first
In order to do a good job in urban reconstruction and construction, strengthen the management of urban housing demolition, and safeguard the legitimate rights and interests of the parties involved in urban housing demolition, these measures are formulated in accordance with the relevant provisions of the state and the actual situation of our city.
second
In the urban planning area, these measures shall be implemented when the houses and ancillary facilities on state-owned land need to be demolished due to national construction, urban transformation and city appearance improvement.
essay
After the approval of house demolition, the units to be demolished and the households to be demolished should be conscious of the overall situation, obey the needs of urban construction, and consciously cooperate with the land units to move on schedule.
Article 4
Land units should be placed in accordance with the principles of "first placement, then demolition" and "first placement of relocated households, then sale of commercial housing or allocation of self-occupied housing".
Land units shall give reasonable compensation to the units to be demolished and the relocated households.
Article 5
The higher authorities of the units to be demolished and the units where the relocated households are located should actively cooperate with the mobilization of the demolition.
Chapter II Demolition Management
Article 6
Maanshan City Housing Demolition and Resettlement Office is responsible for the management of urban housing demolition and resettlement work, handling demolition approval procedures and handling demolition disputes.
City Real Estate Management Bureau is the competent department of Ma 'anshan Housing Demolition and Resettlement Office.
Article 7
Units that use land to demolish houses shall submit the capital construction (development) plan issued by the Municipal Planning Commission or its superior competent department, the land use certificate approved by the municipal planning administrative department and the land management department, and organize the implementation after the approval of the Municipal Demolition Office.
Article 8
After the scope of demolition is determined, the municipal demolition office will issue a demolition notice and notify the public security and industrial and commercial departments where the scope of demolition is located. Public security and industrial and commercial departments should stop handling household registration and issuing business licenses within the scope of demolition.
Houses within the scope of demolition shall not be expanded, leased, adjusted or changed.
Article 9
Within the time limit stipulated in the demolition notice, the land unit shall sign a compensation agreement with the demolition unit and the relocated households. The agreement shall specify the resettlement location, resettlement area, compensation method and amount, demolition period, liability for breach of contract, etc.
Article 10
Land units should pay the house demolition fee to the Municipal Demolition Office. Land units to move their own resettlement work, according to the demolition of housing construction area per square meter to pay the 2 yuan data update fee; Land units commissioned by the city demolition resettlement, according to the demolition of housing construction area per square meter to pay 7 yuan demolition agency fees, the original housing demolition office is responsible for the demolition, to the expected arrival.
Chapter III Compensation and Resettlement for Demolition of Residential Houses
Article 11
Demolition of organs, organizations, military units, schools, enterprises and institutions directly under the public housing, by the land unit according to the original housing use area to "demolition of a also a" principle to return property rights. Should not return the property rights, according to the provisions of the "Maanshan City Housing Demolition Replacement Price Standard" (hereinafter referred to as the replacement price standard (attached, omitted)) to be depreciated to buy.
In principle, the resettlement of relocated households shall be implemented according to the employee housing standards stipulated in the current policy. For relocated households with a small permanent population and a large original housing area, the resettlement area can be reduced when resettling housing; The original housing area is lower than the general housing standard, that is, two people are less than 28 square meters, three to four people are less than 37 square meters, and five people are less than 46 square meters, which can increase the resettlement area. Increase the construction area within 5 square meters (including 5 square meters), by the demolition unit according to the "replacement price standard" payment; More than 5 square meters, by the relocation of households affiliated units to pay according to the commodity price. The property right of the increased resettlement area belongs to the original housing unit.
Article 12
Demolition of private houses should be handled in the following ways:
(a) private owners don't want to use the house of the land unit, and the land unit buys it at 1.4 times the corresponding price of the "replacement price standard"; Building a house with land as a unit, the resettlement area shall be handled with reference to the eleventh general housing standards of these measures. The property right of the resettlement house belongs to the land use unit.
(2) If the owner of a private house requests to retain the property right, the land-using unit can easily exchange the property right of the house, and compensate the difference according to the area and quality of the exchanged house.
(three) private owners to buy houses, can give priority to the land units to buy new houses with the same purpose. The purchase area shall not exceed the original room area in principle. The original housing area is greater than the eleventh ordinary housing standards, with reference to the purchase of ordinary housing standards, and its price is calculated according to the "replacement price standard"; If the original housing area is larger than the purchased housing area, the excess part shall be purchased at 1.4 times of the corresponding price in the replacement price standard; If the purchased housing area exceeds the original housing area, or exceeds the general housing standards in Article 11 of these Measures, the excess part shall be calculated according to the price of commercial housing.
If the owner of a private house is agricultural registered permanent residence, it shall not be resettled and the depreciation purchase price shall not be increased, and the provisions in Items (2) and (3) of this article shall not apply.
Article 13
Temporary transitional housing for relocated households can be rented by relocated households, moved to relatives and friends' homes, or solved by the units where relocated households work. For the relocated households with real difficulties, the land units will solve their transitional houses.
During the transition period, the relocated households will be given a monthly housing transition fee of 12 yuan and a one-time moving fee of each household in 40 yuan.
Land units to solve the transition room, no transition fee. Where the unit solves the transition room, the transition fee will be sent to the unit.
If you don't move on time, you won't be given a moving fee.
Article 14
Housing placement should be based on the Demolition Permit. Level of resettlement, according to the "demolition permit" sequence number, the first relocation of households to take care of the level.
Article 15
If the relocated households occupy working hours due to the demolition, their work units shall arrange appropriate public holidays with the proof of the municipal demolition office, and the wages and bonuses during the public holidays will not be affected.
Article 16
Relevant departments should actively handle household registration, grain and oil relations, student transfer, fuel supply and other procedures.
Chapter IV Compensation and Resettlement in Other Aspects
Article 17
The demolition of non-residential houses shall be handled in the following ways:
(a) the demolition unit does not want to use the land unit to resettle the house, and the land unit buys it at the corresponding price of 1.4 times the replacement price standard; To land units for housing, resettlement area shall not exceed the original housing area, property rights to land units, and pay rent in accordance with the provisions.
(two) the demolition unit to buy a house, can give priority to the purchase of the same purpose of the new house, the price is calculated according to the "replacement price standard". If the purchased area exceeds or is smaller than the original housing area, the price shall be handled with reference to the third paragraph of Article 12 of these Measures.
(three) the exchange of housing property rights, the two sides according to the exchange of housing area, quality, compensation for the difference.
(four) the demolition unit to solve the housing land, land units should be responsible for ex situ rehabilitation, the return of property rights. The cost of expanding or improving the facilities of the demolition unit shall be borne by itself.
Article 18
Demolition of water supply, power supply, gas, posts and telecommunications, sanitation and municipal public facilities. , land units should be responsible for the restoration and reconstruction according to the planning requirements, or compensation according to the replacement price. Demolition of public facilities management departments, should actively cooperate.
Article 19
Where the demolition of temples, churches, alien houses, ancient buildings and civil air defense projects. , should be reported to the relevant departments for approval, in accordance with the relevant provisions.
Article 20
Demolition of public non-residential housing, such as the following economic losses, land units should be compensated:
(1) Land use fee for ex situ reconstruction;
(two) the demolition, handling and installation costs of the demolition equipment;
(three) wages of personnel who stop production or business due to demolition.
Article 21
Trees and flowers within the scope of demolition shall be handled in accordance with the provisions of municipal garden management.
Article 22
Due to the needs of national construction, the demolition of illegal buildings and temporary buildings shall be carried out in accordance with the Urban Planning Law of People's Republic of China (PRC); The demolition of commercial sheds (stalls) shall be carried out by the municipal demolition office in conjunction with the positioning department and the industrial and commercial department.
Article 23
House demolition with property disputes, etc. If it can't be solved within the prescribed period of demolition, the municipal demolition office shall cooperate with the land-use unit to handle the evidence preservation, and the land-use unit shall take the demolition first. The compensation for the demolition and resettlement houses shall be managed by the municipal real estate management department, and the property disputes can be handled only after they are resolved.
Chapter V Mediation and Punishment
Article 24
Land units and demolition units, households can not reach an agreement within the time limit stipulated in the demolition notice, the city demolition office for mediation, mediation fails, the city demolition office to make a decision.
If a party refuses to implement the decision, the public security department shall handle it in accordance with the relevant provisions of the State Council Guofa (1982) No.82 document.
Article 25
One of the following acts, the city planning department shall not issue a construction project planning permit; City Construction Bank will not pay compensation for demolition; City construction management office does not issue construction permits; The municipal demolition office shall give a warning and order it to stop the demolition or move within a time limit.
(a) land units without obtaining the permit for house demolition, demolition without authorization;
(two) land units without changing the scope and duration of the demolition;
(three) to raise or lower the standard of compensation and resettlement without authorization, and to expand or narrow the scope of compensation and resettlement;
(four) the relocated households have not obtained the demolition permit or the demolition permit has not been forcibly moved into the resettlement house in accordance with the unified arrangement;
(five) one party refuses to perform the demolition agreement or violates the relevant provisions of the demolition agreement.
Article 26
If the punished person refuses to accept the punishment decision, he may apply for reconsideration to the competent authority at the next higher level that made the punishment decision within 15 days from the date of receiving the notice of the punishment decision, and the reconsideration organ shall make a decision within 15 days from the date of receiving the application for reconsideration. If a party refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days after receiving the notice of reconsideration decision. The parties may also directly bring a suit in a people's court. The execution of the decision shall not be suspended during the period of reconsideration and litigation, except as otherwise provided by laws, regulations and rules. If the party concerned fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the Municipal Demolition Office or the Municipal Real Estate Management Bureau shall apply to the people's court for compulsory execution.
Article 27
If one party suffers economic losses due to non-performance of the demolition agreement, the other party may bring a lawsuit to the people's court to demand compensation for economic losses.
Article 28
Take the opportunity of house demolition to engage in illegal activities of defrauding houses, seizing houses, and dismantling house materials and equipment, or refuse or hinder the demolition staff and relevant state staff from performing official duties according to law, depending on the circumstances, the public security department shall punish them in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security.
Article 29
The staff of the relevant departments and units of the demolition work shall strictly abide by the law, adhere to the principles and act impartially. Where the abuse of power, corruption, extortion or dereliction of duty, given administrative sanctions by the unit or the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 30
The demolition area is calculated according to the following methods:
(a) the direct management of public housing is calculated according to the lessee's lease area.
(2) Self-run houses and private houses need to be re-measured. If the re-measured area exceeds the number of house ownership certificates and there is no building permit, the area shall not be calculated; If the retest area is less than the number of house ownership certificates, it shall be calculated according to the measured number.
(3) If the height of the building or basement exceeds 2.2m, the area shall be calculated according to the actual area; If the height is greater than 1.7m but less than 2.2m, the area shall be calculated as half of the actual area.
(four) illegal buildings and temporary buildings do not calculate the area.
Article 31
The permanent residence of the demolished person shall be calculated from the date of the announcement of the demolition.
Article 32
The non-registered population of relocated households can be calculated according to the following scope:
(a) the original permanent residence in this city, is now a serviceman (except married and settled in other places);
(two) students who were originally permanent residents of this city and are now studying in foreign universities;
(three) sent abroad by the unit or temporarily working in the field;
(four) was a permanent resident of this city, according to the provisions should return to the city's "two jobs".
Article 33
When the "replacement price standard" needs to be adjusted due to price factors, the Municipal Demolition Office shall, jointly with the Municipal Price Bureau, the Construction Management Office and other relevant departments, put forward adjustment opinions, which shall be promulgated and implemented with the consent of the Municipal People's Government.
Article 34
These Measures shall come into force as of the date of promulgation, and the former Ma Zheng (1985) 15 1 Interim Measures for the Administration of Urban Housing Demolition in Maanshan City shall be abolished at the same time.
Article 35
These Measures shall be interpreted by the Municipal Real Estate Management Bureau.