Article 1 in order to make the urban housing demolition and relocation work well adapted to the requirements of the market economy and housing system reform, for urban housing demolition and relocation of the parties to provide a choice of demolition and resettlement compensation, according to the relevant laws and regulations, combined with the actuality of the city, the development of this approach.
Article 2 where the city's urban planning area within the scope of state-owned land, for the implementation of construction projects require the demolition of housing and its appurtenances, the application of these measures.
Article 3 of the provisions of the monetary settlement compensation, refers to the demolition of houses in the demolition of the demolition of the house will be demolished according to the provisions of the house into a monetary payment, paid to the demolished person, the demolished person to buy their own resettlement house resettlement form.
Article 4 approved by the government, the land for pre-development, the nature of the construction project is not determined by the demolition of housing, shall be implemented in accordance with these measures monetary resettlement compensation.
Article 5 demolition shall be in accordance with the approved monetary compensation program to resettle the demolished, but the following circumstances:
(a) demolition and demolition of the form of monetary resettlement compensation for the demolition of people can not reach agreement;
(b) the demolition of private housing **** someone on the monetary resettlement method can not reach agreement;
(c) the demolition of (C) the demolition of rented housing (in line with the state policy on private housing reconstruction and other reasons for the formation of the lease), the lessor and the lessee on the distribution of monetary resettlement of the negotiation of the amount of disagreement;
(D) disputes over the property rights of the house or ownership of unclear;
(E) the demolition of the house with a mortgage, the mortgagor and mortgagor has not re-established a mortgage or the mortgagor has not paid the debt;
(F) other circumstances that are not suitable for monetary resettlement compensation.
Article 6 implementation of monetary compensation for demolition projects, the demolition shall be submitted to the municipal administrative department of housing demolition of the monetary compensation plan, and will not be less than 85% of the total cost of compensation for demolition and resettlement of the funds deposited in the municipal administrative department of housing demolition of the designated bank of the demolition of the monetary compensation account before applying for a permit for demolition of housing.
Article 7 of the demolition of the choice of monetary compensation, should be signed with the demolition of monetary compensation agreement for house demolition.
Monetary resettlement compensation agreement shall contain the following main content:
(a) the name of the demolition and the demolition of the names of the two parties or units (demolished including the owner of the house and the user of the house);
(b) the nature of the use of the house being demolished, the lot, the address of the grade, the rate of newness;
(c) the floor area of the house to be demolished (in terms of the "certificate of ownership" on the area of the building). (c) The floor area of the demolished house (based on the area stated in the Certificate of Ownership, and the floor area stated in the lease deed of public housing for directly-managed residential houses and public non-residential houses);
(d) The amount of compensation for monetary resettlement, the method of distribution, and the time limit for payment;
(e) The time limit for the demolished person's removal;
(f) The liability for breaching the contract;
(g) The method of dispute settlement;<
(viii) other terms and conditions that both parties to the demolition and relocation consider necessary.
Monetary resettlement compensation agreement should be unified text.
Article 8 of the residential housing demolition compensation by the housing value of compensation and compensation for residential area of two parts.
The house price compensation according to the replacement price of the demolished house combined with the determination of the new.
Compensation for living space is equal to the price of compensation for living space multiplied by the floor area of the demolished house.
For the demolished people whose original housing area is small (calculated by the title certificate or lease certificate of the demolished house), if the resettlement housing that can be purchased by the compensation for demolition and relocation does not meet their basic living conditions, the demolition and relocation people will give subsidies for purchasing the house. The subsidy standard is: demolition compensation less than 50,000 yuan, make up 50,000 yuan; demolition compensation more than 50,000 yuan, less than 60,000 yuan, make up 60,000 yuan.
According to the city's economic development and changes in real estate prices, the subsidy standards set out in the preceding paragraph, by the municipal housing demolition and relocation of the administrative department in conjunction with the municipal price department to adjust in due course and approved by the Municipal People's Government announced.
Article IX demolition of public rental residential housing, housing value compensation paid to the owner of the demolished house as a city or unit housing fund (deemed to be the lessee has been in accordance with the housing reform policy to buy public housing in the area of public housing), residential area compensation paid to the demolished house lessee.
The demolished housing tenant is now living in public housing area (including other public housing and public housing has been purchased) in excess of the housing reform policy of the upper limit of the area of the current housing purchase standard, the exceeding part of the compensation for the living space is no longer paid, the housing value of the compensation for the owner of the demolished house.
Article 10 of the demolition of private housing (including the purchase of public housing), the demolition of the demolition shall be paid to the demolition of compensation to the owner of the demolished house.
Article 11 demolition of privately owned rental housing, the demolition and relocation shall be based on the written agreement between the parties to the lease on the disposal of the lease relationship of the agreed way to pay compensation for demolition and relocation.
Article 12 non-residential housing refers to the city housing demolition and relocation of administrative departments issued before the demolition notice, with legal procedures and actually used as non-residential housing.
Non-residential housing is divided into business premises and non-business premises. Business housing refers to commercial service housing directly engaged in business activities; non-residential housing other than business housing is collectively referred to as non-business housing, including business housing supporting housing, production, office, medical, cultural and educational, warehousing and other housing.
Before the announcement of the demolition and relocation, the planning department planning permission and land use change procedures for residential housing, can be recognized as non-residential. A
Article 13 of the demolition of non-residential housing compensation by the house for the value of the compensation, commercial location compensation for a one-time comprehensive subsidies composed of three parts.
The house value compensation according to the replacement price of the demolished house combined with the determination of the new.
Commercial location compensation price is determined according to the commercial location of the demolished non-residential housing combined with regulatory factors.
The one-time comprehensive subsidy shall be determined in accordance with the actual user of the demolished business premises to pay taxes and fees comprehensively, paid to the actual user of the house being discounted.
Article 14 of the non-residential housing commercial district compensation price according to the demolished house district level and use of function according to the implementation of different compensation standards, and adjusted according to the following factors:
(a) non-residential housing one layer of the street frontage width (openings) and the depth (depth) than the adjustment coefficient:
1, less than 0.6, adjustment coefficient of 0.85;
p> 2, greater than 0.6 (including 0.6), less than 0.8, the adjustment factor of 0.9;
3, greater than 0.8 (including 0.8), less than 1, the adjustment factor of 0.95;
4, greater than 1 (including 1), less than 1.2 people do not regulate;
5, greater than 1.2 (including 1.2), less than 1.5 adjustment factor of 1.05;
6, greater than 1 (including 1.2), less than 1.5 regulation factor of 1.05;
6, greater than 1.5 (including 1.5), the adjustment factor of 1.1
(b) two sides of the street (more than two sides of the street according to the calculation of two sides of the street), the district grade level of the high street frontage (the main street frontage) district compensation shall prevail when the sub-street frontage:
street frontage width of 50% of the width of the main street frontage (including 50%), the adjustment factor of 1.05;
p> The width of the street frontage is more than 50% and less than 100% of the width of the main street frontage, the adjustment factor is 1.1;
The width of the street frontage is more than 100% (including 100%) of the width of the main street frontage, the adjustment factor is? Stool?SPAN>1.15.
Two sides of the street adjustment factor applies only to the ground floor of the business premises.
(C) business premises to the district compensation price as the base price, the second floor is reduced by 20%, the third floor is reduced by 30%, the fourth floor and more than four floors is reduced by 40%, the basement and semi-basement is reduced by 60%.
The compensation price of the ground floor business house is equal to the base price of the district compensation multiplied by the adjustment coefficient of the ratio of the depth of the openings multiplied by the adjustment coefficient of the two sides of the street.
The compensation price for business premises above the second floor is equal to the zone compensation base price multiplied by the floor adjustment factor.
Non-residential housing above the cumulative zoning adjustment is not less than the residential zoning compensation standards in the same area.
The fifteenth level of demolition by the government pricing of rental non-residential housing, the demolition shall be based on the leasing parties to dispose of the lease relationship between the written agreement agreed upon ways to pay compensation for demolition. No agreement or agreement is not, the owner of the demolished house, you can choose the housing compensation.
In the case of monetary compensation, the demolisher shall pay the compensation for the value of the house to the owner of the demolished house, and the compensation for the commercial area shall be handled in accordance with the following provisions:
(a) if the lease period is less than 2 years, the compensation for the commercial area shall be paid to the owner of the demolished house;
(b) if the lease period is more than 2 years and less than 5 years, 90% of the compensation for the commercial area shall be paid to the owner of the demolished house and 10% is paid to the ancestor;
(c) if the tenancy period is more than 5 years and less than 10 years, 70% of the compensation for the commercial area is paid to the owner of the demolished house and 30% is paid to the tenant;
(d) if the tenancy period is more than 10 years and less than 15 years, 50% of the compensation for the commercial area is paid to the owner of the demolished house and 50% is paid to the tenant;
(e) the tenancy period of more than 15 years, 30% of the compensation for commercial space is paid to the owner of the demolished house, and 70% is paid to the tenant.
The tenancy period refers to the lease period agreed by the leasing parties in the lease deed of the demolished house.
Article 16 demolition in accordance with the negotiated rent rental housing, the owner of the house should be with the user to terminate the lease (lease contract has agreed, from its agreement), the demolition of the owner of the house to compensate.
Article 17 after the signing of the agreement on monetary resettlement compensation, the demolished person shall be relocated within the agreed period of relocation, the demolition shall be in the agreed period of time, the monetary resettlement compensation deposited, the designated bank, the bank issued by the purchase of the deposit slip. The demolition and relocation of the demolition shall not be paid in cash to the demolished person monetary resettlement compensation.
Article 18 of the residential housing demolition monetary resettlement compensation shall be used by the demolished person specifically for the purchase of municipal real estate administrative department licensed sales of commercial residential or other housing, shall not be diverted to other uses.
The house purchase deposit order shall not be cashed at will, but the price of the house purchased by the demolished person is lower than the amount of the house purchase deposit order, or the demolished person does have other housing, and the area reaches the per capita living area standard stipulated by the municipal government, and no longer purchases housing after the demolition, after the approval of the municipal administrative department of house demolition, the house demolition compensation can be withdrawn in cash according to the relevant provisions.
The certificate of deposit for house purchase shall not be transferred or pledged.
In principle, the monetary compensation for non-residential house demolition and relocation shall be used for the purchase of non-residential houses by the people being demolished and relocated.
Article 19 of the demolished and relocated people to monetary settlement compensation for the purchase of housing, should be submitted to the bank concerned housing demolition and relocation of monetary settlement compensation agreement, the purchase contract and the purchase of the deposit slip. The relevant bank shall, in accordance with the agreement of the purchase contract, the amount of the purchase of the deposit order transfer payment to the housing unit.
Article 20 of the monetary resettlement compensation for the purchase of housing, belonging to the buyer, and reduce or waive the relevant fees in accordance with the law.
Article 21 of the demolition and relocation of monetary compensation combined with the monetization of housing allocation. Residential housing demolished people have not received housing subsidies, can be in accordance with the policy of monetary allocation of housing, to their units to apply for housing subsidies.
Article 22 of the implementation of monetary compensation, the demolition shall be paid in cash to the demolition of the following subsidies:
(a) a moving subsidies;
(b) six months of their own transition subsidies;
(c) removal of fixed facilities subsidies;
(d) "Wuxi City, Urban Housing (d) Other fees stipulated in the Measures for the Administration of Demolition and Relocation of Urban Housing in Wuxi City.
Article 23 of the demolition range of building volume ratio of small dry 1, the demolition of the demolition range of the demolished person's production site, the demolition shall be compensated in accordance with the district.
The land use right obtained by way of lease, in accordance with relevant laws and regulations.
The production site referred to in these Measures refers to the open-air site with State-owned Land Use Certificate, which is directly used for production, including the cargo yard of freight transportation enterprises, and the parking and repair yard of automobile transportation and repair enterprises. The open-air production site of the sauce factory, cement prefabricated components production site.
Article 24 of the demolition of production housing, the removal of its equipment installation and handling costs, by the demolition of the house in accordance with the replacement price of the floor area combined with the new 10% compensation, with heavy equipment, 20% compensation. Demolition of units of non-production housing, compensation at 5%.
Article 25 of these measures in the demolished house replacement price, residential location compensation price, non-residential housing commercial location of the present trap payment, a one-time comprehensive subsidies and other standards by the municipal administrative department in conjunction with the price department unified regulations, adjustments, and announced in due course.
Article 26 Jiangyin City, Yixing City can refer to the implementation of these measures.
Article 26 of these measures shall be implemented on a trial basis from the date of publication. These measures are not specified, in accordance with the "Wuxi City, urban housing demolition and relocation management measures".