Detailed rules for the implementation of compensation and resettlement for house demolition
(temporary)
Article 1 In order to protect the legitimate rights and interests of the parties involved in the renovation and demolition of shanty towns according to law and accelerate the improvement of the living and living conditions of the residents in shanty towns, these detailed rules are formulated in accordance with the relevant laws and policies and the actual situation of this Municipality.
Article 2 These Rules shall apply to the demolition compensation and resettlement of the construction projects approved by the municipal government and the affordable housing and low-rent housing projects approved by the municipal government.
Third shantytown demolition compensation and resettlement work by Jiamusi City Housing Demolition Management Office (hereinafter referred to as the Municipal Demolition Office) is responsible for the supervision and management, and organize the implementation.
Article 4 The development and construction units participating in shantytown renovation projects shall issue relevant qualification and capital certification documents, of which the deposit amount shall not be less than 30% of the project investment (if the projects above the scale of the group are implemented by stages, the investment shall be calculated according to the development scale of the first phase).
In the past three years, any development and construction unit that delays the relocation due to its own reasons in the compensation for demolition and resettlement, infringes on the interests of the demolished and lessee, and defaults on the project payment and wages of migrant workers shall not participate in the shantytown renovation project.
Development and construction units need to hold the "Opinions on the Review of Real Estate Development Projects" issued by the Office of the Leading Group for the Transformation of Urban shantytowns before going to the land, construction, taxation and other departments to handle the relevant procedures for enjoying the preferential policies for the transformation of shanty towns.
After the development and construction unit has obtained the shantytown plot, it must sign the Commitment Letter for the shantytown renovation in Jiamusi City with the office of the shantytown renovation leading group.
The development and construction unit shall issue a "residential quality guarantee" to the relocated households.
Fifth shanty towns should be removed in accordance with the law for housing demolition permits. The demolition shall submit the following materials to the Municipal Demolition Office:
(a) the shanty town construction project approval plan;
(two) the construction planning land permit and the demolition scope map delineated by the planning administrative department;
(three) the approval document of the right to use state-owned land;
(four) the demolition plan and demolition plan;
(five) the notice issued by the financial institution designated by the Municipal Demolition Office that the monetary compensation funds for house demolition have arrived.
The municipal demolition office shall, within 3 days from the date of receiving the application, issue a house demolition permit to the qualified construction projects.
Sixth shanty towns housing demolition compensation in the form of property rights exchange and monetary compensation, selected by the demolition.
Seventh property rights exchange housing construction area is limited to 70 square meters. Set the basic apartment type for relocation and resettlement: one room with a construction area of 40 square meters; One and a half rooms with a building area of 50 square meters; Two-room building area of 60 square meters; Two and a half rooms with a floor area of 70 square meters. Take a basic huxing resettlement principle. Those who have been demolished voluntarily settle down with their families will only enjoy the standard of relying on them once.
Eighth demolition of residential housing original housing license indicates that the construction area of less than 40 square meters, by 40 square meters of resettlement; 40 square meters (including 40 square meters) above and below 50 square meters, and 50 square meters for resettlement; 50 square meters (including 50 square meters) above, 60 square meters below, on the placement of 60 square meters; 60 square meters (including 60 square meters) above, 70 square meters (including 70 square meters) below, on the placement of 70 square meters.
Article 9 After the residents are resettled by the standard apartment, they shall pay the extra-area resettlement fee according to the 850 yuan per square meter (the price fluctuates with the market every year) for the part exceeding the original building area; The structural price difference shall be paid by 150 yuan for the construction area of the original house; If you want to increase the area, buy it at the price of commercial housing. The property right of the resettlement house belongs to the demolished person.
If the original housing license indicates that the construction area is more than 70 square meters, 70 square meters of standard units will be placed, and no structural price difference will be charged. The remaining area can be placed on the nearest standard apartment, and the over-area part can pay the over-area resettlement fee according to the price of affordable housing.
Workers who have paid the housing provident fund can withdraw and use the provident fund according to relevant regulations.
Tenth for those who are unable to pay the full amount of the resettlement fee for the upper area, set up a security apartment with a construction area of not less than 40 square meters.
Due to family financial difficulties, if the family is unable to pay the full amount of resettlement fees for the standard apartment, the security apartment can be resettled; Still unable to pay the over-area resettlement fee, you can temporarily rent the security apartment according to the cost rent standard, which exceeds the area of the demolished house. After the economic conditions of the demolished person improve, you can pay the purchase price and change the nature of property rights.
Monetary compensation will be given to the part of the original housing construction area that is larger than the guaranteed apartment area according to the market evaluation price.
Eleventh for those who hold the "minimum living guarantee certificate for urban residents", each household will increase the resettlement area by 5 square meters on the basis of the original housing construction area. For the disabled registered in the "Minimum Living Security Certificate for Urban Residents" and holding the "People's Republic of China Disabled Persons Certificate", each household will increase the resettlement area by 3 square meters on this basis.
Those who enjoy this preferential policy are not allowed to enter the real estate market for 5 years.
The confirmation of the low-income households and the disabled shall be recognized by the local county (district) level government in conjunction with the civil affairs and supervision departments, and publicized to the public.
Twelfth demolition of non-residential housing, the demolition of people choose to move back to the resettlement, the implementation of the original housing and property rights exchange housing were evaluated according to the market price, find the difference between each other, and ask to expand the area, the expanded area is purchased at the price of commercial housing.
Article 13 If the demolished residential house is used for business, and the demolished person has obtained the industrial and commercial license, paid taxes according to regulations, is engaged in business, and has no illegal record, and chooses to change the residential house, the area will rise by 20% on the basis of the construction area indicated in the original house license, and will be resettled according to the provisions of Articles 7, 8 and 9 of these Detailed Rules.
Choose to change the business premises, the original housing according to the residential standard evaluation, according to the provisions of article twelfth of these rules to be placed.
Article 14 Demolition of houses without legal property right certificates, where the owner of the house has a formal account, has a permanent population consistent with the formal account, and has no other residence, and the house meets the housing standards, the wall thickness is more than 0.37 meters, and the independent houses with heating and living conditions can be calculated by halving the actual construction area of the house, and placed according to the provisions of Articles 7, 8 and 9 of these Detailed Rules.
Houses or illegal buildings that do not meet the above conditions without legal property rights certificates will be demolished without compensation. The owner of the house shall dismantle the house by himself according to the prescribed time limit.
Fifteenth people were relocated to determine the level of the building, according to the order of relocation, no floor price difference. The demolition sequence number shall be publicized at the demolition site and reported to the municipal demolition office for the record.
Sixteenth demolition should be the demolition and resettlement housing in the resettlement housing site posting. The contents to be published shall include: the location, quantity, building number, floor, area, selling price, the plan of resettlement plots and the single plan of resettlement houses, etc., for the people to choose and receive consultation.
After the demolition is selected, the demolition compensation and resettlement agreement should be signed with the demolition person on the address, apartment type, building number, floor, construction area, property right nature, property right ownership and purchase price of the demolition resettlement house, and accept the supervision of the Municipal Demolition Office.
Seventeenth new projects approved within the scope of transformation can meet the exchange of property rights, property rights should be exchanged within the scope of transformation; After the demolition, due to the needs of municipal and other public welfare undertakings, the approved new construction plan can not meet the property right exchange, and the property right exchange shall be implemented in the designated area of the municipal government. Relocation, should be based on the location changes to the demolition of certain preferential policies.
Jianguo Road and the southern section of Shengli Road connect Zhongshan Road in the east; South to Shengli Road, Zhongshan Road West and Hongqi Road East are connected to Hongxia Road; West to Hongqi Road, north to Shengli Road, and south to Youyi Road to Pudong East Road; North to Songhua River and east of Pudong Road, connected to Youyi Road. In this area, it is easy to relocate to the outside of this area. After being resettled by a standard apartment according to the provisions of these rules, it can also be resettled by a family. The over-area part will pay the over-area resettlement fee according to the standard of Article 9 of these rules.
Eighteenth houses to be demolished and resettlement houses in line with the orientation, do not find the orientation difference; If the demolished house is placed in the wing as the main house, the over-area fee will be reduced by 7% to find the price difference.
Nineteenth demolition should be designed and constructed according to the national architectural design specifications and basic huxing, to ensure the relocation time and housing quality. The reasonable design is that the construction area of the basic apartment for relocation and resettlement fluctuates within 2 square meters.
Twentieth people were relocated to resettlement housing for housing property ownership registration, the original housing resettlement area is exempt from housing deed tax. Exemption from the part by the financial (tax) department and the municipal demolition office * * * with the identification, property ownership management department is responsible for handling. The fee reduction can only be enjoyed once.
Twenty-first people who have been taken to choose monetary compensation, the price of monetary compensation is determined by an appraisal institution with the qualification of housing demolition assessment.
Twenty-second demolition of houses in accordance with the provisions of article thirteenth of these rules, the choice of monetary compensation, according to the residential standard valuation after floating 20% compensation.
Twenty-third rental housing demolition, in line with the conditions of housing reform, housing reform should be carried out first, after the change of property rights, compensation and resettlement according to these rules.
Lease of private property, the demolition and housing tenant should first terminate the lease relationship, and move on time, to be taken compensation and resettlement; Both parties to the lease cannot terminate the lease relationship by themselves, and the property rights of the house will be exchanged, and the original lease relationship will continue.
Twenty-fourth the relocation period of the demolition shall be subject to the announcement of the demolition. Within the specified relocation period, the demolished person shall sign an agreement on compensation and resettlement for house demolition with the demolished person, and the contents of the agreement shall specify the compensation method and amount, resettlement housing area and resettlement place, relocation period, relocation transition mode and transition period and liability for breach of contract.
People who have been relocated enjoy a one-time relocation fee. Demolition of residential houses shall be calculated according to the original housing license indicating the construction area per square meter 10 yuan standard; Demolition of non-residential housing according to the original housing license indicating the construction area per square meter of 30 yuan standard plan hair; Residential houses engaged in business, in line with the provisions of article thirteenth of these rules, according to the non-residential standards.
Give appropriate rewards to those who actively support the transformation of shanty towns and move ahead of schedule.
Twenty-fifth relocation resettlement period is eighteen months or the resettlement period agreed in the agreement shall prevail. People who have been demolished enjoy temporary relocation subsidies during the temporary transition period.
The temporary relocation subsidy for residential houses shall be calculated according to the original housing license indicating the construction area per square meter per month 10 yuan standard.
If the temporary relocation of non-residential houses causes suspension of production or business, the demolisher shall give a one-time subsidy according to the taxable income of the demolished person or the lessee of the house and the average salary of the employees in the previous year, combined with the transition period.
Twenty-sixth in the shantytown demolition, beyond the announcement of the demolition period can not reach an agreement to refuse to move, after the demolition application, the city demolition office ruling.
Twenty-seventh administrative ruling shall be made within 15 working days from the date of accepting the application, and the municipal demolition office shall issue an award.
The relocation period stipulated in the administrative ruling shall not be less than 5 days.
Twenty-eighth people who refuse to move within the time limit stipulated in the ruling, and the administrative law enforcement department designated by the municipal government shall be forced to move according to law.
Twenty-ninth demolition party refuses to accept the administrative ruling, can bring a lawsuit to the people's court. If the demolisher has given monetary compensation to the demolished person according to law or provided the demolition resettlement house or revolving house, the execution of demolition shall not be stopped during the litigation.
Thirtieth parties to the demolition should obey the management of the relevant departments, and the public security departments shall deal with those who stir up trouble, obstruct the demolition and affect the social order in the demolition.
Thirty-first matters not specified in these rules shall be implemented in accordance with relevant laws and regulations, superior documents and "Jiamusi City Housing Demolition Management Measures".
Article 32 These Rules shall come into force as of the date of promulgation.