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 in accordance with the law and accelerate the improvement of the living and living conditions of shanty town residents, these Rules are formulated in accordance with relevant laws and policies and in light of the actual situation of this Municipality.
Article 2 These Rules shall apply to the demolition compensation and resettlement of construction projects approved by the municipal government and 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 the shantytown renovation project shall issue relevant qualification and capital certification documents, in which the deposit amount shall not be less than 30% of the project investment (if the projects above the group scale are implemented by stages, the investment shall be calculated according to the development scale of the first phase).
Within three years, any development and construction unit that delays the relocation due to its own reasons, infringes on the interests of the demolished and the lessee, and defaults on the project payment and wages of migrant workers in the relocation compensation and resettlement shall not participate in the shantytown renovation project.
Development and construction units need to hold the "real estate development project audit opinions" issued by the office of the leading group for shantytown renovation in the city before going to the departments of land, construction and taxation to handle the relevant procedures for enjoying preferential policies for shantytown renovation.
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 leading group for shantytown renovation in Jiamusi City.
The development and construction unit shall issue a "residential quality guarantee" to the relocated households.
Fifth shantytowns renovation and demolition should be handled in accordance with the law for housing demolition permits. The demolition shall submit the following materials to the Municipal Demolition Office:
(a) approval plan for shantytown renovation and construction projects;
(two) the construction planning land permit and the demolition scope map delineated by the planning management 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 permit for house demolition to eligible 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. 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; The two-bedroom building area is 60 square meters; Two and a half rooms with a building area of 70 square meters. Adopt the principle of basic apartment placement. Those who have been demolished voluntarily settle down with their families will only enjoy the standard of taking refuge once.
Eighth demolition of residential housing, the original housing license indicates that the construction area is less than 40 square meters, according to 40 square meters of resettlement; 40 square meters (including 40 square meters) to 50 square meters, 50 square meters; 50 square meters (including 50 square meters) above and below 60 square meters, according to 60 square meters of resettlement; More than 60 square meters (including 60 square meters) and less than 70 square meters (including 70 square meters), according to 70 square meters of resettlement.
Ninth residents according to the standard apartment placement, beyond the original construction area, according to the 850 yuan per square meter (the price fluctuates with the market every year) to pay the resettlement fee outside the area; The structural price difference of the original housing construction area shall be paid by 150 yuan; 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 house certificate 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 in 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 housing provident fund may withdraw and use the provident fund in accordance with relevant regulations.
Tenth for the inability to pay the full area of resettlement fees, the establishment of a construction area of not less than 40 square meters of affordable apartments.
Due to family financial difficulties, families are unable to pay the full resettlement fee for standard apartments, and affordable apartments can be placed; Still unable to pay the over-area resettlement fee, you can temporarily rent affordable apartments at the cost price, which exceeds the area of the demolished houses. After the economic conditions of the demolished people are improved, they can pay the purchase price and change the nature of property rights.
For the part of the original housing construction area greater than the guaranteed apartment area, monetary compensation will be given according to the market evaluation price.
Eleventh to hold the "minimum living guarantee certificate for urban residents", each household in the original housing construction area on the basis of an increase of 5 square meters of resettlement area. For the disabled registered in the "Minimum Living Security Certificate for Urban Residents" and holding the "People's Republic of China (PRC) Disabled Persons' Card", 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 within 5 years.
The confirmation of low-income households and disabled persons shall be determined by the local county (district) level government in conjunction with the civil affairs and supervision departments, and publicized to the public.
Article 12 If a non-residential house is demolished, and the demolished person chooses to move back for resettlement, the original house and the house with property right exchange shall be evaluated according to the market price to find out the price difference between them, and the area shall be expanded, and the expanded area shall be purchased at the price of commercial housing.
Article 13 Where the demolished residential house is used for business, the demolished person has obtained the industrial and commercial license, paid taxes according to the regulations, 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 housing license, and will be resettled according to the provisions of Articles 7, 8 and 9 of these Detailed Rules.
Choose to change the place of business, the original house according to the residential standard evaluation, according to the provisions of article twelfth of these rules to be placed.
Article 14 When removing a house without a legal property right certificate, the owner of the house has a formal account, the permanent population is consistent with the formal account, there is no other residence, and the house meets the housing standards, the wall thickness is more than 0.37 meters, and the independent house with heating 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 and have no legal title certificate will be demolished free of charge. The owner of the house shall demolish the house by himself within the prescribed time limit.
Fifteenth buildings determined by the demolition, 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 people should be taken to the resettlement housing in the resettlement housing site posting. The contents of publicity include: location, quantity, building number, floor, area, sales price, plan of resettlement plot, plan of resettlement house monomer, etc. , for people to choose and receive advice.
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 approved new projects 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 planning can not meet the property rights exchange, and the property rights exchange shall be implemented in the area designated by the municipal government. When moving, certain preferential policies should be given to the demolished people according to the location change.
Jianguo Road and the southern section of Shengli Road are connected to Zhongshan Road in the east; South to Shengli Road, Zhongshan Road West and Hongqi Road East are connected with Xia Hong Road; West to Hongqi Road, north to Shengli Road, south to Youyi Road to Pudong East Road; North to Songhua River, east to Pudong Road, connected with Youyi Road. In this area, it is easy to migrate to the outside of this area. According to the provisions of these rules by the standard apartment placement, but also by the family placement. The over-area part shall pay the over-area resettlement fee according to the standard of Article 9 of these Rules.
Eighteenth houses and resettlement houses are in line with the orientation, not looking for a poor orientation; If the demolished house is placed in the wing as the main room, the over-area fee will be reduced by 7% to find the difference.
Nineteenth demolition should be carried out in accordance with the national architectural design norms and basic huxing design and construction, to ensure the relocation time and housing quality. The reasonable design is that the construction area of the basic apartment is floating within 2 square meters.
Twentieth people to be taken to the resettlement housing for housing property ownership registration, the original resettlement housing area shall be exempted from housing deed tax. Exempted from the part by the financial (tax) department and the municipal demolition office * * * with that, the property 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 assessment agency with the qualification of housing demolition assessment.
Twenty-second demolition 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, compensation and resettlement for the demolition; Both parties to the lease cannot terminate the lease relationship by themselves, and the property rights of the house are exchanged, and the original lease relationship continues.
Twenty-fourth demolition relocation period shall be subject to the demolition notice. 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 area and resettlement place, relocation period, relocation transition mode and transition period and liability for breach of contract.
The relocated people enjoy a one-time relocation fee. Demolition of residential houses shall be calculated according to the standard of per square meter 10 yuan marked in the original house license; Demolition of non-residential houses is based on the standard of 30 yuan per square meter of construction area indicated in the original housing license; Engaged in the business of residential housing, in line with the provisions of article thirteenth of these rules, according to the non residential standard collection.
Give appropriate rewards to those who actively support shantytown renovation and early relocation.
Twenty-fifth relocation and resettlement period is eighteen months or the resettlement period agreed upon 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 is calculated according to the standard of per square meter 10 yuan per month indicated in the original housing license.
If the temporary relocation of non-residential houses causes the suspension of production or business, the demolisher shall give a one-time subsidy according to the taxable income of the demolished person or lessee and the average salary of employees in the previous year, combined with the transition period.
Twenty-sixth in the shantytown demolition, beyond the notice 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 refused to move within the time limit prescribed by the ruling, the administrative law enforcement departments designated by the municipal government shall be forced to move.
Twenty-ninth demolition party refuses to accept the administrative ruling, can bring a lawsuit to the people's court. If the demolisher gives monetary compensation to the demolished person according to law or provides resettlement houses or revolving houses for demolition, 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 department should 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 the "Jiamusi City Housing Demolition Management Measures".
Article 32 These Rules shall come into force as of the date of promulgation.