The term "demolished person" as mentioned in these Regulations refers to the owner of the demolished house.
The term "lessee" as mentioned in these Regulations refers to the unit or individual that has a legal lease relationship with the person being demolished.
The term "demolition undertaking unit" as mentioned in these Regulations refers to the unit that has the qualification of demolition undertaking, accepts the entrustment of the demolition person and undertakes the specific demolition undertaking task. Fifth people should be taken in accordance with the provisions of this Ordinance, the demolition of compensation and resettlement; The demolished person and the lessee shall complete the relocation within the relocation period in accordance with the provisions of these regulations. Article 6 The term "residential house" as mentioned in these Regulations refers to the house marked as a house on the house ownership certificate held by the demolished person.
The term "non-residential house" as mentioned in these Regulations refers to the house that is stated as non-residential on the ownership certificate held by the demolished person. Seventh city housing demolition management office for the city's housing demolition management department, responsible for the management of urban housing demolition. Eighth relevant departments or units involved in urban housing demolition shall cooperate to ensure the smooth progress of housing demolition work. Chapter II Demolition Management Article 9 Units that need to demolish houses due to construction projects must apply to the house demolition management department and obtain the house demolition permit before carrying out the demolition. When applying 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;
(2) Planning procedures for construction land;
(three) the approval document of the right to use state-owned land;
(four) the demolition plan and the demolition compensation and resettlement plan.
Before receiving the Permit for House Demolition, the demolition compensation and resettlement funds shall be fully deposited into the bank account designated by the house demolition management department according to the evaluation results of the evaluation institution (hereinafter referred to as the evaluation institution) recognized by the provincial construction administrative department, and the house demolition management department shall review and supervise the use of funds.
Housing demolition management department shall, within 30 days from the date of receiving the application for demolition, review the application matters; To meet the conditions, the issuance of "housing demolition permit". Tenth housing demolition management departments in the issuance of the "housing demolition permit" at the same time, it should be within the scope of the demolition of the "housing demolition notice", announced the demolition, demolition contractors, valuation agencies, demolition scope, demolition period and other matters.
Demolition, demolition contractors should do a good job in the demolition site of the demolition mobilization and publicity of laws and regulations and related matters consulting; Appraisal institutions shall do a good job in the interpretation of valuation matters. Eleventh after the demolition scope is determined, the following procedures shall be suspended within the scope of demolition:
(1) Building, expanding, rebuilding and rebuilding 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 notice of suspension shall specify the period of suspension. The maximum suspension period shall not exceed 1 year. If the demolition needs to extend the suspension period, it must be put forward within 20 days before the expiration of the suspension period. Approved by the housing demolition management department, the extension of the suspension period shall not exceed 6 months. Twelfth people can take their own demolition, can also entrust a qualified unit to carry out the demolition.
? Self-demolition, demolition must have the qualification certificate of house demolition issued by the provincial construction administrative department.
Commissioned by the demolition, demolition contractors should be signed by the two sides of the "demolition contract" submitted to the housing demolition management department for the record. ?
Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition. Thirteenth demolition should be taken in accordance with the provisions of this Ordinance on the demolition compensation, resettlement and other matters signed the "demolition compensation and resettlement agreement". Where monetary compensation is implemented, the agreement shall specify the amount of compensation, payment method, payment period, relocation period and liability for breach of contract, as well as other terms that the parties think need to be concluded; In case of property rights exchange, the two parties shall also sign an agreement on the location, area, price difference, occupancy time and relocation transition mode of the house.
Demolition of rental housing, the demolition should be taken and the lessee signed the "demolition compensation and resettlement agreement". Fourteenth "demolition compensation and resettlement agreement" signed, the demolition or housing tenant refused to move within the relocation period, the demolition can bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law. Fifteenth demolition parties failed to reach an agreement on matters such as compensation and resettlement, any party can apply to the house demolition management department for a ruling within the demolition period specified in the house demolition permit. The ruling shall be made within 30 days from the date of acceptance.
If a party refuses to accept the award, it may bring a lawsuit to the people's court within 3 months from the date of service of the award. In accordance with the provisions of this Ordinance, the demolition has provided monetary compensation to the demolished person or the lessee of the house, or provided the house for relocation and turnover, and the execution of the demolition will not be stopped during the litigation.