Seek a proposal on demolition and rights protection
Open and transparent
First, the letter of complaint to the relocated households.
Demolition is related to the construction and development of a city;
Demolition is closely related to the vital interests of ordinary people;
Demolition has given birth to people's expectations for happiness and a bright future;
How to carry out demolition? How much compensation can the demolished people get? So many problems are becoming the focus of people's attention.
"* * * create our happy life and bright future together" is a passionate sentence in the report of the 16th National Congress of the Communist Party of China, and it is also our common wish. Therefore, the Tenth Party Congress of Chengdu clearly put forward the development goal of building Chengdu into a modern mega-center city with the best entrepreneurial environment, the best living environment and the strongest comprehensive strength in western China, and carefully created the "Garden of Eden in the East" to reproduce the charming charm of the historic city of Chengdu. Combined with the old city reconstruction, this manual interprets the demolition policy around the details of urban house demolition, informs the whole process of demolition, eliminates the difficulties of demolition, allows you to understand the demolition from multiple angles, and feel the "sunshine demolition" in all directions, providing useful help for your happy life and bright future.
Second, the policy window
1, 20065438+0 June the State Council No.305 "Regulations on the Administration of Urban House Demolition";
2, 200 1 10 Chengdu Municipal People's Government Decree No.88 "Interim Measures for the Administration of Urban Housing Demolition in Chengdu";
3. Order of Chengdu Municipal People's Government. 10 June 200310 "Measures for the Implementation of Compensation Evaluation and Management of Urban Housing Demolition in Chengdu";
4. Working Rules for Administrative Adjudication of Urban House Demolition issued by the Ministry of Construction in February 2003 (Jian Jian Fa [2003] No.252);
5. Measures for Hearing of Urban Housing Demolition in Chengdu (Trial) (Chengdu Real Estate Administration Bureau [2004] No.54, March 2004);
6, 200 1 12 Chengdu Real Estate Administration Law [2001]1Notice on Implementing Specific Issues;
7. In July, 2002, Chengdu Real Estate Management Bureau issued the Supplementary Notice of Chengdu Real Estate Management Bureau on Several Specific Issues of House Demolition Management.
8. In April 2004, Chengdu Real Estate Management Bureau issued the Notice of Chengdu Real Estate Management Bureau on Further Doing a Good Job in House Demolition.
F Special note: Please click on the "Policies and Regulations" column of the public information network of Chengdu Real Estate Administration (website: www.cdahp.chengdu.gov.cn) for details of policies and regulations on demolition.
Third, the "sunshine demolition" process.
◆ Process
Step 1: The demolition unit applies for the house demolition qualification certificate.
Step 2: The demolition unit shall apply for the house demolition permit, and publish it in the newspaper to publicly invite the evaluation agency.
Step 3: Announce the house demolition announcement at the demolition site.
Step 4: Hold a relocation meeting and draw lots to determine the housing appraisal agency.
Step 5: The appraisal institution announces the appraisal results at the demolition site.
◆ Six "Attention"
1. Note: Be familiar with the contents of the "Ten Notices" on the site of the demolition office, fully understand the demolition policy and safeguard the legitimate rights and interests.
F the contents of the "ten announcements" are as follows: laws and regulations on demolition; Housing demolition permit; Housing demolition notice; Demolition staff; Plan of resettlement house; Resettlement plan; Demolition compensation project publicity form; Office hours and office system; Real estate appraisal report; Sample format of demolition agreement.
2. Note: Blasters must hold relevant certificates. For those who don't wear the demolition work permit or wear documents inconsistent with the demolition unit, demolition address and effective period stipulated in the demolition announcement, the demolished person has the right to refuse to negotiate with them on compensation and resettlement for demolition.
3. Note: At the relocation meeting, the relocated households can make full use of the rights granted by law, actively and enthusiastically participate in the lottery, determine the evaluation agency, and safeguard their legitimate rights and interests.
F Special note: Demolition projects with demolition scale 10 or less can be evaluated by households; The determination of the evaluation agency can be determined by the demolition and relocation of people through consultation or drawing lots.
4. Note: Define the connotation of evaluation. The assessment of house demolition includes classified assessment and household assessment. Classified evaluation is the evaluation of the average price of the real estate market of the demolished houses and resettlement houses; Household evaluation is the evaluation of the real estate market price of the demolished houses and resettlement houses by households.
5. Note: Evaluate the handling methods of price disputes.
F. If the demolition parties fail to reach an agreement on the basis of classified assessment, the demolition parties may entrust an assessment agency to conduct "household assessment", with the results of household assessment as the compensation standard.
F. If you are not satisfied with the household appraisal, after entering the administrative adjudication procedure, the Chengdu Housing Demolition Management Office will review the appraisal price, and if necessary, please ask the Chengdu Housing Appraisal Expert Appraisal Committee to conduct the price appraisal. In accordance with the provisions, the household assessment results as the basis for the ruling; Do not meet the requirements, the original appraisal institution will be ordered to re-identify or designate another appraisal institution for appraisal, and the expenses will be borne by the original appraisal institution.
6. Note: No compensation and resettlement agreement has been reached.
(six) the demolition parties can not reach an agreement on compensation and resettlement through consultation, or if one party refuses to negotiate compensation and resettlement, the demolition parties may apply for an administrative ruling. If the demolished person or lessee fails to move within the relocation period stipulated in the ruling, the house demolition management department will apply to the people's court for compulsory demolition according to law.
F If the demolition party refuses to accept the administrative ruling, it may apply for administrative reconsideration or bring a lawsuit to the people's court according to law.
Fourth, the policy "prompt" and the new policy of demolition.
◆ The policy "tips" help the people to worry.
Tip 1: Low-cost supplementary posts, "double poor households" give priority to applications.
Meet the conditions of low-cost housing rental subsidies, can apply for low-cost housing rental subsidies, unified declaration by the demolition unit, with the consent of the Chengdu Housing Security Center Low-cost Housing Office, a one-time payment of 5 years of low-cost housing rental subsidies.
Tip 2: preferential assistance, there is a reduction in makeup.
If the building area recorded in the original real estate license of the demolished person is below 15 square meters (including 15 square meters), and there is no room in other places, and there is a "minimum living allowance", when the property right is exchanged, the resettlement house will be in one set. When the price difference is settled according to the relevant regulations, the demolished person will pay 30% of the compensation payable to the demolished person (no longer enjoy the preferential one-time payment).
If the building area recorded in the original real estate license of the demolished person is more than 15 square meter and less than 25 square meters (including 25 square meters), and there is no housing elsewhere, and there is a "minimum living allowance", when the property right exchange is implemented, where a set of housing (including one set of second-and third-class housing) is placed, when the price difference is settled, the demolished person will pay 50% of the compensation payable to the demolished person (no longer enjoy a one-time payment).
Tip 3: Help the needy and the disabled enjoy "preferential treatment".
The person being demolished is disabled and can enjoy proper care on the floor of the resettlement house; Disabled people with urban minimum living security cards can receive temporary resettlement subsidies and moving time, which is 20% higher than the prescribed standard; Self-solving transitional housing (only for transitional resettlement) is indeed difficult for the disabled, and the demolition unit shall provide revolving housing for proper handling.
Tip 4: Introduce bank mortgage to enhance house payment.
Whether the relocated households choose "monetary compensation" or "property right exchange", they can apply for housing loans through the Chengdu Housing Property Guarantee Corporation with the second-hand houses or resettlement houses they want to buy as collateral. The method is simple, rapid and low in cost.
Tip 5: Admission and transfer are convenient, and transfer fees are free.
In order to solve the problem of children's enrollment and transfer, the Municipal Reconstruction Office and the Municipal Education Bureau jointly issued a policy to facilitate the children of relocated households to go to school nearby. At the same time, it is stipulated that primary and secondary schools in urban areas shall not refuse to accept the enrollment and transfer of children of relocated households arranged by the education administrative department for any reason, and shall not charge any extra fees.
◆ Dismantle the New Deal and broaden the road to safeguarding rights.
Ruling hearing
If the number of households that have not reached an agreement on compensation and resettlement for the demolition project exceeds 20% of the total number of households that have been demolished, a hearing will be held on whether to accept the application for demolition ruling.
Three working days before the hearing, the Chengdu Housing Demolition Management Office will notify the demolition parties or their agents in writing of the time and place of the hearing. There will be 5 to 10 people with social credibility as participants in the hearing. If the demolition party fails to participate in the hearing within the specified time or withdraws from the hearing without justifiable reasons, it shall be deemed as giving up the right to state or defend, but it shall not affect the acceptance of the demolition ruling.
administrative reconsideration
If the demolition party refuses to accept the administrative ruling, it may not only bring a lawsuit to the people's court within 3 months, but also apply for administrative reconsideration within 60 days from the date of delivery of the ruling.
Administrative reconsideration department: Regulations Department of Chengdu Real Estate Administration.
Special note: both the demolisher and the demolished person can apply for a ruling.
Relevant materials that should be submitted by the demolished person when applying for an administrative ruling: an application for ruling; The identity certificate of the applicant; Proof of ownership of the house to be demolished; Reasons for applying for the award and relevant certification materials; Other materials required by the adjudication organization.
Administrative adjudication department of demolition: Chengdu Housing Demolition Management Office.
Verb (abbreviation for verb) consulting, supervising, reporting and complaining.
◆ Illegal acts of the demolition unit and its staff:
Demolition units and their demolition staff take intimidation, coercion, water, electricity, gas, heating and other means to force the demolition relocation; In violation of the demolition policy, to develop their own resettlement compensation standards; Practise fraud, abuse power for personal gain, and infringe upon the legitimate rights and interests of the state, collectives and individuals; The parties fail to reach an agreement on compensation and resettlement for demolition, and do not organize compulsory demolition according to the prescribed procedures.
◆ Punishment intensity
Once the violation is verified, the house demolition management department will give a warning, confiscate the illegal income, cancel the demolition work permit, cancel the demolition qualification certificate, order the demolition to stop, and impose a fine on the demolition unit and its staff; Those who violate the criminal law will be investigated for criminal responsibility according to law.
◆ Supervision, reporting and complaints
1, demolition policy consultation: Chengdu Housing Demolition Management Office. (Tel: (028) 86280440;
2. Deal with property rights and disputes over property rights and area, and consult Chengdu Property Rights Supervision Office. (Tel: (028)86280434
3. Please consult Chengdu Housing Provident Fund Center for housing reform. (Tel: (028)86279276
4. Housing loan, consult Chengdu Housing Property Guarantee Company. (Tel: (028)86280288
5. Apply for low-rent housing subsidies and consult the low-rent housing office of Chengdu Housing Security Center. (Tel: (028)862800 15.
6. Handle the transaction procedures of second-hand houses and consult Chengdu Real Estate Trading Center. (Tel: (028)86279488
7. For illegal construction, please consult the Supervision and Violation Department of Chengdu Planning Administration. (Tel: (028)83234084
8. For rural land acquisition and demolition, please consult Chengdu Bureau of Land and Resources. (Tel: (028)870500 10.
9. For dust and noise, please consult Chengdu Environmental Protection Bureau. (Tel: 12369)
10, power failure, consult Chengdu Electric Power Bureau. (Tel: (028)86668999
1 1. Please consult Chengdu Water Supply Company when stopping water supply. (Tel: (028)87763 122.
12. Please consult Chengdu Natural Gas Company for gas stoppage. (Tel: (028)87777343
13. Please consult Chengdu Education Bureau for children's enrollment and transfer. (Tel: (028)86 1 15639.
14, call transfer, ask Chengdu Telecommunications Bureau. (Tel: 10000)
15, Sichuan Jinyao Law Firm (Tel: (028)87735239)
16. Apply for administrative reconsideration and consult the Regulation Department of Chengdu Real Estate Administration. (Tel: (028)86279773
Sixth, the demolition policy answer
1. Q: What criteria are used to determine the area of resettlement houses in demolition?
Answer: The area of the demolished house refers to the construction area recorded in the property certificate of the demolished house.
If the actual area of the demolished house or resettlement house is inconsistent with the area recorded in the property certificate, the property owner has the right to apply to the real estate registration department for recovery and issue a confirmation letter.
2. Q: There are some buildings around my house. Can I get compensation from the building during the demolition?
A: According to paragraph 2 of Article 22 of Decree No.305 of the State Council and Article 41 of Decree No.88 of the municipal government, no compensation will be paid for the demolition of illegal buildings and temporary buildings exceeding the approved period.
According to the Notice of Chengdu Real Estate Administration Bureau on Further Doing a Good Job in House Demolition (Chengfangfa [2004] No.85) issued by the Municipal Real Estate Administration Bureau, the houses built by demolition units, employees and individuals with official residence in this city are self-occupied and unlicensed according to 198 1 year165438+1October 25th.
3. Q: What should I do if the registered area of housing reform property rights does not match the actual area?
Answer: If the registered area of the demolished house property right is inconsistent with the actual area, according to the requirements of the demolished person, the demolished person may apply to the house property right registration department for review, and the part exceeding the original registered area shall be reviewed. After the buyer of housing reform pays the house price to the original housing reform and selling unit according to the housing reform cost price at the time of demolition, the demolished person can go through the formalities of compensation and resettlement for increasing the area by virtue of the supplementary contract of housing reform and selling and the receipt of supplementary payment.
4. Q: The purpose recorded in my real estate license is to live, but it has been used for business. Can it be used as a business house for compensation and resettlement during demolition?
Answer: If the property right certificate of the demolished house is used for residence, but the actual use is business, before the scope of demolition is determined, compensation and resettlement can be carried out according to the business premises after submitting the business license, tax payment certificate and reconstruction documents approved by the planning department.
5. Q: After the relocation meeting, the appraisal agency made a classified appraisal report on the demolished houses. Can my house only be compensated according to the classification evaluation price?
A: After the scope of demolition is determined, the classified evaluation price made by the evaluation agency for the demolished houses is the basis for the parties to negotiate.
6. Q: My house needs a family assessment. Who will pay for the assessment?
A: According to Decree No.26 of Chengdu Municipal People's Government. 100, the household assessment fee for the demolished houses shall be determined by the parties involved in the demolition through consultation. If negotiation fails, it shall be shared equally by the demolisher and the demolished.
7. Q: Do I have the right to refuse to accept the quality of resettlement houses that do not meet the national standards?
A: You have the right to refuse it. According to Order No.305 of the State Council and Order No.88 of Chengdu Municipal People's Government, the demolisher shall provide the houses that meet the national quality and safety standards for demolition and resettlement.
8. Q: What is the standard of moving allowance?
Answer: If the house to be demolished is residential, it shall be calculated by households, with 300 yuan as the unit each time; The implementation of transitional resettlement, calculated at 2 times; Non-residential buildings shall be settled by the parties involved in the demolition through consultation. If negotiation fails, the demolition person shall be responsible for the relocation.
9. Q: There were three families living in my original house, and three families were resettled during the demolition. Can the moving expenses be paid to three families?
Answer: The relocation allowance is calculated by households, that is, the property right certificate shall prevail, that is, one household has a property right certificate. Every time 300 yuan implements transitional resettlement, it will be distributed in two times.
10, Q: How do employees calculate the business premises with monetary compensation? How to pay the loss fee for stopping production for 45 days?
A: The number of employees approved by the administrative department for industry and commerce shall prevail.
If you choose monetary compensation, you will be given a loss of 45 days to stop production and business. The calculation formula is: the average wage income of urban workers in the last year published by the municipal statistics department × the number of employees approved by the administrative department for industry and commerce × the issuance time 1.5 months (45 days).
1 1. Q: I am a resident within the scope of demolition. Can I ask not to be demolished?
A: No, the demolisher has the relevant approval documents and materials, and has been audited by the Municipal Housing Demolition Management Office, issued a house demolition permit, and agreed to demolish the house within the planning red line. In other words, the houses within the planning red line must be demolished, and the demolished people have no choice. However, the demolisher and the demolished person can negotiate on the amount of compensation and the resettlement method.
12, q: I am the lessee of the business premises. What compensation can the demolition get before the lease expires?
Answer: For the lessee of business premises, if the lease term is not reached, it means that the lease relationship between the lessee and the property owner exists legally. So first of all, the property owner and the lessee negotiate to terminate the lease relationship, or the property owner resettles the lessee. If the property owner and the lessee fail to reach an agreement on the termination of the lease relationship, the demolisher shall exchange the property rights of the demolished person. 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. In other words, the right to use the housing tenant has been protected accordingly.
13. Q: I am a low-income household, and the demolished house is less than 15 square meters. What preferential policies can demolition enjoy?
Answer: When demolishing private self-occupied houses, if the original building area of the demolished person is less than 15 square meters, and there is no housing in other places, and the owner holds the Minimum Living Security Certificate for Urban Residents, when the property right is changed, the resettlement house will be 1 set, and when the price difference is settled, the demolished person only needs to pay 30% of the compensation payable to the demolished person (no longer enjoys the preferential one-time payment).
14, q: I am disabled. What are the preferential policies for demolition?
Answer: When the houses of disabled people need to be demolished due to urban construction planning, proper care should be taken on the floors of resettlement houses based on the principle of convenient living. Poor disabled people who receive urban subsistence allowances will be raised by 20% according to the prescribed standards when paying temporary resettlement subsidies and moving expenses.
15, q: I am an overseas Chinese. What are the preferential policies for demolition?
A: After the founding of the People's Republic of China, returned overseas Chinese and their relatives can buy and build private houses with remittances, and they can move nearby. Under the same conditions, they can give care to the relocated people to choose the architectural level and orientation. If the demolished person does not require property rights exchange, the demolished person shall make compensation according to the replacement price of the original construction area in different areas plus 10%.
16. q: why should we try the demolition dispute?
Answer: According to the Working Rules for Administrative Adjudication of Urban House Demolition and the Hearing Procedure for Urban House Demolition in Chengdu (Trial) (No.54 [2004]) issued by the Ministry of Construction, in order to ensure the legality and justice of the demolition adjudication and administrative compulsory demolition, and safeguard the legitimate rights and interests of the demolition parties, the house demolition management department will listen to the opinions or suggestions of the demolition parties and hearing personnel on the application matters in the form of hearing before accepting the application for demolition adjudication or applying for administrative compulsory demolition.
17. q: under what circumstances should a hearing be held?
A: First, the number of households who have not reached an agreement on compensation and resettlement in the demolition project exceeds 20% of the total number of relocated households;
Second, apply for administrative compulsory demolition.
18, q: I am a person who was demolished. How do I know to attend the hearing?
A: Three working days before the hearing, the house demolition management department shall notify the demolition parties or their agents in writing of the time and place of the hearing.
19, q: Does the demolished person or lessee have to attend the hearing?
A: There are no hard and fast rules. However, if the demolition party fails to participate in the hearing within the specified time or withdraws from the hearing without justifiable reasons, it shall be deemed as giving up the right to state or defend, but it shall not affect the acceptance of the application for demolition ruling or the application for administrative compulsory demolition.
20. Q: In the process of demolition, under what circumstances can I apply to the house demolition management department for an administrative ruling?
Answer: If the demolisher and the demolished person or the demolished person, the demolished person and the lessee fail to reach an agreement on compensation and resettlement due to the relocation period, compensation method, compensation standard, relocation transition mode and transition period, the house demolition management department will make a ruling upon the application of the parties concerned.
2 1. Q: What is the nature of the administrative ruling made by the house demolition management department?
A: It is a specific administrative act made by the house demolition management department according to law.
22. Q: After March 2004 1, what should I do if I disagree with the results of the household assessment of the demolished houses in the process of administrative adjudication?
A: According to Document No.252 of the Ministry of Construction, if the demolition parties disagree with the evaluation results, the house demolition management department shall entrust an expert evaluation committee to make an appraisal, and take the appraised evaluation results as the ruling basis.
23. Q: After March 2004 1, how long was the relocation period stipulated in the administrative ruling?
A: According to Document No.252 of the Ministry of Construction, the relocation period stipulated in the administrative ruling shall not be less than 15 days.
24. Q: I am the one who was demolished. In the process of administrative adjudication, I am afraid of being unfavorable to myself and don't want to defend myself. Am I right to worry?
A: According to Document No.252 of the Ministry of Construction, the house demolition management department shall not make a ruling that damages the legitimate rights and interests of the respondent because of the defense of the parties. So your worry is totally unnecessary.
25. Q: I found that the administrative adjudicators have interests with other parties. What should I do?
A: According to Document No.252 of the Ministry of Construction, if the staff of administrative adjudication have an interest relationship with the parties or have other relations that may affect justice, they should withdraw. So you can apply for withdrawal.
26. Q: I am not satisfied with the administrative ruling made by the house demolition management department. Can I bring a lawsuit to the court?
A: According to Document No.252 of the Ministry of Construction, if a party refuses to accept the administrative ruling, he may apply to the superior administrative department for administrative reconsideration within 60 days from the date of service of the ruling, or bring an administrative lawsuit to the people's court within 3 months from the date of service of the ruling.