Regulations of Shandong Province on the Administration of Urban House Demolition (Revised Draft)

Regulations of Shandong Province on the Administration of Urban House Demolition (Revised Draft for Comment)

Chapter I General Principles

Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the demolition parties and ensure the smooth progress of construction projects, these Regulations are formulated in accordance with the national Regulations on the Management of Urban House Demolition and other laws and regulations, combined with the actual situation of this province.

Article 2 These Regulations shall apply to the implementation of house demolition on state-owned land within the urban planning area of this province and the need for compensation and resettlement for the demolished people.

Article 3 The parties involved in the demolition mentioned in these Regulations include the demolition and the demolition.

Demolition refers to the unit that has obtained the house demolition permit according to law.

The demolished refers to the owner of the demolished house and its appendages (including the custodian and manager of the state-owned house and its appendages authorized by the state).

Fourth urban housing demolition must conform to the urban planning, which is conducive to the construction of urban infrastructure, the transformation of old areas, the improvement of urban environment and residents' living conditions, and the promotion of urban sustainable development.

Fifth people must be taken in accordance with the provisions of this Ordinance, the demolition of compensation and resettlement; The person to be demolished shall complete the relocation within the relocation period.

Sixth provincial people's government construction administrative departments to implement supervision and management of the province's urban housing demolition work.

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.

Development and reform, planning, land and resources, public security, prices, cultural relics, industrial and commercial administration and other departments shall, in accordance with their respective responsibilities, coordinate in the management of urban housing demolition.

Chapter II Demolition Management

Seventh districts of the city and county (city) people's government shall, according to the urban planning and local economic and social development reality, prepare the long-term planning and annual plan of urban housing demolition, and organize the implementation after approval according to the prescribed procedures.

If it is really necessary to adjust the items in the demolition plan, it shall be re-submitted for approval in accordance with the provisions of the preceding paragraph, but it shall not exceed the approved annual demolition scale.

Article 8 If the houses included in the annual demolition plan need to be demolished, the construction unit applying for demolition may, on the strength of the planning and site selection opinions or other relevant approval documents, draw the house demolition management department to make an announcement, and check the property rights, use and lease of the houses to be demolished with the relevant units or individuals. The relevant units or individuals shall cooperate.

Ninth housing units to obtain housing demolition permit, before the implementation of the demolition.

To apply for a house demolition permit, the following materials shall be submitted to the house demolition management department:

(a) the approval document of the construction project;

(two) construction land planning permit, planning conditions and drawings;

(three) the approval document of the right to use state-owned land;

(four) the demolition plan and demolition plan;

(five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business.

If it is a real estate development project, it shall also provide a certificate of the right to operate real estate development.

When applying for a house demolition permit, the land reserve institution shall submit the approval documents of the government on land reserve, and may be exempted from the materials specified in Items (1), (2) and (3) of the second paragraph of this article.

The demolition plan shall include the scope of demolition, demolition methods, demolition period, the specific time to start and complete the demolition, etc. ; The demolition plan shall include the basic situation of the house to be demolished and its attachments, the estimated compensation and resettlement expenses, the housing supply and standards of the house with property rights exchange and relevant supporting documents, the floor plan of the house to be demolished and resettled, the temporary transition mode and time limit, etc.

Article 10 After receiving the application materials, the house demolition management department shall examine the application items according to the relevant laws and regulations of the state on administrative licensing. Upon examination, if it meets the requirements, it shall be issued with a house demolition permit; Do not meet the requirements, it shall make a decision not to approve, and explain the reasons.

When reviewing the application matters, the house demolition management department shall listen to the opinions of the applicant and the relevant units and individuals within the scope of application for demolition by holding a hearing.

Eleventh housing demolition management departments in the issuance of housing demolition permits at the same time, it should be stated in the housing demolition permit demolition, demolition scope, demolition period and other content. , to be published in the form of housing demolition notice.

After obtaining the house demolition permit, the demolisher shall publicize the house demolition permit, demolition work flow, demolition compensation and resettlement plan, demolition compensation and resettlement standard, demolition unit name and demolition staff list at the demolition site and accept supervision.

Housing demolition management departments and relevant units shall promptly publicize and explain to the demolished person and lessee.

Twelfth after the demolition scope is determined, the units and individuals within the scope of demolition shall not carry out the following activities:

(1) Building, rebuilding and expanding houses;

(2) Changing the use of houses and land;

(3) renting a house.

The house demolition management department shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension shall specify the suspension period. The longest suspension period shall not exceed 1 year; If the demolition needs to extend the suspension period, it must be approved by the house demolition management department, but the extension of the suspension period shall not exceed 1 year.

Thirteenth demolition must be carried out in accordance with the scope and duration of the demolition determined by the housing demolition permit, and pay the demolition management fee in accordance with the relevant provisions.

The demolition period shall not exceed 1 year. If the demolition is not completed within the demolition period, and the demolition period needs to be extended, the demolition person shall submit a written application for extension of the demolition to the house demolition management department within 05 days before the expiration of the demolition period; The house demolition management department shall give a written reply within 10 days from the date of receiving the application. Approved extension of the demolition, the extension period shall not exceed 6 months. If the application is not made within the time limit or the application is not approved, the house demolition permit shall be invalidated automatically.

Fourteenth people can take their own demolition, demolition can also be entrusted.

Demolition of their own demolition, it should be approved by the housing demolition management department.

If the demolisher entrusts the demolition, he shall issue a power of attorney to the entrusted demolition unit and conclude a written entrustment demolition contract. The demolisher shall, within 05 days from the date when the demolition entrustment contract is concluded, report the demolition entrustment contract to the house demolition management department for the record. The entrusted demolition unit shall not transfer the demolition business.

Units that accept the entrustment of demolition must obtain the qualification certificate of urban housing demolition. Measures for the administration of qualification of urban housing demolition units shall be formulated by the provincial construction administrative department.

Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition.

Fifteenth during the demolition, the demolition parties shall, in accordance with the provisions of this Ordinance, conclude a written demolition compensation and resettlement agreement on the demolition compensation method and compensation amount, resettlement location and resettlement area, relocation period, relocation transition mode and transition period, liability for breach of contract and other matters.

Demolition of rental housing, the demolition should sign a written demolition compensation and resettlement agreement with the lessee and the demolition.

The demolition shall, within 30 days from the date of signing the demolition compensation and resettlement agreement, report the demolition compensation and resettlement agreement to the housing demolition management department for the record.

The demolition shall not require the demolition or lessee to move first, and then conclude the demolition compensation and resettlement agreement.

Sixteenth after the signing of the demolition compensation and resettlement agreement, if one party repents or refuses to perform, the other party may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the parties involved in the demolition may apply to the people's court for execution according to law.

Seventeenth demolition and demolition or demolition and demolition, housing tenant in the demolition period can not reach a demolition compensation and resettlement agreement, upon the application of the parties, by the approval of the demolition of housing demolition management department ruling. Housing demolition management department is the demolition, managed by the people's government at the same level.

The house demolition management department or the people's government at the same level shall, within 7 days from the date of receiving the application for adjudication, make a written decision on whether to accept or not to accept it; If it decides not to accept it, it shall also explain the reasons. If the number of households who have not reached an agreement on compensation and resettlement for demolition or the demolition area exceeds one third, the house demolition management department or the people's government at the same level shall hold a hearing before deciding to accept the application for adjudication.

If the decision is accepted, the house demolition management department or the people's government at the same level shall make a ruling within 30 days from the date of receiving the application. If a party refuses to accept the ruling, it may apply for reconsideration or bring a lawsuit to the people's court according to law. In accordance with the provisions of this Ordinance, if the demolisher has given monetary compensation to the demolished person or provided resettlement houses and revolving houses, the execution of the demolition shall not be stopped during the reconsideration and litigation, except as otherwise provided by laws and regulations.

Article 18 If the demolished person or lessee refuses to move within the relocation period stipulated in the ruling, the people's government of the city or county (city) where the house is located shall instruct the relevant department or the people's government at the next lower level to forcibly remove it, or the house demolition management department that made the ruling shall apply to the people's court for compulsory removal according to law.

Before the implementation of compulsory demolition, the demolition should be related to the demolition of houses, to the notary public for evidence preservation.

Nineteenth has not yet completed the transfer of demolition compensation and resettlement construction projects, the transferor and transferee shall go through the formalities for the change of house demolition permit at the house demolition management department. After the transfer, the rights and obligations of the transferor in the original demolition compensation and resettlement agreement will be transferred to the transferee. The transferor and transferee shall notify the demolished person in writing and make an announcement within 30 days from the date of signing the transfer contract.

Twentieth residents shall not change the original basic living conditions such as water supply, electricity supply, gas supply, heating and transportation. , shall not dismantle the buildings and structures that affect the safety and normal use of their houses.

No unit or individual may force or deceive the demolished person or lessee to sign the demolition compensation and resettlement agreement or move by violence or coercion.

Twenty-first demolition should be within 30 days after the demolition, with the demolition compensation and resettlement agreement to the local real estate administrative departments for cancellation of registration, and return the original housing ownership certificate.

Demolition involves the change of land use rights, and the registration procedures for the change of land ownership must be handled according to law.

Twenty-second demolition involving military facilities, churches, temples, cultural relics and houses of foreign consulates in China shall be handled in accordance with the provisions of relevant laws and regulations.

The customs and habits of ethnic minorities should be respected in demolition and resettlement.

Twenty-third demolition of housing demolition compensation and resettlement funds must be fully in place, all for housing demolition compensation and resettlement, and shall not be used for other purposes. The demolition shall inform the house demolition management department of the bank account of the demolition compensation and resettlement funds.

Twenty-fourth housing demolition management departments should strengthen the supervision and inspection of the implementation of housing demolition and demolition compensation and resettlement, and establish and improve the demolition file management system and statistical data reporting system.

The demolisher shall timely sort out and properly keep the demolition data, and hand over the demolition data to the house demolition management department within 30 days after the demolition.

Chapter III Compensation and Resettlement for Demolition

Twenty-fifth demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange.

Unless otherwise stipulated in this Ordinance, the person to be demolished may choose the compensation method for demolition.

Twenty-sixth houses to be demolished belong to residential houses, and are lower than the housing relief standards stipulated by the local people's government. The demolisher shall give monetary compensation to the demolished person or provide property rights exchange resettlement houses according to the housing relief standards. The cost of increasing the area within the housing poverty alleviation standard shall be borne by the residents. The standards for solving housing difficulties are determined by the people's governments of cities and counties (cities) with districts according to local actual conditions and announced to the public.

Twenty-seventh houses to be demolished shall be subject to monetary compensation, and the amount of monetary compensation shall be determined according to the location, use, construction area and other factors of the houses to be demolished, with reference to the sales price of similar houses in the same lot, combined with the evaluation price of the real estate market; If the parties to the demolition reach an agreement through consultation, it shall be implemented in accordance with its agreement.

Twenty-eighth houses to be demolished to implement housing property rights exchange, the demolition should provide resettlement housing and housing property rights exchange housing. Resettlement houses and demolished houses are evaluated in accordance with the provisions of Article 27 of these regulations. After the two sides settle the price difference, the property right of the resettlement house belongs to the demolished person.

The demolisher shall exchange property rights with the demolished person according to the area of the demolished house or the area agreed in the demolition compensation and resettlement agreement. Without the consent of the demolition, the demolition shall not expand or reduce the area of property rights exchange without authorization. If the area of property rights exchange is expanded or reduced by more than three percent, the demolisher has the right to refuse to accept it.

Demolition of attachments to non-profit public welfare housing, no property rights exchange, monetary compensation by the demolition.

Twenty-ninth demolition resettlement housing area is calculated according to the construction area.

The construction area of the house to be demolished, which belongs to private houses, shall be subject to the construction area specified in the house ownership certificate; Belonging to public housing, the construction area specified in the housing ownership certificate or rent schedule shall prevail. For houses with no house ownership certificate or rental plan but with legal construction procedures, or public houses with only rental plan indicating the use area, the construction area shall be subject to the construction area indicated in the approved construction documents or the construction area actually measured by the real estate surveying and mapping agency.

Thirtieth residents to provide resettlement housing, shall meet the following requirements:

(a) meet the quality and safety standards stipulated by the state and the province;

(two) in line with national and provincial architectural design technical specifications and standards;

(three) clear property rights, no obstacles to rights.

Resettlement houses provided by residents should be new houses; The provision of other houses shall be subject to the consent of the residents.

Thirty-first houses to be demolished for the exchange of housing property rights shall be determined according to the requirements of urban planning for the demolition area and the nature of the construction project.

Demolition of residential houses, the demolition area is used for residential housing construction, and the demolished person requires the exchange of housing property rights and local resettlement, and the requirements for the exchange and resettlement of housing property rights of the demolished person can be met according to the approved construction project planning, the demolished person shall be locally resettled. The planning department shall consider the needs of local resettlement of the residents when examining and approving the residential housing construction plan.

Demolition of residential houses, the demolition area for social welfare projects or urban infrastructure construction projects, should be relocated.

Thirty-second demolition of non-profit public welfare housing, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation.

Thirty-third demolition of rental housing, the demolition and housing tenant to terminate the lease relationship, or the demolition of housing tenant resettlement, the demolition should be in accordance with the requirements of the demolition compensation or resettlement.

If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person 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. However, unless otherwise agreed in the original house lease contract.

Thirty-fourth demolition of houses with courtyards should be based on the size of the courtyard area of the house and the requirements of the plot ratio coefficient of urban planning, and the amount of monetary compensation or resettlement area should be appropriately increased. The specific standards shall be determined by the people's governments of cities and counties (cities) with districts and announced to the public.

Thirty-fifth demolition of non-residential housing, housing ownership certificate in the use column marked "business" and other words, should be compensated or resettled according to the business premises.

Demolition of residential housing and business premises, and meet the following conditions, it should be appropriate to increase the amount of monetary compensation or compensation for the resettlement area, the specific standards determined by the people's governments of cities and counties (cities) with districts and announced to the public:

(1) Obtaining business license, tax registration certificate and tax payment records;

(2) The business locations indicated on the house ownership certificate, business license and tax registration certificate are consistent.

Thirty-sixth demolition of illegal buildings and temporary buildings exceeding the approved period, without compensation, by the parties themselves within the time limit; If the demolition is not carried out within the time limit, the demolition shall be submitted to the competent department of city planning administration or the comprehensive law enforcement department of the city for approval, and the demolition expenses shall be borne by the parties concerned; If the party concerned refuses to bear it, the required demolition expenses shall be offset by the materials.

Appropriate compensation may be given to the demolition of temporary buildings that have not exceeded the approval period, except that no compensation is provided when the temporary buildings are approved.

Thirty-seventh disputes over the property rights and creditor's rights of the demolished houses shall be settled by the parties through consultation; In the demolition period is not resolved, by the demolition of compensation and resettlement program, reported to the local housing demolition management department for approval before the demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house. After the dispute is settled, the demolisher shall give monetary compensation or exchange the property rights of the house in accordance with the provisions of these regulations.

Thirty-eighth demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the local housing demolition management department for examination and approval before the implementation of demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.

Thirty-ninth demolition of houses with mortgages shall be carried out in accordance with the relevant laws and regulations of the state.

Fortieth people should be taken to the demolition or housing tenant to pay moving subsidies.

Forty-first demolition or housing tenant to choose monetary compensation and find their own housing, the demolition should pay 3 months of temporary resettlement subsidies.

During the transition period, if the demolished person or lessee chooses to exchange property rights and arrange their own residence, the demolished person shall pay temporary resettlement subsidies; Provided by the demolition of housing turnover, do not pay temporary resettlement subsidies.

Forty-second residents are not allowed to extend the transition period without authorization, and users of revolving houses should vacate the revolving houses on time.

If the transition period is extended due to the responsibility of the demolisher, the temporary resettlement subsidy will be increased from the month overdue for the demolisher or the lessee who arranges his own residence; The user of the revolving house shall pay the temporary resettlement subsidy from the overdue month.

Forty-third demolition of non-residential housing, resulting in the demolition of people or housing tenants to stop production and business, the demolition should pay operating subsidies.

Forty-fourth specific standards for moving subsidies, temporary resettlement subsidies, operating subsidies and appraisal fees shall be formulated by the district, city and county (city) people's governments according to local actual conditions and announced to the public.

Chapter IV Demolition Assessment

Forty-fifth houses and resettlement houses that need to be evaluated shall be carried out by an evaluation agency that has obtained the qualification of real estate evaluation. The appraisal report must be signed by two or more full-time registered real estate appraisers.

Forty-sixth housing demolition management departments should publish the list of demolition assessment agencies to the public every year for the demolition parties to choose.

Forty-seventh demolition parties should negotiate the selection of demolition assessment agencies; If negotiation fails, the house demolition management department at the location of the house to be demolished shall organize the lottery to determine; If the demolition party abandons the lottery, it shall be designated by the house demolition management department.

The parties involved in the demolition shall conclude the entrustment contract of demolition evaluation with the selected demolition evaluation institution, and report it to the local house demolition management department for the record within 15 days after the contract is signed.

Demolition assessment agencies shall not transfer or transfer the entrusted assessment business in disguised form.

Forty-eighth housing demolition assessment methods, selected by the demolition parties and assessment agencies through consultation. If negotiation fails, the market comparison method shall be adopted; If there is no market comparison method, other evaluation methods can be adopted, but the reasons should be explained in the evaluation report.

Forty-ninth demolition evaluation should follow the principles of independence, objectivity, impartiality and legality. The demolition assessment institution shall truthfully issue an assessment report, and shall not collude with one of the demolition parties to damage the legitimate rights and interests of the other party, and shall not obtain the demolition assessment business by giving kickbacks or other improper means.

No unit or individual may illegally interfere with evaluation activities and evaluation results.

If the demolition assessment agencies and appraisers have an interest in the demolition parties or are the demolition parties, they should withdraw.

Fiftieth evaluation institutions shall publicize the preliminary evaluation results to the people who have been taken for 7 days, and make on-site explanations to listen to their opinions.

After the expiration of the publicity period, the assessment agency shall provide the demolition parties with the overall assessment report and household assessment report of the demolished houses within the scope of entrustment. The household assessment report shall be delivered to the demolished person within 5 days after the expiration of the publicity period.

Fifty-first demolition parties have objections to the evaluation results, should be resolved through consultation; If negotiation fails, the parties who raise objections may apply to the original appraisal agency for review, or entrust the real estate appraisal agency to re-evaluate.

If the difference between the re-evaluation result and the original evaluation result is within the allowable error range, the original evaluation result is valid, and the cost of re-evaluation shall be borne by the demolition parties who raise objections; Beyond the allowable error range, if the demolition party raises an objection, it may apply to the provincial or municipal housing demolition evaluation expert committee for technical appraisal. The expert committee of house demolition evaluation shall set up an expert group to evaluate, and its evaluation conclusion shall be the final ruling. The cost of re-evaluation and expert appraisal shall be borne by the evaluation institution that has not adopted the evaluation results.

The expert committee for demolition evaluation shall be selected by the provincial and district housing demolition management departments from registered real estate appraisers and experts in real estate, urban planning and law, and publicized. The members of the expert appraisal group shall be randomly selected from the expert committee, and shall not be less than 5.

The error range is determined by the municipal housing demolition management department in conjunction with the price department and announced to the public.

Chapter V Legal Liability

Fifty-second in violation of the provisions of this Ordinance, one of the following acts, the housing demolition management department shall be punished in accordance with the provisions of the national "Regulations on the Administration of Urban Housing Demolition":

(a) demolition without obtaining a permit for house demolition;

(two) the demolition of housing demolition permit obtained by deception;

(three) the demolition is not carried out in accordance with the scope of demolition determined by the house demolition permit;

(four) commissioned units that do not have the qualification for demolition to carry out demolition;

(five) unauthorized change or extension of the demolition period;

(six) the entrusted demolition unit transfers the demolition business.

Fifty-third people in the demolition period, in violation of the provisions of the first paragraph of this Ordinance twentieth, the housing demolition management department shall order it to stop the demolition, restitution; If losses are caused to the demolished person or lessee, the demolished person shall make compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fifty-fourth demolition in violation of the provisions of this Ordinance, one of the following acts, given a warning by the housing demolition management department, ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 1 10,000 yuan but not more than 30,000 yuan shall be imposed:

(a) without the approval of the housing demolition management department to carry out their own demolition;

(two) during the period of demolition, a written agreement on compensation and resettlement for demolition has not been concluded with the demolished person and the lessee, or the agreement has not been filed according to the regulations after signing;

(three) the demolition compensation and resettlement funds for other purposes.

Article 55 If the house demolition assessment agencies and house demolition assessment personnel violate the relevant provisions and norms of house demolition assessment, issue false assessment reports, collude with one of the demolition parties to damage the legitimate rights and interests of the other party, or obtain the demolition assessment business by giving kickbacks or other improper means, the real estate administrative departments shall punish them in accordance with the provisions of relevant national laws and regulations; If losses are caused to the parties involved in the demolition, they shall be liable for compensation according to law.

Article 56 If the people's government of a city or county (city) divided into districts, the house demolition management department and other relevant departments violate the provisions of these Regulations and have any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law: if the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) failing to prepare and submit for approval the long-term planning and annual plan of urban housing demolition in accordance with the regulations;

(two) in violation of the provisions of the review and issuance of housing demolition permits and other approval documents;

(three) after issuing the house demolition permit and other approval documents, failing to perform the duties of supervision and management or failing to investigate and deal with violations of the demolition management;

(four) after the demolition scope is determined, the illegal handling of matters that should be suspended;

(five) the house demolition management department accepts the entrustment of demolition or carries out demolition as a demolition person;

(six) failing to accept the application for housing demolition disputes and make a ruling according to law;

(seven) in violation of the provisions of the organization and implementation of mandatory housing demolition;

(eight) without the consultation of the parties involved in the demolition and the organization of the lottery, the house demolition management department directly designates the house demolition assessment agency;

(nine) other dereliction of duty, abuse of power, corruption and other serious consequences.

Chapter VI Supplementary Provisions

Fifty-seventh in the implementation of housing demolition on state-owned land outside the scope of urban planning area, and the need for compensation and resettlement for the demolition, you can refer to the implementation of this Ordinance.

In the implementation of house demolition on collective land in urban planning area, it is necessary to compensate and resettle the people who have been demolished, and the municipal people's government with districts shall formulate specific measures.

Article 58 These Regulations shall come into force as of the date of promulgation.