relocation permit, unauthorized implementation of housing demolition and relocation, by the housing demolition and relocation management department ordered to stop the demolition and relocation, and give a warning, and impose has been demolished and relocated the housing floor area of each square meter of more than 20 yuan of less than 50 yuan of the fine.
Article 53 If a demolisher violates the provisions of these Measures and obtains a housing demolition and relocation permit by deception, the housing demolition and relocation management department shall revoke the housing demolition and relocation permit and impose a fine of more than 1% and less than 3% of the funds for compensation and resettlement for demolition and relocation.
Article 54 If a demolisher violates the provisions of these Measures and commits any of the following acts, the housing demolition and relocation administration department shall order the demolition and relocation to be stopped, give a warning, and may also impose a fine of not more than 3% of the funds for compensation and resettlement of the demolition and relocation; if the circumstances are serious, the license for the demolition and relocation of the housing shall be revoked:
(1) If the demolition and relocation of housing is not carried out in accordance with the scope of demolition and relocation determined by the license for the demolition and relocation of the housing;
(ii) entrusting units not qualified for demolition to carry out demolition;
(iii) unauthorized extension of the demolition period.
Article 55 If a demolition and relocation unit transfers its demolition and relocation business in violation of the provisions of these Measures, the housing demolition and relocation administration shall order rectification, confiscate the illegal income, and impose a fine of not less than 25% and not more than 50% of the demolition and relocation service fee agreed in the contract.
If the demolition and relocation unit and its staff falsify or abuse their power, the directly responsible supervisors and directly responsible personnel shall be given sanctions by their units or higher authorities in accordance with the law; if the circumstances are serious, the housing demolition and relocation management department shall revoke their demolition and relocation license, and may impose a fine of 1000 yuan or more than 10,000 yuan or less.
Article 56: Where a party to a demolition or relocation violates the provisions of these Measures and commissions an unqualified appraisal organization to carry out a demolition or relocation appraisal, the housing demolition and relocation management department shall order the party to make corrections.
Article 57 of the appraisal institutions and demolition parties to collude with each other, intentionally low or high real estate market appraisal of the demolished house, the appraisal results are invalid, by the real estate management department in conjunction with the management of housing demolition and relocation of 5,000 yuan or more than 50,000 yuan below the fine; there is illegal income and confiscation of the illegal income; the circumstances are serious, suspended until the cancellation of the appraisal qualification; If it constitutes a crime, it shall be investigated for criminal responsibility according to law; if it causes losses to others, it shall be liable for compensation according to law.
Article 58 undertakes the business of house demolition project construction enterprises demolition of houses without taking safety guarding measures, by the competent administrative department of construction ordered to correct, and give a warning, and impose a fine of more than 2,000 yuan of 30,000 yuan; causing casualties, but also shall be held civil liabilities according to law; constitutes a crime, shall be investigated for criminal responsibility.
Article 59 of the demolished person or housing tenant intentionally false, fraudulent means of obtaining compensation for demolition and relocation, shall be recovered and in accordance with the relevant state laws and regulations shall be held responsible.
The demolished or relocated person obstructs or refuses the staff of the demolition and relocation management department to perform their official duties, shall be dealt with by the public security department in accordance with law; if the situation is serious enough to constitute a crime, the judicial organ shall investigate the criminal responsibility in accordance with law.
Article 60 of the parties to the administrative organs of the specific administrative action is not satisfied, may apply for administrative reconsideration or administrative litigation.
Article 61 of the housing demolition and relocation of management departments and other relevant departments of the staff, dereliction of duty, beyond or abuse of power, favoritism, accepting bribes and soliciting bribes, infringement of the legitimate rights and interests of the parties involved in the demolition and relocation of the person directly responsible for the personnel in charge of the directly responsible personnel by their departments or higher authorities to give administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Article 62 of the housing demolition and relocation management department in violation of the provisions of this approach to issue housing demolition and relocation permits and other approval documents, the issuance of housing demolition and relocation permits and other approval documents do not fulfill the supervision and management responsibilities, or the demolition and relocation of illegal acts are not investigated, the directly responsible for the competent personnel and other personnel directly responsible for the administrative sanctions; the circumstances are serious, resulting in the public ****************************************************************************. Property, the state and people's interests suffered major losses, constituting a crime, shall be investigated for criminal responsibility.
Chapter VI Supplementary Provisions
Article 63 of the implementation of housing demolition and relocation on foreign-owned land in the urban planning area, and the need for compensation and resettlement of the demolished and relocated people, with reference to the implementation of these measures.
Article 64 The people's governments of municipalities may formulate specific implementation measures in accordance with these Measures, taking into account the local actual situation.
Article 65 of these Measures shall come into force on July 1, 2004. The Measures for the Administration of Urban Housing Demolition and Relocation of Changzhou City (Chang Zheng Fa [2003] No. 88) shall be repealed at the same time. Before the implementation of these measures, has received a housing demolition and relocation of construction projects in accordance with the original provisions.
;