First, send comments by letter to: Qixian Dongfeng Road, No. 101, Qixian County People
Government Housing Acquisition Management Office.
Contact: Hu Tianxiang Tel: 0354-5226160
Second, the deadline for comments: March 17, 2016
Third, such as not receiving any comments during the period of solicitation of opinions, deemed to agree with this program.
Hereby announce
Annex: Qixian twelve shantytowns (urban villages) housing expropriation compensation program (draft for comments)
People's Government of Qixian County
February 16, 2016
Compensation program for shantytowns (urban villages) housing expropriation in Qixian twelve shantytowns (urban villages)
(draft for comments)
In order to comprehensively promote the county shantytown housing expropriation compensation and resettlement work, safeguard the legitimate rights and interests of the people, according to the "People's Republic of China *** and the State Property Law", "People's Republic of China *** and the State Land Management Law", and with reference to the "State Council State-owned Land Housing Expropriation and Compensation Regulations," "Shanxi Province State-owned Land Housing Expropriation and Compensation Regulations" and related laws and regulations, combined with the actual situation of the county, the development of this Program.
First, the scope of the expropriation
Forging Factory Dormitory, Plumbing Factory South Dormitory, Cotton Weaving Factory Dormitory, Agricultural Machinery Company Dormitory, Explosion-proof Lamp Factory Dormitory, Distillery Dormitory, Meat Factory Dormitory, the old People's Hospital, the three-axis Dormitory, the Beiguan Village, the Finance Bureau, and other units of the Dormitory Area within the scope of all buildings, structures and ancillary facilities. (The specific scope of the red line map see expropriation)
Second, the division of labor
The main body of housing expropriation for the people's government of Qixian County, specifically by the people's government of Qixian County, housing expropriation management office is responsible for the expropriation, audit, gatekeeper, and entrusted to the Zhaoyeo town, Changyuan Management Committee, Lutai Management Committee, Danfeng Management Committee, the implementation of the organization, the county units concerned with the coordination.
Third, the principle of compensation and resettlement of expropriation
(a) compensation and resettlement of the object of the expropriated house owners.
(b) The scope of compensation is the expropriated house and the land of the expropriated person's right of use.
(3) The use of the expropriated house shall be determined in accordance with the Certificate of House Ownership and the Land Use Certificate, and if the use of the house is not registered, the use shall be determined in accordance with the use planned in the Planning Permit for Construction Works issued by the planning department, or determined by the planning department in accordance with the urban planning.
(d) The expropriated houses are built on collective land, and the floor area is determined according to the legally valid residence base use certificate.
(e) If the expropriated house is built on state-owned land, the determination of the building area shall be based on the legally valid house ownership certificate, the state-owned land use certificate and the approval document for the construction of the house.
(6) Illegal buildings or temporary buildings exceeding the approved period shall not be compensated. Temporary buildings that have not exceeded the approved period will be compensated in accordance with the replacement price combined with the remaining years.
(7) The expropriated houses have property rights disputes, which can not be resolved within the expropriation period, the expropriator will organize the personnel to make a good record of on-site investigation, put forward compensation and resettlement plan, and apply for notarization of evidence preservation to the notary public, then dismantle them first, and the expropriated people will handle the compensation and resettlement by the Mediation, Ruling, or Judgement.
(H) the expropriated house ownership is unclear by the Qixian People's Government Housing Acquisition Management Office to organize the land, housing, planning, state-owned companies, township (town) People's Government (urban management committee), village committees (community), housing management and other relevant departments to identify.
(ix) After the announcement of the scope of the expropriation shall not be implemented within the scope of the housing expropriation of new construction, expansion, alteration of housing and change of housing use and other activities.
(J) The expropriation for the current housing resettlement, after the announcement of the compensation plan, by the township (town) people's government (urban management committee), village committees (community), residents selected representatives of the simulation of the expropriation agreement, the signing rate of 100%, the signing of the simulation of the agreement came into effect and the expropriation of the compensation agreement with the same effect.
Fourth, the expropriation compensation
The housing expropriation according to the nature of land ownership (state-owned, collective), to take the property rights replacement.
(a) The compensation methods and standards for the implementation of property rights replacement for residential houses on state-owned land are as follows:
1. The method of converting the floor area of the main house.
Brick-concrete cast-in-place structure: one floor according to the house floor area of 1:1.2 to implement property rights replacement, above the first floor according to the house floor area of 1:1.1 to implement property rights replacement;
Brick-concrete prefabricated board structure: one floor according to the house floor area of 1:1.1 to implement property rights replacement, above the first floor according to the house floor area of 1:1.0 to implement property rights replacement;
Brick-wood structure: The first floor is replaced by the building area of 1:1, and above the first floor is replaced by the building area of 1:0.9.
2. Auxiliary rooms (east, west and south rooms) area conversion method.
Floor height greater than 2.8 meters (including 2.8 meters), in accordance with the main house conversion method of 80% replacement; floor height of 2.2-2.8 meters (excluding 2.8 meters), in accordance with the main house conversion method of 70% replacement.
3. Multi-storey residential buildings within the recorded area of the state-owned land use certificate will be converted according to the following methods.
Brick walls, prefabricated or cast-in-place roofs, fully furnished and put into use according to 1:1.1, and combined with the floor coefficient conversion.
(Attachment: floor coefficient table)
Number of floors
Floors First floor, second floor, third floor, fourth floor
Second floor 1.00 1.00
Third floor 0.98 1.05 0.97
Fourth floor 0.98 1.03 1.03 0.96
Conversion: floor area × 1.1 × floor coefficient = replacement. 1.1 × floor coefficient = replacement of the total area of the building
4, underground buildings according to the floor area per square meter replacement of 0.5 square meters of residential.
5, simple structure, accessory buildings and interior decoration and other facilities, to assess the price of compensation.
6. If the requisitioned person acquires the land use right by way of grant, the remaining land area after deducting the building area of the house according to the legal area recorded in the land use certificate will be replaced by a residence according to 1:0.3.
(B) the implementation of the collective land residential property rights replacement compensation methods and standards are as follows:
1, bungalow: based on the area of the home base for replacement (buildings, appurtenances are not compensated separately). The standard is the actual verification of the home base area and combined with the main house structure for replacement: brick structure 1: 0.7 replacement floor structure 1: 0.75 replacement cast-in-place structure 1: 0.8 replacement; no house, according to the actual verification of the home base area 1: 0.5 replacement; for the building volume ratio of more than 0.6 and has a lawful land formalities of the residence, according to the more than the portion of the building area of the sub-grade subsidies:
< p> Floor area ratio = total floor area ÷ home base area
① floor area ratio between 0.6-0.7 (including 0.7) according to the floor area subsidy of 1000 yuan / square meters.
② volume ratio between 0.7-0.8 (including 0.8) according to the floor area subsidy of 600 yuan / ㎡.
③ volume rate between 0.8-1.0 according to the floor area subsidy of 200 yuan / ㎡.
2, more than two-storey single residential building: for the legal building within the area recorded in the residence base use certificate, the first floor of the building brick cast-in-place structure according to 1:1.2 replacement, brick prefabricated panel structure according to the housing floor area 1:1.1 replacement, brick and wood structure according to the housing floor area 1:1 replacement; two and more than two floors of the building with legal formalities in accordance with the different circumstances of the compensation: the brick walls, prefabricated or cast-in-place roof, the fully decorated and put into use according to 1:1.1, the building area according to the building area. If the building is fully furnished and put into use, it will be replaced by 1:1; if the building is fully furnished and put into use, it will be replaced by 1:0.6; if the building is underground, it will be replaced by 0.5 square meters per square meter of the floor area; if the building of the residential simple structure is compensated according to the appraisal price, it will not be replaced according to the property right. (No legal procedures, but in the specified time to sign the agreement is reduced by half replacement)
(C) the expropriated households eligible for public housing (low-cost housing) and the expropriated housing is the only housing, housing replacement area of less than 45 square meters, according to the calculation of 45 square meters, the difference in part of the costs borne by the government.
(d) According to the "Circular of Qixian People's Government on Cracking Down on Illegal Land Use and Illegal Construction" issued on March 26, 2013, new construction, alteration and renovation without the approval of the urban and rural planning and land department will be compensated at cost price.
V. Relocation subsidies, facility relocation fees, incentives for the standard
(a) Relocation subsidies:
Residential housing construction area of 30 square meters (including 30 square meters) below, a one-time payment of 200 yuan, greater than 30 square meters in accordance with the standard payment of 7 yuan / square meters.
(B) Facility relocation fees:
1. Telephone relocation fee of 10 yuan per door.
2, cable TV relocation fee of 250 yuan per household.
3, air conditioning installation fee of 200 yuan per unit.
4, water heater removal and installation fee of 200 yuan per unit.
(C) Reward
The expropriated person signed the expropriation compensation agreement and vacated the house within the stipulated period of time, the state-owned land residential housing according to the building area of the house to give a 10% reward, collective land residential housing according to the area of the residential base to give a 10% reward.
Sixth, the total price of compensation
According to the initial platform within the scope of the average price of the sale of housing units in various neighborhoods to determine the standard unit price of monetary compensation of the expropriated households, according to the expropriated households to replace the total floor area, the total price of the house, combined with the decorative, renovation costs, subsidies, facilities relocation and other costs to calculate the total price of compensation. According to the Notice on Preferential Tax Policies for Shantytown Renovation (Cai Shui [2013] No. 101), the compensation for demolition and relocation obtained by individuals is exempted from personal income tax in accordance with the relevant provisions.
Standard unit price = total house sales price (total price of housing within the scope of the initial platform)/total floor area of house sales (total floor area of housing within the scope of the initial platform)
Total price of the house = total floor area of replacement × standard unit price
Total price of the compensation = total price of the house + decoration, renovation fee + subsidy + facility relocation fee
VII. Resettlement: The government builds the platform by the expropriated households to independently select housing
Twelve areas of shantytown transformation to take the expropriated people to independently select the stock of affordable housing, commercial housing resettlement: the government to build a platform to organize the expropriated people to independently select the stock of affordable housing, commercial housing, the expropriated people and real estate developers to sign a contract of purchase, the government according to the expropriation of the agreement on compensation for the purchase of the money of monetized resettlement mode.
The Qixian Housing Bureau selected a suitable office space to summarize the resettlement housing sources identified for the first time and set up a platform for selecting housing, and publicized the location of all the resettlement housing sources identified, the name of the district, the architectural structure, the area, the type of household, the average price of the sale of housing, and the price of the sub-family by means of pictures, forms, and other forms. According to the information of the publicized housing list on the platform, the requisitioned households will independently choose the stock of affordable housing and commercial housing within the scope of the platform as resettlement housing. The specific process is as follows:
(a) The expropriated households sign the expropriation compensation agreement with the Expropriation Management Office of Qixian People's Government.
(2) According to the signed expropriation compensation agreement, the expropriated households submit the application for housing selection to the Expropriation Management Office of Qixian People's Government and pay 10% of the total compensation price as deposit for housing selection, after approval, the expropriated households independently select the housing as resettlement housing within the platform (the deposit for housing selection will be refunded after the expropriated houses are vacated and inspected), and the selected housing shall not be changed after the selection.
(c) After selecting the housing, the expropriated households and the real estate development company signed the purchase contract and filed.
(4) Compensation for the difference in the house price: the difference in the total compensation price lower than the total price of the actual selected house shall be paid by the expropriated person to the development company in one lump sum (the difference shall not be capped). The difference in the total compensation price higher than the total price of the actual selected house shall be paid by the expropriated household with the filed contract of purchase of the house and the compensation agreement for the expropriation to the housing management office to get the difference in the compensation (the difference cannot exceed 10 percent of the total compensation price). (the maximum difference cannot exceed 10 % of the total compensation price).
Eight, the standard of resettlement housing
(a) water, electricity, heating (including heating gas initial installation fee), building doors, security doors, monitoring facilities, etc. Delivery of a complete package, and connected to the city pipeline network by the development company in accordance with the standards of supporting the construction of the total price of the house includes the cost, and shall not be charged for other costs.
(b) Non-heating gas, cable TV, broadband network pipelines are laid to the household by the development company upon delivery, and the expropriated households will handle the opening procedures on their own, at their own expense.
(c) According to the national mandatory energy-saving requirements, 12-storey and the following residential buildings, high-rise residential buildings, the inverse of 12-storey must be installed with solar thermal system resettlement housing, solar thermal system costs borne by the expropriated households.
IX. Handling of house title certificate and tax burden
(A) Property rights
1. If the expropriated house belongs to all property rights and there is no dispute, the title certificate can be handled directly.
2, the expropriated house belongs to part of the property right or the property right is not clear, in accordance with the relevant provisions of the state to improve the property right before the property right processing.
(B) Tax burden
1, the cost of labor (the government), the transaction fee (the development company), shall not be charged other fees.
2, deed tax: resettlement housing purchase price does not exceed the total price of compensation, exempt from the deed tax on newly purchased housing; purchase price exceeds the total price of compensation, only the difference in the part of the deed tax levied in accordance with the provisions of the tax (personal burden), the difference in the part of the deed tax formula is as follows:
(the total price of the newly purchased housing - the total price of compensation) × tax rate (in accordance with the national regulations).
3, maintenance fund: residential *** with parts, *** with facilities and equipment maintenance fund, paid by individuals, special account storage. Payment standards are: ① commercial housing: high-level 50 yuan / ㎡, multi-storey 40 yuan / ㎡; ② affordable housing: high-level 40 yuan / ㎡, multi-storey 30 yuan / ㎡.
Ten, the expropriated households must be agreed upon time to vacate the house, vacate the house, must maintain the original house structure integrity, complete facilities, shall not be damaged and demolition of doors, windows, heating, pipe network lines and various types of meters and other facilities, violators compensation.
Eleven, since the date of this "program", the leased houses existed leasing relationship, the lease by both parties to terminate the lease; with a mortgage, the property rights by the property rights of their own to lift the mortgage; the existence of disputes over property rights, by the two parties to their own solutions. The expropriator shall not bear any economic and legal responsibilities arising from the lease, mortgage and property rights disputes.
XII, expropriation disputes
(a) in the process of implementation of the expropriation, the expropriation of both parties in the expropriation compensation program to determine the signing of the deadline for the consultation after a number of times and still can not reach an agreement, in accordance with the "State-owned Land Housing Expropriation and Compensation Ordinance" and other relevant laws, regulations and policies, the department of expropriation to report to the county people's government to make a decision on the compensation, the person to be expropriated on the decision of the compensation, not satisfied, may apply for administrative compensation according to law. If you are not satisfied, you can apply for administrative reconsideration or file an administrative lawsuit according to law.
(2) If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory period, and does not move within the period specified in the compensation decision, the county people's government shall enforce the implementation according to law. After the units and households' houses are vacated, the requisitioner will be responsible for the demolition and removal, and the conditions will be one place, one place will be demolished and cleared, and the garbage will be dumped in the designated place.
Thirteen, this "program" is not exhaustive, in accordance with the relevant provisions of the implementation.
XIV, this "program" by the Qixian People's Government Housing Acquisition Management Office is responsible for interpretation.
XV, this "program" since the date of publication.
Copy: county party committee, the National People's Congress, the Chinese People's Political Consultative Conference.
Qixian County People's Government Office issued on February 16, 2016