Building demolition
1. The demolition management department approves and issues the house demolition permit, and announces the demolition announcement-letter to residents for demolition-list of assessment agencies; 2. The relocated households vote to determine the assessment agency; 3, assessment agencies to conduct on-site investigation and assessment work, issued by the assessment results, and served by the demolition of the relocated households; 4. The parties involved in the demolition shall sign an agreement on compensation and resettlement; 5. Residents pay compensation fees; 6. The relocated households vacate their houses for delivery.
Demolition of houses, residents move out.
Demolition without a license is infringement.
Several criteria for judging the legality of demolition;
1. Is there a house demolition permit approved by the demolition management department? Only when the house demolition permit is obtained according to law, the construction unit has the qualification of demolition in the legal sense, otherwise it is illegal demolition, and the act of demolition of houses for residents is an infringement. The victim can bring a civil lawsuit to the court according to law and demand tort compensation.
2. Is it within the demolition scope determined by the demolition permit? 3. Is the demolition carried out within the demolition period determined by the demolition permit?
4. The reception and mobilization personnel shall be employees who have obtained the Demolition Post Certificate. Demolition practitioners undocumented listing posts, the relocated households can refuse to accept.
What should the demolisher do before demolishing the house?
1. An on-site reception service office should be set up in the demolition area to receive consulting services.
2. Publish relevant documents and materials at the demolition site: house demolition permit, demolition agency and qualification certificate of house demolition agency (photocopy), evaluation agency and qualification certificate of evaluation (photocopy), Regulations on Urban House Demolition Management, Implementation Measures for Wuhan Urban House Demolition Management and related supporting regulations.
3. Announce the relocation plan and evaluation results to the relocated households.
4. Negotiate with the people to be demolished, do a good job in negotiating conversation record, sign the demolition compensation agreement, and do not demolish without signing the agreement.
5. Pay compensation or provide resettlement houses within the agreed time limit.
Can't residents approve the demolition without their consent?
At present, some citizens and sociologists suggest that the government should first seek the opinions of the demolished residents when approving the house demolition. The government's transfer of land without the consent of the residents violates the legitimate rights and interests of the residents, which reflects the improvement of citizens' awareness of rights protection. However, according to the constitution, the ownership of state-owned land belongs to the state, and it is the basic function of the government to manage land on behalf of the state, rationally regulate and control land use, improve land use efficiency and perform its duties according to law according to the overall land use planning and the overall urban planning. The purpose of the government's house demolition is for the benefit of the public, focusing on the overall development of the city and the interests of all citizens. Demolition conforms to the fundamental interests of the masses. The house demolition shall be carried out in strict accordance with the procedures stipulated by laws and regulations, and the land use right of the house owner and user, the house and its attachments shall be compensated according to law, and the rights and interests of the demolished person shall be fully respected. For example, the compensation for house demolition is strictly in accordance with the principle of market evaluation, and the evaluation institution is selected by the demolished. The government does not interfere with the determination of specific compensation standards, and the demolished have full choice in monetary compensation and housing placement.
The government can't be the demolition person.
The government cannot be a demolition person, except for houses that need to be demolished for the construction of its own office buildings and ancillary facilities.
The demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition. Individuals cannot be residents.
The temporary "headquarters" set up by the government and relevant departments shall not be taken as the residents.
A hearing is required before administrative compulsory demolition.
If the demolished person or lessee fails to move within the relocation period stipulated in the ruling, the municipal or relevant district people's government may instruct the house demolition management department to organize administrative compulsory demolition upon the application of the house demolition management department.
The application for administrative compulsory demolition shall be decided by the collective leadership of the demolition management department. Before the administrative compulsory demolition, the demolition management department shall organize a hearing on the basis and procedures of administrative demolition.
The demolition management department may also apply to the people's court for compulsory demolition according to law.
During the litigation, the demolition will not stop if the demolition person provides resettlement houses and turnover houses that meet the national quality and safety standards.
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.
evaluate
Who has the final say in choosing an evaluation agency?
With the approval of the municipal demolition management and real estate management departments, there are currently 9 evaluation agencies in Wuhan that are qualified to engage in house demolition evaluation. The specific appraisal institution of the demolition project shall be determined by the demolition vote.
The procedure is as follows: the demolition management department announces the operating rules of the evaluation institution on the spot, publicizes the relevant information of the named evaluation institution-the vote of the demolished person-and announces the votes of the evaluation institution on the spot according to the effective voting situation to determine the evaluation institution.
The relevant process of voting and counting votes is entrusted to the notary office for notarization.
When the number of votes is zero, it shall be recommended by the demolition person from the public appraisal institution.
The first two or more votes are equal, and the demolition management department draws lots from the evaluation institutions with equal votes.
The relocated households gave up their rights by avoiding voting.
After June 65438+1 October1in 2004, the determination of the evaluation agency of demolition projects in Wuhan was directly entrusted by the original demolition, and it was decided by the demolition, and the decision-making power of the evaluation agency was given to the people. The implementation of the "sunshine operation" mode is conducive to preventing the demolition assessment agencies from maliciously colluding against the interests of ordinary people in advance.
Since the implementation of this policy, some projects have achieved good results, with the active participation of the masses, but some projects have been negatively treated by relocated households. There are mainly several kinds of mentality: whoever evaluates who has similar results; Blindly conclude that the assessment agencies collude with the residents; I will choose the one with the highest evaluation.
This negative attitude of the relocated households is inappropriate. Although the change of the identification method of appraisal institutions can not directly or completely solve the problems people are worried about, it is an improvement to strive for fairness and justice at least in procedure. Citizens can know and know the appraisal institutions according to their historical achievements, qualification grades and interviews, and try to choose some appraisal institutions with strong professional skills and good professional quality to prevent irregular or even wrong appraisal as much as possible.
Avoiding voting can not hinder the emergence of evaluation institutions, let alone the demolition, which is a waiver of one's legitimate interests.
The preliminary appraisal results of households shall be publicized.
1. Demolition appraisers shall conduct on-site investigation of the demolished houses, make on-site investigation records, and shoot video materials reflecting the appearance and internal conditions of the demolished houses. The on-site investigation records shall be signed by the appraisers, the residents and the residents.
If the person being demolished does not agree to sign the field survey record, it shall be witnessed by a third person who has no interest and explained in the appraisal report.
2. The preliminary appraisal results of the relocated households shall be publicized to the relocated people for 7 days, and the situation shall be explained on the spot to listen to opinions.
3. After the expiration of the publicity period, the demolisher shall inform the demolished person in writing of the household assessment results of the appraisal institution.
If you are not satisfied with the evaluation, you can apply for a ruling.
If the demolition party disagrees with the appraisal result, it may, within 7 days from the date of receiving the appraisal report, apply in writing to the original appraisal institution for review and appraisal, or entrust other appraisal institutions with the qualification of house appraisal.
If the demolition party disagrees with the recheck result of the original appraisal agency, or the appraisal result entrusted separately is different from the original appraisal result, it may apply to the shanghai real estate appraisers association Expert Committee within 5 days after receiving the recheck or appraisal result, and the Expert Committee will organize experts to form an appraisal team within 10 to make a written appraisal opinion.
The expert appraisal fee shall be paid by the applicant in advance, and if there is any problem with the appraisal result, the original appraisal institution shall bear the appraisal fee; If the appraisal result is maintained, the appraisal fee shall be borne by the applicant.
Don't apply for appraisal without analysis, so as to avoid unnecessary losses when paying the appraisal fee.
It is responsible for refusing the appraiser to come to the door.
In the actual process of house demolition, individual relocated households may resist the demolition for one reason or another and refuse appraisers to work in the house, resulting in the failure of appraisal work.
The Implementation Opinions on House Demolition Appraisal in Wuhan stipulates that if the demolished person refuses the appraiser to come to the house for more than three times, or the demolished person maliciously evades, but the demolished person still evades after making an announcement in the newspapers at or above the city level, the demolition appraisal institution can directly make an appraisal according to the information it can collect and issue the appraisal result, and the legal responsibility for inaccurate appraisal result shall be borne by the wrong party.
If the appraisal is fraudulent, the practicing qualification shall be revoked.
Some residents are worried that the appraisal agencies collude with residents and issue false reports.
If the evaluation institution loses its impartiality, the trade association will take a series of warning measures such as warning, industry criticism and informed criticism, and if the circumstances are serious, it will be submitted to the administrative organ for administrative punishment until its qualification is revoked.
If it is found that the appraisal institution has violated the rules, it can report to the government or the industry management department.
compensation
What are the compensation for house demolition?
1, housing compensation; 2. Compensation for ancillary facilities, such as water, electricity meter, pipeline gas, cable TV, telephone, air conditioner, etc. ; 3. Relocation allowance; 4, temporary resettlement subsidies; 5. Business compensation (business premises); 6. Decoration compensation; 7, due to the demolition of production, business, give appropriate compensation for business.
Key points of signing an agreement on compensation and resettlement for demolition
Demolition of housing units must sign a compensation agreement for housing demolition with the person being demolished. The signing of the agreement shall be negotiated by the parties involved in the demolition on an equal footing, and the negotiation of compensation and resettlement matters shall be based on the demolition laws and policies.
Agreement compensation is divided into monetary compensation and housing property right exchange compensation. The monetary compensation agreement shall specify the compensation standard, compensation amount, payment method, payment period, relocation period and liability for breach of contract.
The property right exchange agreement shall specify the location, area, resettlement period, price difference settlement and other matters. There is room for an application for a ruling.
If the demolisher, the demolished person and the lessee fail to reach an agreement on compensation and resettlement for house demolition after many consultations, the demolition parties may apply to the house demolition management department for a ruling.
You can choose money or a house.
Demolition and reconstruction methods are divided into monetary compensation and property right exchange compensation. Unless there are special provisions in laws and regulations, the reconstruction method shall be chosen by the demolished person.
How to calculate monetary compensation?
In the actual demolition evaluation process, the unit price evaluation of the real estate market is generally decomposed into the comprehensive average price of the location and the replacement price of the house.
The evaluation of location price is carried out by market comparison method according to the requirements of "Real Estate Evaluation Standard". The method is as follows: according to the market data of real estate transactions, in the same supply and demand circle as the appraised object, select recent transaction examples that are the same or similar to the use, scale, grade and building structure of the appraised object as reference objects, deduct the replacement price, then correct the factors that affect the price, such as location and transaction date, select three calculated prices, and calculate the location price after weighted average.
The land price factor is only a part of the comprehensive average price of the location, which reflects the floor price of the house, while the benchmark land price reflects the plane price of the land.
The main factors affecting the replacement price of houses are structure, grade and innovation. On June 1 day this year, the Municipal Real Estate Bureau and the Price Bureau readjusted and announced the replacement price standard of houses in Wuhan.
If the relocated households or house lessees choose monetary compensation, the residents shall pay an additional two months' relocation allowance (according to Wu Jiafang Zi [2002] No.75 "Temporary Resettlement Allowance Standard for Residential Houses").
How does the property rights exchange operate?
The implementation of housing property rights exchange is a resettlement method in which the demolished people repay their houses according to the original area, and the demolished houses and resettlement houses are assessed and determined at the same evaluation point, and the difference is settled with each other.
According to the demolition policy, property rights exchange can be placed locally, nearby or in different places. No matter what kind of resettlement method the relocated households can choose, the relocated households shall not forcibly interfere or exclude, but the value of the resettlement house is also calculated on the basis of market evaluation. The relocated households have the right to choose but also have the obligation to pay the difference.
Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition.
The compensation standards for reconstruction and development projects are the same.
The amount of monetary compensation is determined according to the real estate market unit price of the demolished house combined with the area of the demolished house.
The unit price of the real estate market of the house to be demolished is determined by a qualified real estate appraisal agency according to the location, use, structure and development of the house to be demolished.
The compensation standard for house demolition is determined in strict accordance with the market price evaluation, and the government and the demolition management department shall not interfere or review the evaluation standard. The legal basis of compensation standard for house demolition in Wuhan is the same, not different due to the different nature of construction projects. For example, the compensation standards for key construction projects such as government municipal roads and dangerous building renovation projects are no different from those for general commercial development projects.
What is the relocation allowance?
The relocation subsidy standards formulated by our city are as follows:
1, residence
The demolished house is less than 40 square meters, and the relocation subsidy is 300 yuan. For every 20 square meters of demolished house area (if it is less than 20 square meters, it will be calculated as 20 square meters), the house relocation subsidy will be increased by 100 yuan, but the maximum compensation will not exceed 600 yuan.
If the implementation of property rights exchange requires transitional resettlement, the housing relocation subsidy shall be doubled in accordance with the standards stipulated in the monetary resettlement.
2. Business place, production place, office place and other places.
Calculate the cost of equipment relocation and installation according to the freight transportation price and equipment installation price stipulated by the state and this Municipality.
Equipment that cannot be restored to use shall be deducted from the purchase price after depreciation.
If the house property rights are exchanged due to demolition, the registered personnel who are directly engaged in production and operation within the scope of demolition can obtain compensation for suspension of production and business for 6 months according to the average wage level of the demolished person in the previous year. The registered personnel refer to those who have signed labor contracts with the residents and registered in the labor management department before the house demolition permit is issued (including retirees who have not participated in social endowment insurance).
Who can get temporary resettlement subsidies?
According to the regulations, the implementation of property rights exchange requires transitional resettlement. During the transition period, if the demolished person or lessee arranges his own residence, the demolished person shall pay the temporary resettlement subsidy.
The criteria are as follows:
1. The residence is calculated by 6 yuan per square meter per month according to the construction area of the demolished house. If the construction period exceeds the agreed period or two years, it shall be calculated according to the construction area of the demolished house per square meter 12 yuan per month from the month exceeding.
2. Commercial buildings shall be calculated by 20 yuan per square meter per month according to the construction area of the demolished houses. If the construction period exceeds the agreed period or two years, it shall be calculated according to the 30 yuan per square meter per month of the construction area of the demolished house.
3. Production buildings, office buildings and other buildings are calculated according to the construction area of the demolished houses per square meter 15 yuan per month. If the construction period exceeds the agreed period or two years, it shall be calculated according to the 22 yuan per square meter per month of the construction area of the demolished house.
If the demolished person or lessee uses the revolving house provided by the demolished person, he can't get the temporary resettlement subsidy.
Comparison of Housing Compensation Standards between Wuhan and China
Wuhan monetary compensation standard, based on the compensation standard determined by the project implemented this year, Hankou area is between 2000 yuan/square meter and 2400 yuan/square meter construction area; Hanyang District and Wuchang District are between 1.800 yuan/m2-2,200 yuan/m2. This price standard is higher than the transaction price of second-hand houses in similar areas 10%-20%, but slightly lower than the average price of ordinary commercial houses in the same area.
Many relocated households have suggested that the compensation price for house removal in Wuhan is much lower than that in Shanghai, Beijing, Guangzhou and Nanjing. In fact, relative to the absolute price of monetary compensation, the compensation price for house demolition in Wuhan is lower than that in these cities. However, if the compensation price for house demolition is compared with the price difference or price difference of commercial housing in these cities, the compensation price for house demolition in Wuhan is higher than that in these cities.
At present, the compensation standard for housing demolition in Wuhan is used to buy ordinary commercial housing, and the difference paid is not large. In view of the fact that the price of commercial housing is generally higher than that of second-hand housing, it is a good time to carry out house demolition and improve housing investment.
"Housing reform business" only gives certain commercial compensation.
Due to historical reasons, many houses on the first floor of the street in our city are operated by opening doors and making holes as facades. On the compensation policy of demolition, the market evaluation price of business premises is much higher than that of residential buildings. If all buildings are determined by business premises, the cost of demolition is too high, which is not conducive to urban construction, and will encourage more residents to join the ranks of "living in Africa" in the future, seriously affecting the seriousness of urban planning approval for building purposes.
Regarding the identification of housing use, the demolition regulations have clear provisions. "Wuhan city housing demolition management implementation measures" (DecreeNo. twenty-ninth) twenty-ninth. The municipal government 130) stipulates: "The use of private houses and self-run houses shall be subject to the registration of the house ownership certificate"; The second paragraph of Article 12 of the Guiding Opinions on Urban House Demolition and Valuation issued by the Ministry of Construction stipulates: "The nature and area of the house to be demolished are generally subject to the records of the house ownership certificate and the ownership file; There are special provisions on the identification of the nature and area of the house to be demolished, from which provisions shall prevail "; Article 10 of the Interim Provisions on the Management of Urban and Rural Individual Houses in Wuhan issued by Wuhan Planning Bureau stipulates: "If individual houses or walls need to be used for commercial purposes when they are opened up as commercial streets in urban planning, they should go through the reconstruction procedures with the competent department of urban planning."
Considering that some residents have formed a business facade in the historical period, some have been operating for decades, and some have used it as a source of life. If all the houses are appraised, the masses have opinions. Therefore, the city properly handles the problems left over from history and gives certain commercial compensation to the houses that have been formed in the historical period on the basis of the identification and compensation of residential houses.
It is not advisable to act in a disruptive way.
Demolition has the obligation to compensate the property of the relocated households according to law and provide convenient conditions for the reasonable demands of the masses. However, there are also a few people who put forward unreasonable demands beyond the policy standards for their own purposes, and take malicious delays if they fail to achieve their goals. Some even organize, plan and incite the masses to attack government agencies and block traffic. In the face of such individuals, the State Council General Office Document No.46 [2004] also clearly stipulates that we should resolutely crack down and prevent trouble. The municipal demolition management department also stressed that the satisfaction of the illegal interests of these people is an infringement on the legitimate interests of the vast majority of law-abiding, and we must resolutely put an end to and crack down. If its behavior has caused significant social impact and consequences, it shall be investigated for judicial responsibility according to law. Of course, we must resolutely stop acts that infringe upon the legitimate interests of the masses, deal with some uncivilized demolition acts according to law, and strictly protect the legitimate interests of the masses.
Why are the housing compensation standards different between urban and rural areas?
1 In June this year, Wuhan Municipal Price Bureau and Wuhan Municipal Bureau of Land and Resources issued the Notice on Location Compensation Standards for Expropriating Collectively Owned Land and Housing Demolition. According to the ring road determined by the overall urban planning of Wuhan, the homestead is divided into three categories, of which the area within the second ring road is the first-class area, and the compensation price for the location of the homestead is 2280 yuan/square meter; The area from the Second Ring Road to the Third Ring Road (Zhonghuan Road) is a second-class area, and the compensation standard for the location of the homestead is 1920 yuan/square meter; There are three types of areas outside the Third Ring Road, and the compensation standard for homestead location is 1500 yuan/square meter.
For this standard, urban residents have doubts: Why is the comprehensive average price of urban housing demolition location (generally between 1400- 1700 yuan/square meter) lower than the location compensation price of rural collective housing demolition?
This kind of understanding is actually caused by ignorance of urban housing demolition policy and rural collective land housing demolition policy.
According to the different nature of land, it is divided into state-owned land and rural collective land, and the demolition policies, competent departments, compensation principles and calculation formulas applicable to house demolition on the two kinds of land are different. Among them, the demolition of houses on state-owned land in Wuhan is governed by the State Council's Regulations on the Management of Urban House Demolition, Wuhan's Measures for the Implementation of Urban House Demolition Management and related supporting regulations. The demolition management department is the planning administrative department, while the house demolition on rural collectively-owned land is governed by the Land Management Law, the Measures for Compensation and Resettlement of Collectively-owned Land Expropriation in Wuhan, the Measures for Demolition of Collectively-owned Land Expropriation in Wuhan and related supporting regulations, and its management department is the administrative department of land and resources.
The calculation formulas of the two kinds of house demolition compensation are different.
The calculation formula of compensation for house demolition of state-owned land is: building area × unit price of real estate market evaluation (comprehensive average price of location+replacement price of house).
The calculation formula of compensation for house demolition of rural collectively owned land is: homestead area × location price+building area × house replacement price.
For example, a 200-square-meter house with two floors and an area of 100 square meter has the same replacement price, 500 yuan/square meter. The location price of state-owned land housing market evaluation is calculated by 1.500 yuan/m2, and the compensation amount is 200 m2× (1.500 yuan +500 yuan)/m2 = 400,000 yuan; The maximum location price of rural collective land houses is calculated at 2280 yuan/m2, and the compensation amount is 100 m2 land ×2280 yuan/m2 +200 m2 500 yuan (replacement price)/m2 = 328,000 yuan.
help the poor
According to the small housing area of many residents in the old city of our city, which is particularly difficult after demolition, our city has determined the minimum protection line for housing compensation. The "Implementation Measures for the Management of House Demolition in Wuhan" stipulates that if the house demolition is subject to monetary compensation, if the house area is less than 20 square meters, it will be calculated according to 25 square meters; Housing area of more than 20 square meters and less than 30 square meters, calculated by 30 square meters.
"Guaranteed" can only be used for one certificate and one household, and * * * with property rights is not calculated separately. Give appropriate compensation to unlicensed houses built due to housing difficulties in history.
According to the demolition regulations: the demolition of illegal buildings and temporary buildings exceeding the time limit will not be compensated. However, in view of the fact that some citizens in Wuhan do have great housing difficulties, they have no choice but to illegally build the roof. Only one house was demolished and there was no other place to live. In particular, the Opinions on Compensation for Demolition of Historical Undocumented Houses (Provisional) was formulated, and the historical undocumented houses formed before the promulgation of the Measures for the Administration of Urban Planning in Wuhan on July 3, 1 year were compensated according to the relevant conditions by 80%, 85% and 90% respectively with reference to certified houses.
At the same time, Wuhan has also formulated a series of safeguard measures for the needy households:
Promote the construction of small-sized commercial housing, directional supply, and solve the problem of difficult purchase of some relocated households.
The construction, acquisition and management of low-rent housing will effectively solve the housing problem of particularly poor households in house demolition.
Will be particularly difficult in the demolition of the relocated households into the scope of minimum income security, enjoy the minimum income security policy, to provide living security.
In the actual demolition, in addition to the demolition policy, many construction units also give different degrees of funds and housing care to the difficult relocated households through civil affairs, communities, disabled persons' federations and other units and departments.
judgement
There is a "scope" for applying for a ruling.
If the demolisher, the demolished person and the lessee fail to reach an agreement on compensation and resettlement for house demolition after many consultations, the demolition parties may apply to the house demolition management department for a ruling.
Not all housing demolition disputes can apply for adjudication, and the scope of application for adjudication is relatively limited, which is limited to matters such as relocation period, compensation method, compensation standard, housing use and area, and relocation transition mode. Other disputes shall be settled by the parties through civil litigation.
In line with the conditions of the ruling application, the house demolition management department shall make a ruling within 30 days from the date of receiving the application.
What materials do residents need to submit when applying for an administrative ruling?
1, ruling application; 2. Identification certificate of the legal representative; 3, the demolition of housing ownership certificate; 4, the demolition of housing valuation report; 5. Compensation and resettlement plan for the respondent; 6, the applicant and the respondent negotiation record; 7, did not reach an agreement on the proportion and reasons for the demolition; 8. Other materials related to awards.
What information do the relocated households need to submit when applying for adjudication?
1, ruling application; 2. The identity certificate of the applicant; 3, the demolition of housing ownership certificate; 4 reasons for applying for the award and relevant supporting materials.
How to treat the administrative ruling in house demolition?
After the issuance of the house demolition permit, the specific affairs of the house demolition compensation shall be determined by the demolition person, the demolition person and the lessee through consultation, which belongs to the civil activities between equal subjects, and the demolition management department shall not interfere in principle.
Because house demolition involves the progress of urban transformation and the smooth implementation of urban planning, it is directly related to the overall interests of urban construction and the public interests of the government to some extent. Therefore, the civil activities of house demolition are a relatively restricted civil legal relationship. In a certain time and space, in the case that the parties to the demolition cannot negotiate, the demolition management department will intervene with administrative power according to law, that is, administrative adjudication.
Administrative adjudication is an act that administrative organs use administrative power to adjudicate disputes over civil rights and obligations according to law, which is also called quasi-judicial act. The demolition management department should stand in a fair position, adjudicate the disputes between the two parties fairly and reasonably according to law, with proper procedures, sufficient basis and reasonable results, and protect the legitimate rights and interests of the parties equally.
In March this year 1, the Working Rules for Administrative Adjudication of Urban House Demolition promulgated by the Ministry of Construction came into effect. This document specifies the application, acceptance and procedure of administrative adjudication in detail. It is the first single-line normative document in the field of administrative adjudication in China, which provides a guarantee for standardizing administrative adjudication and protecting the legitimate rights and interests of demolition parties according to law.
What is the procedure of administrative adjudication?
1, review and decide whether the application meets the acceptance conditions and issue an acceptance notice; 2. Serve the respondent with a copy of the award and the written defense; 3. Review the legality of relevant materials and procedures; 4. Organize the parties to mediate; 5, verify the compensation and resettlement standards;
6. If an agreement is reached through mediation, an award shall be issued; If no agreement can be reached, a written ruling shall be made.
What should a normative administrative ruling include?
1, the basic information of the applicant and the respondent; 2, the main facts and reasons of the dispute; 3, the basis and reasons for the ruling;
4. According to the ruling application, decide the compensation mode, compensation amount, resettlement housing area and location, relocation period, relocation transition mode and transition period accordingly;
5. Inform the parties of the rights of administrative reconsideration and administrative litigation, the time limit for applying for reconsideration and the time limit for prosecution;
6, the name of the house demolition management department, the date of the ruling and stamped with the official seal.
The administrative ruling can be served directly, by lien, by entrustment or by post.
If you refuse to accept the administrative ruling, you can sue.
If a party refuses to accept the administrative ruling, it may apply for administrative reconsideration according to law, or bring a lawsuit to the people's court within 3 months from the date of service of the ruling.
Materials provided: Municipal Bureau of Planning and Land Resources
Editor: Zhan Min Xiao Wei Shi Lijun Yu Jun
Directory of demolition laws and regulations:
Wuhan municipal government regulations:
Measures for the implementation of the management of urban house demolition in Wuhan, 2002.3. 1
Relevant supporting normative documents:
Notice on Formulating the Standards of Housing Relocation Subsidies and Temporary Resettlement Subsidies in the Central City of our City, May 27, 2002
Technical Specification for Evaluation and Operation of Urban House Demolition in Wuhan (Trial), July 23, 2002.
Provisions of Wuhan Municipality on the Supervision and Administration of Compensation Funds for Urban House Demolition, 2003.5. 1
Interim Provisions of Wuhan Municipality on the Administration of Administrative Decisions on Urban House Demolition, 2003.5. 1
Opinions on compensation for demolition of unlicensed houses left over from history (provisional) 2003.5. 1
Notice on Standardizing the Publicity of Housing Demolition Evaluation Results, June 30, 2003
Notice on Standardizing the Site Management of House Demolition in Construction Projects (June 27, 2003)
Notice on Monetary Compensation for House Demolition to Increase Subsidies for House Demolition, June 27, 2003
Notice on Approving Wuhan Housing Demolition Assessment Agency
Opinions on the Implementation of Urban House Demolition Appraisal in Wuhan, April 2004.1
Notice on resolutely stopping uncivilized demolition, June 30, 2004
Supporting normative documents formulated by the Ministry of Construction:
Guiding opinions on the valuation of urban house demolition
Working Rules for Administrative Adjudication of Urban House Demolition
Thank you, that's all.