How is the house divided in the house demolition in Changshu?
Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the demolition parties and ensure the smooth progress of construction projects, these measures are formulated in accordance with the relevant provisions of the Regulations on the Administration of Urban House Demolition in the State Council, the Regulations on the Administration of Urban House Demolition in Jiangsu Province and the Regulations on the Administration of Urban House Demolition in Suzhou, and combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the demolition of houses on state-owned land within the urban planning area of this Municipality, which requires compensation and resettlement for the people to be demolished. Demolition of municipal industrial enterprises in urban areas shall be carried out according to document Chang Fa (20065438+0) No.54.
Article 3 Urban house demolition must conform to urban planning, which is conducive to the transformation of old areas and the improvement of ecological environment, and the protection of cultural relics and historic sites.
Fourth people should be taken in accordance with the provisions of these measures, to be taken to give compensation and resettlement; The person to be demolished shall complete the relocation within the relocation period.
The term "demolition" as mentioned in these Measures refers to the unit that has obtained the permit for house demolition.
The term "demolition" as mentioned in these Measures refers to the owner of the house to be demolished.
Article 5 The Municipal Construction Bureau is the competent department of urban house demolition in this Municipality, specifically responsible for the supervision and management of urban house demolition.
The Municipal Bureau of Land Management shall be responsible for land management related to urban house demolition in accordance with the provisions of relevant laws and administrative regulations.
Article 6 The demolition shall be carried out only after the demolition permit is obtained.
Article 7 To apply for a house demolition permit, the following materials shall be submitted to the house demolition management department:
(-) the approval document of the construction project;
(two) the construction land planning permit (including the red line map of the planning point);
(three) the approval document of the right to use state-owned land;
(four) if the demolition is entrusted by the demolition, the entrustment contract shall be provided;
(five) the deposit certificate of the full amount of demolition compensation and resettlement funds issued by the financial institution that handles the deposit business:
(six) the demolition plan and demolition plan, including:
1. The exact scope of demolition;
2. The use, area and ownership of houses within the scope of demolition;
3. Demolition and implementation steps of safety protection and environmental protection measures;
4 the implementation of demolition funds, resettlement houses, housing turnover or other temporary transitional measures;
5. Demolition method, time limit, etc.
The house demolition management department shall, within 30 days from the date of receiving the application, review the application matters; Upon examination, if it meets the requirements, a house demolition permit will be issued.
Article 8 The house demolition management department shall, within 0/5 days from the date of issuing the demolition permit, notify the relevant departments of industry and commerce, planning, housing management and land in writing to suspend the business license within the scope of demolition, build, expand and rebuild houses, transfer, lease and mortgage houses, analyze their production, and change the use of houses and land. The maximum suspension period shall not exceed one year; The demolition needs to extend the suspension period. Must be approved by the housing demolition management department, the extension period shall not exceed one year.
Ninth housing demolition management department shall, within 7 days from the date of issuing the housing demolition permit, announce the demolition, demolition scope, demolition period and other related matters specified in the housing demolition permit in the form of housing demolition notice.
Demolition should be timely to the demolition of housing demolition notice, and do a good job of publicity and explanation.
Tenth people should be taken in the demolition permit to determine the scope and duration of the demolition, the implementation of housing demolition.
Need to extend the demolition period, the demolition should be before the expiration of the demolition period, apply to the housing demolition management department for an extension of the demolition; The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition. City housing demolition management department approved the extension of the demolition, it should be published in the newspaper.
Eleventh people can take their own demolition, can also entrust a qualified unit to carry out the demolition. If the demolisher entrusts the demolition, he shall issue a power of attorney to the entrusted demolition unit and conclude a demolition entrustment contract, and the entrusted demolition unit shall not transfer the demolition business. The demolisher shall, within 5 days from the date of signing the entrusted demolition contract, report the entrusted demolition contract to the house demolition management department for the record.
The management personnel of the demolition implementation unit must hold the demolition certificate issued by the house demolition management department.
Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.
Twelfth demolition and demolition should be on the way and amount of compensation, resettlement housing area and location, relocation period, relocation transition mode and transition period and other matters signed a demolition compensation and resettlement agreement. The demolition compensation and resettlement agreement shall adopt the unified text format of the house demolition management department.
Demolition of public houses directly under the standard rent lease and unit-owned housing, the demolition should be taken with the demolition, housing tenant to conclude a demolition compensation and resettlement agreement.
If the demolished house is an escrow house, the custodian shall submit the entrustment documents or relevant certification materials. If the trustee is the house demolition management department, the demolition compensation and resettlement agreement must be notarized by a notary office, and the evidence shall be preserved.
If the house to be demolished is owned by * * *, the * * person may entrust an agent in writing to conclude a demolition compensation and resettlement agreement with the demolisher.
If the owner of the house to be demolished has died, the successor or the representative designated by the successor shall provide a legal inheritance certificate or issue a written statement, and conclude a compensation and resettlement agreement with the demolisher.
Thirteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolished person or lessee refuses to move within the relocation period, the demolished person may apply to an arbitration institution for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law.
Fourteenth demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the housing demolition management department ruled. Housing demolition management department is the demolition, ruled by the Municipal People's government. The ruling shall be made within 30 days from the date of accepting the application.
If a party refuses to accept the award, it may bring a lawsuit to the people's court within 3 months from the date of service of the award. In accordance with the provisions of these measures, the demolition has given monetary compensation to the demolition or provided resettlement houses and revolving houses, and the implementation of demolition will not be stopped during the litigation.
Article 15 If the demolished person or lessee fails to move within the relocation period stipulated in the ruling of the house demolition management department, the Municipal People's Government shall instruct the relevant departments to forcibly move, or the house demolition management department shall apply to the people's court for compulsory relocation according to law.
Before the implementation of compulsory demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Article 16 Where laws and regulations provide otherwise for the demolition of military facilities, churches, temples, cultural relics, ancient and famous trees and private houses of returned overseas Chinese and their relatives, it shall be handled in accordance with the provisions of relevant laws and regulations.
Seventeenth has not yet completed the transfer of demolition compensation and resettlement construction projects, should be approved by the housing demolition management department, the original demolition compensation and resettlement agreement related rights and obligations will be transferred to the assignee. The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, notify the demolished person in writing and make an announcement.
Eighteenth housing demolition compensation and resettlement funds should be used for housing demolition compensation and resettlement, and shall not be used for other purposes. Housing demolition management department should strengthen the supervision of the use of compensation and resettlement funds for demolition.
Nineteenth housing demolition management departments should establish and improve the demolition file management system, strengthen the management of demolition files.
The management department of house demolition should strengthen the supervision of house demolition activities, and after the demolition work, it should organize the acceptance of the demolition project.
Twentieth house demolition shall be undertaken by enterprises that have the conditions to ensure safety and have the qualification certificate of construction enterprises, and the demolition plan shall be prepared, and the person in charge of the construction enterprise shall be responsible for safety.
Twenty-first people should be taken in accordance with the provisions of these measures, to be taken to compensate.
Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated. Demolition of temporary buildings that have not exceeded the approved period shall be compensated according to the residual value within the service period with reference to the remaining period.
Twenty-second demolition compensation can be monetary compensation, but also the exchange of housing property rights, the demolition can choose the compensation method, but the following circumstances are excluded:
First, the demolition of non-public housing appendages, not the implementation of property rights exchange, monetary compensation by the demolition.
Two, the demolition of rental housing, the demolition and housing tenant can not reach an agreement on the termination of the lease relationship, the demolition should be the implementation of property rights exchange.
Twenty-third monetary compensation for the demolished houses shall be determined according to the location, use, construction area, building structure, innovation level, floor, height, orientation and the assessed price of the real estate market.
(a) the location and location benchmark price of the house shall be published regularly by the Municipal Price Bureau and the Construction Bureau. If the building area of the demolished house is less than the land use area, the location compensation shall be calculated according to the land use area, and the land use area shall be identified by the state-owned land use right certificate.
(2) Houses are divided into residential use and non-residential use. Non-residential houses include commercial non-residential houses, non-commercial non-residential houses and industrial storage houses. Commercial non-residential houses refer to houses used in commerce, entertainment, catering and service industries, and non-commercial non-residential houses refer to office buildings, office buildings, non-operating enterprise houses and other non-residential houses.
The identification of residential and non-residential buildings shall be based on the purpose recorded in the house ownership certificate or the function recorded in the construction project planning permit. If the purpose of the house ownership certificate is not clear, it shall be determined by the purpose recorded in the house file; The identification of commercial and non-commercial buildings shall be based on the business scope and mode recorded in the business license.
Residential housing into non-residential housing and meet the following conditions, with reference to non-residential housing assessment:
1. Hold a valid industrial and commercial business license, continue to operate for more than one year, and still use it as a non-residential building when it is demolished (subject to the business tax bill);
2. The business premises are within the legal construction area recorded in the house ownership certificate;
3. The approval materials of the municipal planning department;
4. Approval materials for changing land use;
5. If it is a lease operation, it is also necessary to provide a house lease certificate and a land use right lease certificate.
(3) The building area of the house is subject to the building area specified in the house ownership certificate or the measured area confirmed by the real estate management department. An incomplete set of directly-managed public houses whose rent is calculated according to the use area can be converted into construction area according to the ratio of 1.35.
The criteria for determining the area of residential change to non-residential area are:
1. For self-operated businesses, the business area shall be confirmed by changing the land use and the nature of the house.
2 rental enterprises and enterprises that originally rented public houses directly under the management shall be determined according to the area approved by the housing lease certificate.
3. If the changed area or the approved area is obviously larger than the actual operating area, it shall be determined by the actual operating area.
(four) the replacement price of the demolished house refers to the replacement cost of the house. Determined by the Municipal Price Bureau and the Construction Bureau according to the housing structure and grade, and published annually.
Twenty-fourth residential housing demolition from the date of completion to the date of issuing the demolition permit is less than five years, the demolition should be taken to increase the amount of monetary compensation of fifteen percent (only refers to the legal area of the house).
The relocation of industrial, warehousing and office buildings with allocated land shall be deducted from the location compensation, and the discount amount belongs to the government land income. The specific discount rate shall be determined and announced by the land management department in conjunction with the house demolition management department.
Twenty-fifth houses provided by residents can be used for property rights exchange. The implementation of housing property rights exchange, by the assessment agencies in accordance with the assessment requirements stipulated in Article 23 of these measures, to assess and calculate the amount of compensation for the houses to be demolished and the price of the houses to be replaced, and the demolition and relocation people shall settle the price difference of property rights exchange according to the confirmed assessment results.
Twenty-sixth demolition for non-production and operation of public welfare housing and its attachments, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation.
Twenty-seventh demolition of public housing and unit-owned housing rented at standard rent, the demolition and housing tenant to terminate the lease relationship and * * * with the choice of monetary compensation, the demolition compensation in the following ways:
(1) Residential house: the replacement price of the house in the monetary compensation amount is merged into a new part to be paid to the owner of the house, and the rest is paid to the lessee, and the compensation amount for house decoration is paid to the decoration investor;
(2) Non-residential houses: 30% of monetary compensation is paid to the owner of the house, 70% to the lessee, and the compensation for house decoration is paid to the decoration investor.
Demolition of public houses and units owned houses, the demolition and housing tenant can not reach an agreement on the termination of the lease relationship, the demolition should implement housing property rights exchange. If the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee. The price difference of property right exchange can be borne by the property owner or lessee. If it is borne by the lessee, the property area of the house can be converted.
Twenty-eighth people who have only one house and the amount of monetary compensation is lower than the minimum monetary compensation standard, the demolition should be compensated according to the minimum monetary compensation standard. The minimum standard of monetary compensation shall be implemented according to the relevant provisions of Suzhou Municipal People's Government.
If the family of the demolished person is in financial difficulties, the housing problem of the demolished person can be solved by providing resettlement houses and low-rent houses.
Twenty-ninth demolition of authorized houses should be handled according to the spirit of document No. Chang (1997) 103 municipal government.
Thirtieth residents should provide houses that meet the national quality and safety standards for the residents and resettlement people. Resettlement in different places shall be arranged at one time.
When the property right exchange resettlement house is delivered for use, the demolisher must provide the relevant documents and materials needed for handling the house ownership certificate and the state-owned land use right certificate to the demolished person.
Thirty-first demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the housing demolition management department for examination and approval before demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Thirty-second demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees.
Thirty-third institutions to evaluate the real estate market price of the demolished houses shall be selected by both the demolished and the demolished; If the demolisher and the demolished cannot reach an agreement, the house demolition management department will draw lots in a qualified evaluation institution, and the house demolition management department will announce the time and place of drawing lots at the demolition site three days before the draw.
The expenses incurred by the appraisal institution in evaluating the real estate market price of the house to be demolished in accordance with the provisions of the preceding paragraph shall be borne by the demolisher.
Thirty-fourth demolition or demolition of the assessment results have objections, you can ask the assessment agencies to explain and explain within five working days from the date of delivery of the assessment results. The evaluation institution shall make a written explanation and explanation within five working days. After explanation, there are still objections, and those who disagree with the demolition or relocation may entrust other qualified assessment agencies to re-evaluate.
If the re-evaluation result and the original evaluation result are within the allowable error range, the original evaluation result is valid, and the re-evaluation fee shall be borne by the client. Re-evaluation results and the original evaluation results are beyond the allowable error range, and the house demolition management department draws lots from the expert database to select relevant experts for identification. If the original appraisal result is adopted for appraisal, the re-appraisal and appraisal expenses shall be borne by the re-appraisal client and the re-appraisal institution. If the re-evaluation result is adopted in the evaluation, the cost of re-evaluation appraisal shall be borne by the relative person of the client and the original evaluation institution.
The allowable error range specified in the preceding paragraph shall be implemented in accordance with the relevant provisions of the Suzhou Municipal People's Government.
Thirty-fifth people should be taken in the assessment within five days after the end of the demolition site announced the assessment results.
Thirty-sixth people should be taken to the demolition or housing tenant to pay relocation subsidies.
Thirty-seventh demolition transition period is determined by the demolition and relocation of people or housing tenants through consultation, generally not more than eighteen months. During the transition period, if the demolished person or lessee arranges his own residence, the demolished person shall pay the temporary resettlement subsidy; The demolished person or lessee uses the turnover house provided by the demolished person. Demolition does not pay temporary resettlement subsidies.
Thirty-eighth due to the responsibility of the demolition to extend the transition period, from the overdue month, unless otherwise agreed by the parties, the demolition shall pay temporary resettlement subsidies to the demolition or housing tenant in the following ways:
(a) by the demolition or lessee to solve the transition housing, the extension of time within twelve months, pay temporary resettlement subsidies; If the extension time is more than twelve months, the temporary resettlement subsidy will be tripled from the month after that;
(two) provided by the demolition of transitional housing, the extension time within twelve months, according to the standard to pay temporary resettlement subsidies; If the extension time exceeds twelve months, the temporary resettlement subsidy will be doubled from the second month after the extension.
Thirty-eighth early relocation within the prescribed time limit, should be given relocation incentives.
Thirty-ninth relocation subsidies and temporary resettlement subsidies shall be approved by the Municipal Price Bureau and the Municipal Construction Bureau, and the relocation incentive fee shall be implemented after the demolition is reported to the house demolition management department for approval.
Fortieth the demolition should also pay the demolition or lessee in full the telephone, cable TV terminal transfer fee, original power capacity increase fee, air conditioning transfer fee and other related expenses in the demolished house.
Forty-first due to the demolition of non residential houses caused by the suspension of production and business, the demolition should give appropriate compensation.
Forty-second in the urban planning area, the demolition of houses on foreign land needs compensation and resettlement. Can be implemented with reference to these measures.
Article 43 These Measures shall come into force as of March 6, 2003. Changshu Municipal People's Government Chang [200 1] 136 Notice on Printing and Distributing shall be invalidated at the same time.
If the house demolition permit has been handled before March, 2003 1, it shall be implemented according to the original method.
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