"Siping shantytown housing compensation scheme" has been approved by the municipal government and is hereby issued to you, please follow it carefully.
Siping Municipal People's Government Office
2013 10 June10
Compensation scheme for shantytown demolition in Siping city
According to the arrangement of the provincial government on the transformation of shanty towns, according to the Regulations on Expropriation and Compensation of Houses on State-owned Land (Order No.590 of the State Council) and relevant laws and regulations, the municipal government has organized relevant departments to study and demonstrate, and it is planned to determine shanty towns 9#, 9#-8, 18#, 26#, 12#, straw-pulling houses and straw-pulling houses. In order to safeguard public interests and protect the legitimate rights and interests of the owner of the expropriated house, this scheme is formulated in light of the actual situation of this Municipality.
I. Principles of Expropriation and Compensation
Based on the principles of democratic decision-making, due process and open results.
Second, the scope of collection
(1) Plot 9 #-8: Dongfeng Machinery Equipment Co., Ltd. in the east, Yijing South Street in the west, planned Liuwei South Road and planned Wuwei South Road in the north. East to Tongda Steel Pipe Co., Ltd., west to Jingnan Street, south to Nanhe River, north to Changqing Vegetable Wholesale Market, Municipal Commercial Storage and Transportation Company, Jilin Hongtai Construction Group Co., Ltd., Wang Du Agricultural Products Refrigeration and Fresh-keeping Warehouse, and South Wall of Municipal Fan Factory. East Uprising Well Street, west to Nanhe, south to Nanhe, and north to Song Yuan Grain Depot Company.
(2)9 # plot: east to Shiyijing Street, west to Erjing Street, south to Beiyiwei Road, and north to the south fence of Haohua Company.
(3) 12 # plot: Pingdong Street in the east, Dongfeng Machinery Equipment Co., Ltd. in the west, Liuwei Road in the south, Dongfeng Machinery Equipment Co., Ltd. in the east, Nanjing Sijing Street in the west, Liukongqiao Road in the south and Dongfeng Machinery Equipment Co., Ltd. in the north.
(4) Plot 26 #-4: Dongfeng Road in the east, Qiwei Road in the planning south in the west, Nanhe River in the south and Pingdongxi Road in the north. East to Nanhe, west to Dongfeng Road, south to Nanhe and north to Pingdong Xiaozhi.
(5) Plot18 #-4: It is adjacent to the Third Chemical Plant in the east, Yijing Street in the south, Beihe River in the south and planned Fuxing Road in the north.
(6) Plot18 #-3: ammunition depot and Liye Village resin factory in the east, Yijing Street in the west, Fuxing Road in the south and Martyrs Cemetery in the north.
(7) Plot of 207 Historical Block: Harbin-Dalian Railway in the east, Renxing Street in the west, Aimin Road in the south and Beigou Xincun Community in the north.
(8) Caolafang (Buildings 35 and 62 of South Sports Street) plot: Qingnian Street in the east, Xinhua Street in the west, Fucai Road in the south and Building 60 of South Sports Street in the north.
Finally, the planning scope map shall prevail.
Third, the theme of the collection.
District people's government
Fourth, the collection department
District housing and urban-rural development bureau
Five, the implementation of the collection unit
The housing collection and processing center in the district.
Organization and implementation of intransitive verbs
The main responsibilities of the municipal government (the Municipal Housing and Construction Bureau is responsible for the specific implementation): to issue the collection task according to the collection plan; Responsible for the formulation and revision of the "Measures for the Collection and Compensation of Houses on State-owned Land in Siping City" and related documents; Responsible for the supervision and guidance of housing expropriation and compensation; Responsible for organizing and promoting the resettlement work; Responsible for supervising the collection, storage, payment and use of housing expropriation and compensation funds.
The main responsibilities of the district government: responsible for the specific organization and implementation of housing expropriation for shantytown renovation plots; Responsible for all procedures from the legality review to the end of the house expropriation project; Responsible for negotiating with the expropriated person to sign the house expropriation compensation agreement; Respond to all lawsuits caused by house expropriation; Perform other duties as stipulated in the Regulations.
Seven, the implementation time of the collection
It will be implemented as of the date of announcement of the collection decision.
Eight, the collection of compensation signing period
The contract period for expropriation compensation is within 60 days from the date of the announcement of the house expropriation decision.
Nine. Relevant regulations
(a) after the announcement of the scope of expropriation, no unit or individual may carry out the following activities on the houses and land within the scope of expropriation:
1. Newly built, rebuilt, expanded and renovated houses.
2. Change the use of the house.
3. Household registration moves in.
4. Other acts of improperly increasing compensation costs.
(two) the identification of the construction area and use of the expropriated house shall be subject to the area and use indicated in the house ownership certificate issued by the housing management department; If the house ownership certificate is not marked, the area and purpose marked on the property registration card shall prevail.
If the area of the property certificate is inconsistent with the actual construction area, the surveying and mapping area in the corresponding surveying and mapping report issued by a surveying and mapping company with surveying and mapping qualifications shall prevail.
Houses without legal property right certificates shall be investigated, identified and handled by relevant departments such as municipal government organization and planning. Temporary buildings that have been recognized as legal buildings and have not exceeded the approval period shall be compensated; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.
X. Basic situation of house expropriation
The total number of households expropriated is 6,997, and the expropriated building area is about 520,650 square meters. Among them, 9# plot in shed reform needs to be expropriated by 1.654 households, and the expropriated building area is about1.654,380+0.37 million square meters; 1297 households need to be expropriated for the shed reform of 9#-8 plot, with a construction area of about 84,500 square meters; The shed reform 12# plot needs to collect 367 households, with a construction area of about 42,500 square meters; 960 households need to be expropriated for the shed-to-26# plot, with a construction area of about 7 1.750 square meters; 2,420 households need to be requisitioned for the shed reform 18# plot, with a construction area of about169,400 square meters; Caolafang plot needs to be expropriated by 160 households, and the expropriated building area is about 13900 square meters; The plot of 207 historic block needs to be expropriated by 139 households, with a construction area of about 24,900 square meters.
XI。 Compensation method
The houses and business outlets of the expropriated person can choose monetary compensation or property right exchange to move back.
Twelve. Compensation standard
(a) residential housing expropriated people choose monetary compensation standards. The amount of monetary compensation shall be assessed by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method, with the assessment price as the compensation standard. And give monetary rewards according to the standard of 20% of the price per square meter.
(2) If the expropriated person chooses property right exchange, the basic apartment type of the property right exchange residential house is 14, namely: 40m2, 45m2, 50m2, 55m2, 60m2, 65m2, 70m2, 75m2, 80m2, 85m2, 90m2 and 95m2. The collection area of less than 40㎡ (including 40㎡) shall be placed according to 40 ㎡; All those over 40㎡ and under 45㎡ (including 45㎡) shall be placed in 45 ㎡; Those over 45㎡ and under 50㎡ (including 50㎡) shall be placed at 50 ㎡; More than 50㎡ but less than 55㎡ (including 55㎡), it will be relocated to 55 ㎡; More than 55㎡ and less than 60㎡ (including 60㎡) shall be placed in 60 ㎡; More than 60㎡ but less than 65㎡ (including 65㎡), it will be relocated to 65 ㎡; 65㎡ but less than 70㎡ (including 70㎡), it will be placed in 70 ㎡; More than 70㎡ but less than 75㎡ (including 75㎡), it will be placed in 75 ㎡; 75㎡ but less than 80㎡ (including 80㎡), it will be placed at 80 ㎡; More than 80㎡ but less than 85㎡ (including 85㎡), it will be resettled to 85 ㎡; More than 85㎡ but less than 90㎡ (including 90㎡), it will be placed in 90 ㎡; More than 90㎡ and less than 95㎡ (including 95㎡), it will be placed in 95 ㎡; More than 95㎡ and less than 100 ㎡ (including 100㎡), they shall be placed according to 100㎡; 100㎡ above, and settled in 105 ㎡;
1. Requisition of multi-storey houses with legal property certificates
(1) implements "one levy and one point two", and does not look for the price difference, and the property right belongs to the expropriated person.
(2) Calculation standard of increased area
The increased area near the house type shall be settled according to the average cost price of Jian 'an (1.800 yuan/square meter), and the increased area outside the area to be resettled shall be settled according to the price of commercial housing on the relocated plot.
(3) The compensation for the interior decoration of the expropriated person shall be assessed by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method, with the assessment price as the compensation standard.
(4) The residents of the building built mezzanine without the approval of the relevant departments, forming an attic. According to Code for Property Survey (GB/T 17986-2000) and Calculation of Building Area of Interlayer, Interlayer, Technical Floor, Elevator, etc. with a height exceeding 2.20M, the existing privately-built attic with a height exceeding 2.2 m has practical living function. After surveying and mapping,
2. Requisition of residential bungalows
(1) The residential house with legal property right certificate (including state-owned land use certificate) shall be expropriated. If the expropriated person chooses to exchange property rights, the "one levy, one point one" will be implemented, and the price difference cannot be found, and the property rights will be owned by the expropriated person.
(2) If the expropriated person chooses to exchange the property right of the residential house without legal property right certificate and with residential function, the expropriated person will give "one point and one point", and the property right will be owned by the expropriated person, which is recognized as the residential house built before 1984 (including 1984) by the competent department of urban planning administration. The residential houses built before 1984 and 200 1 year (including 200 1 year) are converted into areas according to the proportion coefficient of 0.54 per square meter of construction area; It is a residential house built after 200 1 and before 2007 (including 2007). The area is converted according to the construction area per square meter, and the proportion coefficient is 0.46. The converted area is given by the expropriated person "one levy and one point one return", and the property right belongs to the expropriated person, and the price difference is not found.
(3) If the expropriated person moves within the specified time, the certified housing area shall be subject to the housing property certificate, and the unlicensed housing area shall be discounted according to the provisions of this article, and 10% of the expropriated person's housing area shall be rewarded.
The expropriated person has both legal property right certificate residential houses and legal property right certificate residential houses, and the expropriated person's residential houses without legal property right certificate are merged with the legal property right certificate residential house area and reward area for relocation and resettlement according to regulations.
(4) Calculation standard of increased area
The added area near the apartment shall be settled at the average price of 1.800 yuan/㎡, and the added area outside the resettlement area shall be settled at the price of commercial housing.
(5) Appendices of the expropriated person (including barns, toilets, permanent food cellars, fences, gates, etc.). ) compensation shall be made according to the assessed price.
3 holders of the "minimum living guarantee certificate for urban residents" issued by the municipal civil affairs department will continue to receive the security fund. After the merger, if the housing area and reward area with legal title certificate are still less than 40 square meters, they will be resettled to 40 square meters free of charge after verification and confirmation by the house expropriation department, and some property rights will be owned by the government free of charge.
4. The property certificate of the expropriated house is recorded as residential, but if the expropriated person uses the house to engage in business activities, compensation shall be made according to the resettlement of residential houses.
For residential houses with valid industrial and commercial business licenses and engaged in business activities at the time of collection, the loss of production and business suspension shall be calculated according to the actual tax payment threshold × 15%×3 months. If the minimum tax threshold is not reached, it will be calculated according to the minimum tax threshold, that is, the monthly loss of production and business suspension is 20,000 yuan/month ×15% = 3,000 yuan, which will be calculated in three months.
5 units to levy self-management property rights of residential housing. Units to give up property rights, there must be a unit to give up property rights certificate, based on the unit's housing ownership certificate or the unit's fixed assets account or financial related original credentials for confirmation, and signed by the legal representative or person in charge of the unit. After meeting the requirements, compensation shall be made according to the residential houses with private property certificates.
If the unit does not give up the property right, it will be compensated according to the proportion of 30% of the expropriated housing area and 70% of the individual. If the expropriated person chooses to exchange property rights, he shall be compensated according to 70% of his personal income, and the property rights shall be owned by the expropriated person. Increase the area according to the provisions of this plan. If the expropriated person chooses monetary compensation, 70% of the area occupied by the expropriated person shall be assessed by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method, with the assessment price as the compensation standard. 30% of the income of the property unit shall be compensated by the property unit according to the assessed price of 30% of the house to be expropriated.
6. Expropriation of self-built public houses should be based on the certificate of abandonment of property rights issued by the investment unit, stamped with the official seal, signed by the legal person, and issued with a ledger or stamped by the competent department. After verification and confirmation by the on-site staff, it will be "one-on-one", and the price difference will not be found, and the property rights will belong to the expropriated person.
7. Requisition of independent houses without legal real estate license, with independent accounts. After converting the area according to the regulations, multiply it by the coefficient and add the reward area. The insufficient area of the upper-floor apartment shall be settled according to the average cost price of Jian 'an 1800 yuan/m2, and the surplus area shall be settled according to the price of commercial housing.
8. Houses with legal property right certificates and houses without legal property right certificates should be merged and resettled, but they live in multiple households and have multiple accounts (proof of permanent residence issued by streets or communities). Houses with legal property right certificates and houses without legal property right certificates can be resettled separately. Houses with legal property certificates can be compensated according to this scheme and enjoy the settlement of apartment area at Jian' an cost price; Houses without legal title certificate shall be converted according to the provisions of this scheme. If the reward area is increased, it can only be settled at the average cost price of Jian 'an, 5 square meters, 1.800 yuan/square meter, and the insufficient area and the increased area shall be settled at the price of commercial housing.
9. If the area of the house to be expropriated is large, and the type of house to be relocated cannot meet the requirements of relocation, you can choose the type of house to be relocated by household. However, no matter how many households are divided, the expropriated housing area can only enjoy the preferential policy of no more than 5m2, and the extra area is settled according to the price of commercial housing.
10. There is only one house where the expropriated person lives. If it is required to be divided into households, it can be placed in households. However, the area near the basic apartment type enjoyed by the original housing area is only increased by one set, and the excess area is settled at the cost of construction and installation.
1 1. About disabled people with lower limbs and residents living in high-rise buildings due to illness.
The family members of the expropriated person are disabled persons with lower limb disability or blindness, and actively cooperate with the expropriation work. If they need to be taken care of after their own application, they shall be verified by the on-site staff, and a copy of the disability certificate shall be submitted, indicating the lower limb disability or blindness in the agreement; If you are over 75 years old or cannot go to the next floor due to serious illness, the regular medical institutions will provide relevant certificates, and the on-site staff will verify and issue comprehensive materials. When you move back, you can take care of the first floor.
12. If the expropriated person who chooses to exchange property rights involves the relocation of natural gas, cable TV, broadband and other facilities, the expropriated person shall be responsible for the relocation; If the expropriated person chooses monetary compensation, the expropriated person shall make compensation according to the effective bills such as installation fees provided by the expropriated person.
(3) Expropriation of garage
1. Requisition of garages with legal real estate licenses (including underground garages). Property rights exchange, the implementation of "one for one", can not find the price difference, property rights owned by the expropriated person.
2. If the garage (including underground garage) with legal property right certificate is levied and monetary compensation is selected, if the garage (including underground garage) without legal property right certificate is levied, the real estate appraisal agency with corresponding qualifications shall evaluate it according to the house expropriation evaluation method, with the evaluation price as the compensation standard.
(4) Expropriation of non-residential houses
1. Expropriate non-residential houses (including buildings and bungalows) with legal property certificates. If the expropriated person requests property rights exchange, the "one for one" will be implemented, and the property rights will be owned by the expropriated person without looking for the price difference.
The increased resettlement area shall be settled according to the price of commercial housing.
2. Non-residential houses with legal property rights certificates and non-residential houses without legal property rights certificates shall be assessed by real estate price assessment agencies with corresponding qualifications, and the assessed price shall be used as the compensation standard for compensation.
3. Expropriation of non-residential houses, production equipment, ancillary facilities and raw and auxiliary materials shall be demolished and relocated by the expropriated person, and the expenses incurred shall be assessed by an assessment agency with corresponding qualifications, with the assessment price as the compensation standard.
4. The compensation object for the loss of production or business suspension shall meet the following conditions at the same time:
(1) The purpose of the house recorded in the house ownership certificate or the house registration book is the non-residential house for production and operation.
(2) Having a legal and valid business license.
(3) It has gone through the tax registration and has a tax payment certificate.
(4) Continued production and operation on the date of announcement of the expropriation decision, resulting in the loss of production or business suspension due to house expropriation.
Except as otherwise provided by laws and regulations.
5. The scope of compensation for the loss of production or business suspension:
(1) Compensation for loss of net profit during shutdown.
(two) compensation for the loss of wages of employees during the period of suspension of production and business.
6. Compensation standard for loss of production or business suspension:
(1) The compensation for net profit loss during the suspension of production and business is calculated according to the annual average net profit on the announcement date of the house expropriation decision, and the specific income tax payment certificate shall prevail.
(two) the compensation for the loss of wages of employees during the period of suspension of production and business is determined according to the number of employees who pay the old-age insurance on the date of announcement, and the compensation standard is determined according to the payment base of the old-age insurance.
(3) If the income tax payment certificate or pension insurance payment certificate cannot be provided, the relevant departments shall calculate the value of net profit and compensate for the loss of wages of employees.
7. Time limit for compensation for losses caused by suspension of production or business:
(1) If the compensation for property right exchange is selected, it shall be from the date of signing the property right exchange agreement to 3 months after the property right exchange house is delivered to the expropriated person.
(2) If monetary compensation is selected, the relevant departments will compensate for the loss caused by one-time suspension of production and business for three months after calculating the net profit value. (From the date of signing the monetary compensation agreement, the company will compensate for the loss of production or business suspension for 3 months at one time. )
8. If the property owner of the expropriated house is inconsistent with the production operator, the loss standard of production and business suspension is the same as the compensation standard of the property owner when he produces and operates on his own.
The distribution of compensation for losses caused by the suspension of production and business shall be implemented as agreed by both parties; If there is no agreement, it shall be allocated by both parties through consultation; If the negotiation fails, the house expropriation department will file a case for notarization of the compensation for the loss of production and business suspension, and pay it after the parties negotiate or the litigation result is determined.
(5) Compensation for the ownership of houses in enterprises and institutions.
It should be assessed by a real estate price assessment agency with corresponding qualifications, with the assessed price as the compensation standard. Production equipment, ancillary facilities and raw and auxiliary materials shall be dismantled and moved by the expropriated person, and the expenses incurred shall be assessed by an assessment agency with corresponding qualifications, with the assessment price as the compensation standard.
If the collector is responsible for the demolition, the collector will no longer pay the expenses arising from the demolition.
Thirteen. Selection method of relocation location, time and quantity.
If property rights exchange is selected, the location of the property rights exchange house should be placed in an area of no more than 2 kilometers. The resettlement transition period is 30 months.
The choice of relocated houses shall be selected by the expropriated person within the scope of relocated houses provided by the expropriated person according to the serial number indicated in the property right exchange agreement. In the case of housing security, the expropriated person shall not refuse to move back on the grounds that the location of the house and floor is not suitable.
Fourteen Relocation allowance
Residential housing users due to the collection of moving, each household to a one-time moving subsidy 500 yuan.
Fifteen, residential housing temporary resettlement fees
If the expropriated person arranges the transitional house by himself, before the property right exchange house is delivered for use, the house expropriation department shall pay the expropriated person a temporary resettlement fee according to the house expropriation area, with the standard of 9 yuan/month/㎡ (subject to the area of the property right certificate, the converted area of the house without legal property right certificate, and the area is not up to the minimum number of demolition units, it shall be calculated according to the minimum number of demolition units). If the collector fails to organize the relocation of the expropriated person on schedule, it will be increased by 1 times per month according to the temporary resettlement subsidy standard.
When the expropriated person is relocated, he shall settle the monetary compensation expenses such as moving expenses and decoration compensation fees.
Sixteen. Safeguard policy
Expropriation of individual housing, the expropriated person meets the housing security conditions, after examination and verification by the relevant departments, priority shall be given to resettlement.
17. No agreement can be reached.
If no compensation agreement can be reached within the signing period determined by the expropriation compensation scheme or the owner of the expropriated house is unclear, the District People's Government shall make a decision on expropriation compensation according to the expropriation compensation scheme and make an announcement within the scope of house expropriation.
Eighteen. carry out
After the District People's Government issues the compensation decision, if the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the District People's Government shall apply to the people's court for ruling to grant compulsory execution.
Nineteen, the matters needing attention of the expropriated person
In the collection work, please be vigilant to ensure safety and prevent accidents such as gas, water and electricity. Security should be strengthened, and important documents such as ID card, real estate license, household registration book and marriage certificate should not be handed over to others or handled by others to avoid being cheated or causing unnecessary losses.