China Naming Network - Ziwei knowledge - Compensation Standard for Demolition of Houliutanghe-Dingding Section of National Highway 205 and Huai 'an Section of Provincial Highway 325

Compensation Standard for Demolition of Houliutanghe-Dingding Section of National Highway 205 and Huai 'an Section of Provincial Highway 325

600 is too little. Or consult a lawyer or report to the above.

Attachment: Regulations on the Administration of Urban House Demolition in Jiangsu Province

(Adopted at the 32nd meeting of the Standing Committee of the Ninth People's Congress of Jiangsu Province on 23 October 2002/KLOC-0)

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 the city or county (city) with 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:

(a) the demolition of non-public housing attachments, 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 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 divided into districts with reference to the local affordable 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, convenient procedures for transportation and commercial services, and supporting conditions for 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 institutions to assess 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.

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 30, 1996, the Regulations on the Administration of Urban Housing Demolition in Jiangsu Province shall be abolished at the same time. The Ministry of Land and Resources of the People's Republic of ChinaNo. 10 "Measures for Announcement of Land Requisition" was adopted at the 9th ministerial meeting of the Ministry of Land and Resources on 10/8, 2006, and is hereby promulgated and shall come into force on 10/2, 2006.

Measures of Jiangsu Province for the Administration of Monetary Resettlement Compensation for Urban Housing Demolition

Article 1 In order to strengthen and improve the management of urban housing demolition, adapt to the development direction of commercialization and socialization of urban housing, ensure the smooth implementation of urban construction, and protect the legitimate rights and interests of the parties involved in demolition, these measures are formulated in accordance with the Regulations of Jiangsu Province on the Management of Urban Housing Demolition and the relevant provisions, and combined with the actual situation of urban housing demolition.

Article 2 These Measures shall apply to the houses (including appendages) that need to be demolished due to urban construction on the state-owned land within the urban planning area within the administrative region of this province.

Article 3 The term monetary resettlement compensation as mentioned in these Measures refers to the way of calculating monetary resettlement compensation for the demolished houses according to the prescribed standards.

Article 4 Where monetary resettlement compensation is implemented, the demolisher shall sign an agreement on monetary resettlement compensation for house demolition with the demolished person, uniformly use the normative text supervised by the construction administrative department, and go to the local demolition department for review according to regulations.

(a) the name of the demolition and demolition of both parties or the name of the unit (including the ownership of the house to be demolished and the right to use the house);

(two) the nature of the use of the demolished houses (defined, the same below), location, address, housing structure, grade, grade, rate of innovation;

(three) the use area of the demolished house (which can be converted into construction area);

(four) the calculation standard, settlement amount and distribution ratio of monetary resettlement compensation;

(five) the payment method and time limit of monetary resettlement compensation;

(six) the demolition period;

(seven) the way to solve the dispute;

(8) Liability for breach of contract;

(nine) other matters agreed between the demolition and the demolition.

Fifth urban housing demolition gradually implement monetary resettlement compensation. The people's governments of all districts and cities shall, in accordance with the principles of these measures and in light of local conditions, fully consider the following circumstances that are not suitable for monetary resettlement compensation and make specific provisions:

(a) the demolition of municipal construction projects, approved by the people's government of the city or county, has been placed in housing and can not raise monetary resettlement compensation fees;

(two) there are residential houses in the original place of residence, and they meet the conditions of local resettlement;

(three) the owner of the house to be demolished and the right to use the house that implements the national rent standard have not reached an agreement on the choice of monetary resettlement compensation;

(four) the lessor and the lessee have not reached an agreement on the monetary resettlement compensation scheme for the demolished private rental house;

(five) the demolition of housing poverty and economic difficulties;

(six) the property rights of the demolished houses are controversial or the whereabouts of the property owners are unknown;

(seven) the demolished house has been mortgaged and his rights have been set, and the mortgagee has not paid off his debts or reached a new mortgage agreement within the time limit announced by the competent department of house demolition;

(eight) the demolition of houses is prohibited from being transferred or changed according to law;

(nine) other circumstances that are not suitable for monetary resettlement compensation.

The measures for defining the objects of housing poverty and economic poverty as mentioned in item (5) of this article shall be formulated by the municipal and county demolition authorities in conjunction with the civil affairs departments and trade unions.

Sixth of the poor housing and poor economic objects of housing demolition and resettlement, residents should purchase and build in advance, and arrange a corresponding number of low-cost housing for rent and resettlement in different places. Low-rent housing demolished by the government and units can be transferred from retired old public houses, or purchased and built by the government or units before demolition. Low-cost housing rents are subject to government pricing, and the specific standards are determined by the people's governments of cities and counties (cities).

Article 7 Where monetary resettlement compensation is implemented for the demolition project, the demolisher shall specify the monetary resettlement compensation scheme in the demolition plan and the demolition resettlement scheme, and deposit a certain percentage of the funds not less than the total resettlement compensation into the bank designated by the local demolition department as a necessary condition for applying for the demolition permit. The specific proportion is determined by the competent department of demolition in the districts and cities.

Article 8 A construction unit may apply to a bank for a special mortgage loan for monetary resettlement compensation according to the legal appraisal value of real estate.

Ninth monetary resettlement compensation amount is determined according to the ownership relationship, the nature of use, location and other factors. The specific calculation method of resettlement compensation fee shall be formulated by the people's governments of districts and cities.

Tenth demolition in line with the national rent standards and urban housing system reform housing policy of the leased public residential housing monetary compensation, from the demolition of housing owners in accordance with the housing reform policy should be deducted from the purchase price, the balance belongs to the property owner.

Eleventh in accordance with the urban housing system reform policy has purchased housing, demolition can choose monetary resettlement compensation. However, if there are other provisions of the state and the province, those provisions shall prevail.

Article 12 After the monetary compensation agreement is signed, the demolisher shall deposit the money payable to the demolished person into the designated bank in the name of the demolished person, and the bank shall issue a deposit receipt for house purchase.

Thirteenth demolition of residential housing to buy monetary resettlement compensation housing (refers to the commercial housing that is allowed to be sold and the public housing that is allowed to be listed), it shall submit the monetary resettlement compensation agreement for house demolition, the purchase contract and the purchase deposit to the relevant bank. The relevant bank shall, according to the contents of the purchase contract, allocate the amount of the purchase deposit slip to the unit or individual that sells the house.

Fourteenth residential housing demolition purchase price, higher than the purchase deposit amount, the excess shall be borne by the demolition, and can apply for loans in accordance with the relevant provisions; If it is lower than the amount of the house purchase deposit slip, the balance shall be withdrawn by the demolished person in cash. However, the per capita construction area of houses purchased by residents shall generally not be lower than the local per capita construction area standard. The resettlement houses purchased by residents shall be exempted from or reduced in deed tax in accordance with the Measures of Jiangsu Province for Implementing the Provisional Regulations on Deed Tax in People's Republic of China (PRC) (Order No.2004). 145 of the provincial government).

Article 15. If the demolished person solves his own residence and does not need to buy a house, he must issue a residence certificate issued by the relevant department of residence and a written commitment made by himself to the demolition authorities, and notify the bank after the examination and approval of the demolition authorities, so that the demolished person can withdraw monetary resettlement compensation in cash.

Sixteenth demolition of non-residential housing, monetary resettlement compensation, monetary resettlement compensation in accordance with the market evaluation price of the housing construction area. However, the resettlement compensation for the demolition of non-residential houses due to the construction of municipal and public welfare undertakings determined by the Municipal People's Government shall be implemented in accordance with the measures promulgated by the Municipal People's Government.

Article 17 If the demolition of non-residential houses rented according to the national rent standard is compensated by monetary resettlement, the demolition person shall compensate the owner of the house to be demolished according to the replacement price of the original construction area of the house to be demolished, and after deducting the compensation for the owner of the house to be demolished from the resettlement compensation calculated in accordance with Article 16, the remaining part shall be compensated to the user and owner of the house to be demolished respectively according to a certain proportion. The specific proportion shall be determined by the Municipal People's Government. If the demolition of non-residential houses for which the rent standard is not stipulated by the state is subject to monetary resettlement compensation, the demolition person shall give monetary resettlement compensation to the owner of the house to be demolished, except that the owner of the house to be demolished has a distribution agreement as lessor and lessee.

Eighteenth monetary resettlement compensation in accordance with these measures, such as the need to assess the demolition of houses, should be determined by the national and provincial construction administrative departments and the local people's government designated assessment agencies. When evaluating, the person to be demolished shall be notified to be present, and the person to be demolished shall cooperate. If the demolished person or his entrusted agent fails to be present or refuses to cooperate after receiving the notice, the evaluation institution may also conduct an evaluation, and its evaluation behavior shall be deemed as effective. If the parties have any objection to the evaluation results, it shall be implemented in accordance with the provisions of Article 13 of the Interim Measures for the Evaluation and Management of Urban Real Estate Market (No.579 of the Ministry of Construction [1992]).

Nineteenth monetary resettlement compensation, the demolition should be taken in cash to compensate or subsidize the following actual expenses:

(a) the replacement price of the demolished housing construction area is merged into a new one;

(two) a one-time relocation allowance;

(3) incentive fee for early relocation;

(four) a one-time transition fee stipulated by the city;

(five) water capacity, capacitance difference fee, gas construction fee;

(6) Mobile fees for wired telephone and cable TV;

(seven) air conditioning and other equipment disassembly subsidies;

(eight) other provisions of the fees payable.

The standard of the above fees shall be stipulated by the municipal and county price departments in conjunction with the demolition departments.

Twentieth approach by the Jiangsu Provincial Construction Committee is responsible for the interpretation of.

Twenty-first municipal people's governments with districts may formulate specific implementation measures according to these measures and report them to Jiangsu Provincial Construction Committee for the record.

Twenty-second of these measures as the implementation of the "Regulations on the Administration of Urban Housing Demolition in Jiangsu Province", the supplementary provisions to improve the measures for urban housing demolition and resettlement. These Measures shall come into force as of the date of promulgation.