20 19 Jiangsu province housing demolition management regulations and demolition compensation standards (full text)
Regulations of Jiangsu Province on the Administration of Urban House Demolition
Chapter I General Provisions
Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the parties involved in the demolition and ensure the smooth progress of construction projects, these Regulations are formulated in accordance with the Regulations of the State Council on the Management of Urban House Demolition and combined with the actual situation of this province.
Second in the administrative area of this province, the implementation of housing demolition on state-owned land in urban planning areas, and the need for compensation and resettlement for the demolition, should comply with the "Regulations" and the provisions of the State Council.
Article 3 The construction administrative department of the provincial people's government shall supervise and manage the urban house demolition work within the administrative area of this province.
The housing demolition management department of the people's government of a city or county (city) divided into districts shall supervise and manage the urban housing demolition work within their respective administrative areas. The relevant departments of the people's governments of cities and counties (cities) divided into districts shall cooperate in accordance with the provisions of relevant laws and regulations to ensure the smooth progress of the management of urban house demolition.
The land administrative departments of local people's governments at or above the county level shall be responsible for land management related to urban house demolition in accordance with the provisions of relevant laws and regulations.
Chapter II Demolition Procedures
Article 4 Urban house demolition shall follow the following procedures:
(a) the demolition project evaluation;
(two) the demolition to the housing demolition management department to apply for housing demolition permit;
(three) the house demolition management department issued a demolition notice;
(four) the demolition and demolition or demolition and demolition and the lessee shall conclude a written demolition compensation and resettlement agreement;
(five) according to the demolition compensation and resettlement agreement for demolition compensation and resettlement;
(six) the implementation of housing demolition.
The time for the implementation of house demolition construction shall be no less than thirty days from the date of the announcement of demolition. For overseas Chinese and other people living outside the country (territory), the demolisher shall inform in writing the time for the implementation of house demolition, and the demolition time shall be extended accordingly.
Article 5 The demolition plan and demolition plan submitted by the demolisher to the house demolition management department when applying for the house demolition permit shall include the following contents:
(a) the exact scope of the demolition;
(two) the use, area and ownership of the house within the scope of demolition;
(three) the implementation steps of demolition and safety protection and environmental protection measures;
(four) the implementation of demolition funds, resettlement houses, turnover houses or other temporary transitional measures;
(five) the way and duration of the demolition.
The house demolition management department shall attach a detailed demolition scope map when issuing the house demolition permit.
Sixth demolition compensation and resettlement funds shall be fully deposited in financial institutions that handle special deposit business, all of which shall be used for demolition compensation and resettlement and shall not be used for other purposes. The demolition compensation and resettlement funds are insufficient, and the house demolition management department shall not issue the house demolition permit.
Housing demolition management department should strengthen the supervision of demolition compensation and resettlement funds.
Article 7 If the house to be demolished is under any of the following circumstances, the demolisher shall put forward a compensation and resettlement plan, report it to the house demolition management department for examination and approval, and go to the notary office for evidence preservation before the demolition can be implemented:
Property rights are unclear or controversial;
(two) the whereabouts of the property owner is unknown.
If the house to be demolished is managed by the real estate management department, the demolition compensation and resettlement agreement must be notarized by a notary office, and the evidence shall be preserved.
Article 8 The demolition of houses shall be undertaken by an enterprise that has the conditions to ensure safety and has the qualification certificate of a construction enterprise, and a demolition plan shall be prepared, and the person in charge of the construction enterprise shall be responsible for safety.
Chapter III Compensation and Resettlement for Demolition
Ninth people should be taken in accordance with the "Regulations" of the State Council city housing demolition management and the provisions of this Ordinance to be taken compensation.
The compensation method for demolition can be monetary compensation or property right exchange, and the demolished person has the right to choose the compensation method, except for the following circumstances:
(1) Demolition
Appendices of non-public welfare houses shall not be exchanged for property rights, and monetary compensation shall be given by the demolished;
(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 demolition of housing property rights exchange.
Article 10 The amount of monetary compensation shall be determined by the appraised price of the real estate market according to factors such as location, use and construction area. The evaluation of the real estate market price of the demolished houses shall comply with the provisions of Chapter IV of these Regulations.
The implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of the preceding paragraph, calculate the amount of compensation for the demolition of housing and the price of housing exchange, and settle the price difference of property rights exchange. The housing to be exchanged shall be evaluated in the real estate market price, and the provisions of Chapter IV of these Regulations shall be observed.
Demolition should provide houses that meet the national quality and safety standards for demolition and resettlement. Resettlement in different places shall be arranged at one time.
The transition period of demolition generally does not exceed eighteen months from the date when the demolished person or lessee vacates the house. Demolition, demolition or housing tenant shall abide by the agreement on the transition period.
Due to the responsibility of the demolition to extend the transition period, from the overdue month onwards, unless otherwise agreed by the parties, the demolition should be in accordance with the following provisions to the demolition or housing tenant to pay temporary resettlement subsidies:
(a) by the demolition or lessee to solve the transition housing, the extension of time within twelve months, pay twice the 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.
The demolisher shall settle the compensation and resettlement fees and temporary resettlement compensation fees within the agreed time. The telephone transfer fee, cable TV installation fee, moving fee and other expenses arising from the demolition should be fully compensated.
Residential housing from the date of completion to the date of issuing demolition permits, less than five years of demolition, demolition should increase the amount of compensation. Specific measures shall be formulated separately by the municipal people's government with districts, but the minimum proportion of compensation increase shall not be less than 15% of the compensation amount.
Eleventh houses to be demolished by the real estate management department, the implementation of property rights exchange, resettlement housing is still managed by the real estate management department; Where monetary compensation is implemented, the amount of monetary compensation shall be deposited in the bank through the special account of the custodian.
Demolition of public residential houses managed by real estate management departments or public residential houses managed by units, where the demolished person and the lessee choose monetary compensation and resettlement, the replacement price of the demolished house will be merged into a new part of compensation to be paid to the owner of the demolished house, and the rest will be paid to the lessee.
Twelfth demolition of military facilities, churches, temples, cultural relics and other facilities, as well as non-production and business houses used for public welfare undertakings and their ancillary facilities, the demolition should be handled in accordance with the provisions of relevant laws and regulations.
Demolition of primary and secondary school buildings or kindergartens shall be approved by the administrative department of education, and new school buildings and kindergartens shall be built according to the planning requirements. The house demolition management department shall, jointly with the administrative department of education, properly arrange students' enrollment.
Thirteenth due to the demolition of non residential housing caused by production, business, compensation by the demolition. The specific measures shall be formulated by the municipal people's government with districts.
Fourteenth people who have only one house and the amount of monetary compensation is lower than the minimum standard of demolition compensation, the demolition should be compensated according to the minimum standard of demolition compensation. The minimum compensation standard for demolition shall be determined by the municipal people's government with reference to the local economic applicable housing value of the smallest apartment specified in the national residential design code.
If the demolished person still cannot solve the housing after receiving monetary compensation in accordance with the provisions of the preceding paragraph, the people's government of the city or county (city) divided into districts shall properly resettle the demolished person by providing complete sets of urban low-rent housing or renting and selling affordable housing.
Chapter IV Demolition Assessment
Fifteenth the real estate market price evaluation of the houses to be demolished shall be carried out by a real estate appraisal institution (hereinafter referred to as the appraisal institution) with the qualification of real estate appraisal above the third level issued by the construction administrative department at or above the provincial level.
The municipal real estate management department with districts shall announce the list of assessment agencies to the public every year for the demolition and relocation people to choose.
Sixteenth real estate market price evaluation should follow the principles of openness, fairness and impartiality.
Seventeenth in the assessment of the same demolition project, the assessment agency shall not have an interest with the housing demolition management department, the demolition and the demolition. The evaluation institution shall not collude with one party to harm the interests of the other party.
Eighteenth demolition assessment should comprehensively consider the following factors related to the demolition of houses:
(1) Location: the location benchmark price of the house to be demolished, as well as the location adjustment factors such as the surrounding environment of the house, the convenience of transportation and commercial services, and the supporting conditions of public facilities. Local people's governments at or above the county level shall announce the location benchmark price every year and make adjustments according to market conditions;
(2) Purpose: The purpose indicated in the property ownership certificate shall prevail; If the purpose of the property right certificate is not specified, the purpose recorded in the property right file shall prevail; However, those who have obtained the industrial and commercial business license and operated for more than one year shall be evaluated with reference to the business premises;
(3) Construction area: the construction area specified in the house ownership certificate or the measured area confirmed by the real estate management department. If the building area is less than the land use area, the location compensation area shall be calculated according to the land use area;
(4) Decoration: the decoration compensation is calculated according to the construction area of each natural room combined with the grade, price, depreciation period and other factors of decoration materials;
(5) Other factors: building structure, maturity, floor, height, orientation, etc.
Nineteenth houses demolished are divided into
Real estate market price assessment agencies are selected by both the demolition and the demolition; 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.
Twentieth 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 demolition may entrust other evaluation agencies that meet the requirements of Article 15 of these regulations 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 stipulated in the preceding paragraph shall be stipulated by the municipal people's government with districts.
Twenty-first people should be taken in the assessment within five days after the end of the demolition site announced the assessment results.
Chapter V Legal Liability
Twenty-second acts in violation of the provisions of this Ordinance, the State Council, "Regulations on the Administration of Urban Housing Demolition" and other laws and regulations have provisions, in accordance with its provisions.
Twenty-third construction enterprises that undertake the house demolition business fail to take safety measures when demolishing houses, and the construction administrative department shall order them to make corrections, give them a warning and impose a fine of more than 2,000 yuan and less than 30,000 yuan; If casualties are caused, civil liability shall also be borne according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Demolition units and their staff resort to deceit, abuse of power, the directly responsible person in charge and the directly responsible personnel, by their units or the competent department at a higher level shall be punished according to law; If the circumstances are serious, the demolition permit shall be revoked by the house demolition management department, and a fine of not less than 1,000 yuan but not more than 10,000 yuan may be imposed.
Twenty-fourth demolition parties in violation of the provisions of this Ordinance, commissioned by the assessment agencies do not meet the conditions of the demolition assessment, the housing demolition management department shall order it to make corrections.
Twenty-fifth assessment agencies and the demolition parties collude with each other, deliberately lowering or raising the real estate market evaluation price of the demolished houses, and the evaluation results are invalid, and the house demolition management department shall impose a fine of 5000 yuan or more and 50 thousand yuan or less; Illegal income, confiscate the illegal income; If the circumstances are serious, the assessment qualification shall be suspended or cancelled; If a crime is constituted, criminal responsibility shall be investigated according to law. If losses are caused to others, they shall be liable for compensation according to law.
Article 26 If the staff of the house demolition management department and other relevant departments neglect their duties, exceed their powers or abuse their powers, engage in malpractices for selfish ends, ask for bribes and take bribes, or infringe upon the legitimate rights and interests of the demolition parties, the directly responsible person in charge and the directly responsible personnel shall be given administrative sanctions by their departments or higher authorities; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Twenty-seventh in the urban planning area of foreign land for the implementation of housing demolition, and the need for compensation and resettlement of the demolition, with reference to the implementation of this Ordinance.
Where collective land is requisitioned for urban development and construction to implement house demolition, the compensation and resettlement measures for demolition shall be formulated separately by the Municipal People's Government with reference to these regulations.
Article 28 These Regulations shall come into force on June 6+1October 6+1October 6, 2003. 1Adopted at the 18th meeting of the Standing Committee of the Seventh People's Congress of Jiangsu Province on February 9, 1990, and1Revised at the 25th meeting of the Standing Committee of the Eighth People's Congress of Jiangsu Province on February 3, 1996, the Regulations on the Administration of Urban House Demolition in Jiangsu Province shall be abolished at the same time.
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