"Dandong state-owned land housing levy and compensation standards" has been adopted at the 22nd executive meeting of the municipal government on May 15, 2005, and is hereby issued.
Dandong Municipal People's Government
August third
Standard of Housing Expropriation and Compensation on State-owned Land in Dandong City
Article 1 In order to standardize the standard of expropriation and compensation of houses on state-owned land in Dandong, safeguard public interests and protect the legitimate rights and interests of the owners of houses to be expropriated, according to the Regulations on Expropriation and Compensation of Houses on State-owned Land (the State Council Decree No.590) and the Notice of the General Office of Liaoning Provincial People's Government on Implementing the Regulations on Expropriation and Compensation of Houses on State-owned Land (Liao Zhengban [201KLOC-0/)
Article 2 This standard is applicable to the expropriation and compensation of houses on state-owned land in Zhenxing District, yuanbao district and Zhen 'an District within the administrative area of our city.
Article 3 The contents of compensation for the expropriated person include:
(1) Compensation for the value of the expropriated house;
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(3) Compensation for losses caused by expropriation of houses.
Article 4 Compensation for the value of expropriated houses includes expropriated houses and their attachments, house decoration and land use rights within the occupied area of houses.
Article 5 The compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of announcement of the house expropriation decision. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method.
The area of courtyard and open space where the expropriated person enjoys the right to use state-owned land according to law shall be included in the scope of assessment, and compensation shall be levied together.
Article 6 The expropriated person may choose monetary compensation or house property right exchange.
Article 7 Where monetary compensation is selected for the expropriated residential house, the following measures shall be taken:
(1) Calculate the settlement compensation price according to the assessed price of the expropriated residential house and the construction area of the expropriated residential house.
(2) The house to be expropriated is a bungalow. If the assessed price is lower than 90% of the market price of newly-built ordinary commercial housing in the area where the house is expropriated (street, township administrative area, the same below) or adjacent areas, the compensation shall be calculated according to 90% of the market price of newly-built ordinary commercial housing.
(3) The expropriated residential house is a building. If the assessed price is lower than 95% of the market price of newly-built ordinary commercial housing in the area where the expropriated house is located or adjacent areas, the compensation shall be calculated according to 95% of the market price of newly-built ordinary commercial housing.
(four) the construction area of the expropriated residential house is less than 45 square meters, and the difference of the construction area is calculated according to 50% of the above-mentioned residential compensation standard, and subsidies are given.
(five) the relevant market price of newly-built ordinary commodity housing shall be determined by the real estate price assessment agency selected according to law.
Eighth expropriation of residential housing property rights exchange in the following ways:
(a) "one for one", that is, the original area of the expropriated residential house is not settled. Depending on the standard apartment nearby, the increased area is paid by 30% of the comprehensive cost price of Dandong real estate development, that is, the government preferential price.
(2) If the expropriated person voluntarily applies for raising the standard apartment type, the increased area will be paid at 50% of the comprehensive cost price of real estate development in Dandong.
(3) If an application for increasing the standard apartment type can be placed, the increased area shall be paid at 90% of the market evaluation price of the newly-built ordinary commodity housing in the area where the property right exchange house is located.
The comprehensive cost price of real estate development is calculated and published by the leading group of housing expropriation and compensation on state-owned land in Dandong City.
Ninth expropriation of residential housing property rights exchange set the following standard huxing:
(1) The standard apartment building area for property right exchange of shantytown renovation project is: 45 square meters, 54 square meters, 63 square meters, 72 square meters, 865 square meters, 438+0 square meters and 90 square meters.
(2) The construction area of standard units for property right exchange of other housing expropriation projects has increased by 100 m2,10 m2, 120 m2.
Tenth residential property rights exchange lots are:
(a) due to the transformation of the old city (including shantytowns), the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, and shall provide houses in the area where the houses are expropriated or nearby.
The nearest resettlement site is announced in the housing expropriation compensation plan.
(two) in addition to the transformation of the old city, the housing levy project needs to be resettled in different places, and the land level of the resettlement area should be consistent with the location of the housing levy project. If the land level in the resettlement area is reduced, a set of standard units will be raised free of charge on the basis of the standard units that should be resettled according to this standard.
The determination of land grade is based on the legally effective documents on the date of the announcement of the house expropriation decision.
(three) the choice of resettlement in the new city, should be based on this standard resettlement huxing free of charge to improve a standard huxing.
The determination of the scope of the new urban area is based on legally binding documents.
Eleventh expropriation of residential housing property rights exchange need to pay the price, all enjoy 9 square meters of government preferential price policy. After the property right exchange, if the construction area increased by the standard apartment is less than 9 square meters, the difference will be settled at 50% of the comprehensive cost price of Dandong real estate development and returned to the expropriated person.
If the building area of the expropriated residential house is less than 45 square meters, the standard apartment with a building area of 45 square meters will be resettled. If the difference between the construction area of the expropriated residential house and the standard apartment building area of 45 square meters exceeds 9 square meters, the price shall be paid at the preferential price of the government.
Article 12 If the property right of the expropriated residential house is exchanged and placed in the residential house with elevator, the construction area will be increased free of charge according to the construction area of the expropriated residential house near the standard apartment. Specific measures are:
(1) The expropriated residential house is a bungalow, and the construction area is increased free of charge 15%.
(2) If the expropriated residential house is a building, the construction area will increase by 8% free of charge.
According to the provisions of this article, the construction area increased without compensation and the standard apartment building area used for resettlement are included in the agreed resettlement area.
Article 13 The actual construction area of a property right exchange house cannot be lower than the agreed resettlement area. In actual construction, there is a positive difference of less than 7 square meters between the agreed resettlement area and the agreed resettlement area. At the time of resettlement, the expropriated person who exceeds the difference shall pay the price at the preferential price of the government; If the actual construction area of the property right exchange house exceeds the permitted scope, the excess will be given to the expropriated person free of charge.
Fourteenth shantytown renovation projects have more than 90 square meters of residential houses, and other expropriation projects have more than 120 square meters and need property rights exchange. You can choose the standard apartment with the upper limit of the property right exchange room of their respective projects for resettlement. If the expropriated residential house exceeds the agreed resettlement standard apartment building area, the compensation shall be calculated according to 90% of the market evaluation price of the newly-built ordinary commodity residential house in the area where the property right exchange residential house is located, and returned to the expropriated person.
The expropriated person who owns the super-large residential house mentioned in the preceding paragraph can also choose the standard apartment with the sum of the two total areas closest to the construction area of the expropriated residential house for household resettlement, and all policies are calculated as one household.
Fifteenth residential houses to be expropriated must meet the following conditions:
(a) before the announcement of the house expropriation decision, the owners and immediate family members of the divided family have each formed an independent family for more than three years;
(two) the home address of each independent family is consistent with the address of the expropriated residential house where it lives;
(3) Independent families resettled by relocated households have no other housing;
(four) the construction area of the expropriated residential house is not less than 22 square meters after the average allocation of each independent family.
(5) Except as stipulated in Article 14 of this standard, buildings shall not be divided into households. Before the cancellation of welfare housing distribution, if independent families are placed in residential apartments in the building due to unit reasons, the problem of household separation shall be stipulated separately and announced in the specific housing expropriation compensation plan.
Article 16 After the household application of the expropriated person is approved, the construction area of the expropriated residential house shall be shared equally by independent families, and the property rights shall be exchanged according to the relevant provisions of this standard.
Article 17 The construction of houses with property rights exchange shall conform to the relevant national, industrial and local technical specifications and standards; Meet the quality and safety standards and requirements stipulated by the state, province and city, and have clear property rights.
Property rights exchange houses are generally organized and built by the people's government that has made the decision on house expropriation. If the construction is entrusted, the construction unit shall be selected according to law, and the relevant matters shall be clearly stipulated in the entrustment contract, and the implementation shall be supervised.
Property rights exchange houses should be new houses; The provision of other houses shall be subject to the consent of the expropriated person. Property rights exchange residential housing for rough housing, in accordance with the general decoration standards of Dandong resettlement residential housing subsidies. The specific subsidy standards are determined by the assessment agencies entrusted by the government to make decisions on house expropriation, and announced in the compensation scheme for house expropriation.
Eighteenth illegal buildings and temporary buildings exceeding the approved period shall not be compensated. In the process of house expropriation, people who meet the following conditions shall be placed in the shed reform resettlement site:
(a) the user is a permanent residence in Dandong City and has no housing in other places;
(2) Users are independent families;
(3) Its structure is the same as that of the house, and its construction area is not less than15m2;
(4) Having independent living conditions;
(five) only for residential use, and before the announcement of the government housing expropriation decision, the user has lived continuously for more than three years.
Nineteenth eligible residents living in sheds shall be resettled in the following ways:
(a) the user shall submit a written application for resettlement to the collection department, and attach a certificate that meets the resettlement conditions;
(two) the street office where the house expropriation area is located shall make a written decision, and the people's government that made the decision on house expropriation shall publicize it in the expropriation area.
(3) If there is any objection after publicity, it shall be verified and handled by the house expropriation department.
(4) Eligible shacks and houses with a construction area of 37 square meters shall pay 50% of the comprehensive cost price of real estate development in Dandong. Voluntary application to raise the standard apartment to 45 square meters and can be placed, the increased area shall be paid at 90% of the market evaluation price of new ordinary commodity housing in the area where the property right exchange house is located. Living shed resettlement can implement the policy of Article 13 of this standard.
(five) users of living sheds must ensure the authenticity of all kinds of certificates that meet the resettlement conditions. Those who defraud resettlement compensation by false means shall bear corresponding legal responsibilities.
Twentieth public housing placement in the following ways:
(a) the implementation of government rent standards for public housing tenants and property buyers, in line with the current housing reform policy can buy the overall property rights, public housing property units should be timely for the sale of public housing procedures. After paying off the purchase price, the collection department shall compensate the owner of the expropriated house.
If the tenant of public housing in shantytown renovation project chooses property rights exchange, he can purchase property rights at the preferential price of 300 yuan per square meter of bungalow 100 yuan and building, and then resettle by property rights exchange.
(2) If the owner of the expropriated house terminates the lease contract with the lessee of the public house or the owner of the expropriated house has placed the lessee of the public house before expropriation, the owner of the public house shall be compensated and placed.
(three) if the owner and lessee of the expropriated public housing do not terminate the lease contract, the owner of the public housing will exchange the property rights according to this standard, and then the original public housing lessee will continue to lease.
(4) If the lessee of public housing chooses monetary compensation, 80% of the monetary compensation amount of the expropriated house shall be compensated to the lessee and 20% to the owner of public housing.
If the property right is changed, it shall be placed according to this standard, and the price of the increased area shall be paid by the lessee, and the ownership of this part shall belong to the lessee. The original area ownership remains unchanged, and the lessee continues to lease.
(5) If there is a lease relationship for the expropriated public housing, the house expropriation department, the owner of the public housing and the lessee shall sign an expropriation compensation agreement.
(VI) Reform of the original property right system If the owner of the office building in an enterprise or institution is unknown, and it is difficult for the custodian to exercise his rights on his behalf, and the lessee agrees to sign a compensation agreement, the house expropriation department may sign it with him. The owner's rights are protected by the collector, and transferred after the rights are clear, and the collector is responsible for compensation for the losses caused.
Twenty-first expropriation of non-residential housing monetary compensation, the expropriation of housing and accessories according to the market evaluation price compensation, and then according to the expropriation of housing compensation fee 10% to be subsidized.
If public non-residential houses are directly compensated by money, if there is an agreement between the owner and the lessee, such agreement shall prevail; If there is no agreement, 70% of the monetary compensation amount (including subsidies) of the expropriated house shall be compensated to the lessee, and 30% shall be compensated to the owner of the directly-managed public housing.
Twenty-second expropriation of non-residential houses to implement property rights exchange, the original area of the house to be expropriated shall be settled according to the market evaluation price and the market evaluation price of the resettlement house. The increased construction area is paid according to the market evaluation price of resettlement houses.
Non-residential houses directly under public administration do not settle the price difference.
Twenty-third collection of commercial residential housing, according to the residential resettlement. Meet the following conditions, in accordance with the operating construction area of residential compensation standard price of 20% compensation for operating losses.
(a) The house operator is the owner or his immediate family;
(2) Holding a valid business license and tax payment (or tax exemption) certificate consistent with the address of the house;
(3) When the house expropriation decision is announced, the business license is still valid, and the house has been used for more than 2 years. If the interval between changing or reapplying for a business license does not exceed 6 months, the operating time can be calculated continuously.
Twenty-fourth houses to be expropriated indoor telephone, cable TV, gas, Internet and other supporting facilities and equipment, in accordance with the housing expropriation announcement date of the industry-related charges to be compensated. The specific standards are determined in the housing expropriation compensation scheme.
The compensation measures for urban infrastructure and municipal public facilities such as tap water, gas, heating, drainage, electricity, communication, cable TV and Internet involved in house expropriation shall be stipulated separately. In order to ensure the progress and safety of the house expropriation project, all relevant units should enter the site first according to the opinions of the expropriation department.
Twenty-fifth because of the relocation of houses, compensation shall be given in the following ways:
(1) If the expropriated residential house chooses monetary compensation, it shall pay the relocation fee 500 yuan to the expropriated person at one time; If property right exchange is selected, one-time payment will be made 1000 yuan;
(two) non residential housing relocation costs, equipment disassembly costs, can not be restored to the use of facilities replacement costs, according to the market assessment price compensation.
Twenty-sixth residential housing property rights exchange resettlement transition period: multi-storey buildings shall not exceed two years, high-rise buildings shall not exceed three years.
The transition period of non-residential houses can be agreed in the expropriation compensation agreement.
Twenty-seventh standards for temporary resettlement subsidies during the transition period of property rights exchange are:
(a) residential housing to be expropriated housing construction area as the base, per square meter per month 10 yuan, less than 450 yuan, 450 yuan subsidies;
(two) over the transition period, overdue within one year, 5 yuan per square meter per month; Overdue for more than one year, according to the original standard 1 times subsidy;
(three) during the transition period, temporary resettlement subsidies will not be issued to people living in the sheds. During the transition period, every household will be paid 250 yuan monthly, and if it is overdue for more than one year, every household will be paid 500 yuan monthly.
(four) during the transition period, the temporary resettlement subsidy for non-residential houses shall be calculated by the evaluation institution according to the labor contract, the average wage standard of local employees in the previous year and the period of suspension of production and business, and paid quarterly.
If the non-residential house chooses monetary compensation, it will be paid in one lump sum for 3 months.
(five) during the transition period, the temporary resettlement subsidy will not be issued.
Twenty-eighth compensation for losses caused by house expropriation, the house expropriation department shall comprehensively consider the interests before the house expropriation, the tax situation, the period of suspension of production and business, fully solicit the opinions of the expropriated person, and determine the compensation standard through consultation; If negotiation fails, you can entrust a real estate price assessment agency for assessment.
The negotiation of compensation standard for loss due to shutdown is based on the following factors and calculation methods:
(a) based on the valid business license confirmed by the industrial and commercial registration authority and the tax payment voucher confirmed by the tax authorities, and determined by the average value of the actual use benefits of the house in the three years before the announcement of the house expropriation decision and during the suspension of production and business;
(II) If it is impossible to provide the tax payment certificate and verify the actual use efficiency of the house, it can be calculated according to the construction area of the house to be expropriated, the monthly rent per square meter determined by the assessment agency with reference to the rent of similar houses nearby, the transition period and other factors.
(3) If the methods in Items (1) and (2) of this article cannot be calculated, 8% of the assessed price of non-residential houses and accessories may be levied as the standard, and compensation shall be made for the loss of production or business suspension.
The compensation method for the loss of production or business suspension can be agreed in the compensation agreement.
Twenty-ninth in the house expropriation decision notice within the time limit, should be rewarded. The reward amount shall be set by stages within the relocation period, and the specific standards shall be determined in the housing expropriation compensation scheme.
Thirtieth expropriation of individual housing, the expropriated person meets the housing security conditions, should give priority to the protection of housing, the expropriated person no longer waiting.
Thirty-first poor households and low-income households choose to exchange property rights in the following ways:
(1) The expropriated house is close to the standard apartment type;
(two) poor households are exempt from increasing the price of construction area, and low-income households are charged by half;
(3) The construction area exempted from payment and charged by half shall be managed in accordance with the relevant provisions of affordable housing;
(four) in accordance with the relevant provisions of the management of poor households and low-income households.
Thirty-second housing expropriation does not separately compensate the owner, two or more heirs and transferees of the expropriated house. If the expropriated house does not meet the requirements of residential household resettlement as stipulated in Article 15 of this standard, it shall not be resettled separately.
The disposal of monetary compensation or property right exchange involving ownership, inheritance and gift of the expropriated house shall be settled by the parties themselves through consultation.
Article 33 The expropriation and compensation of houses on collective land in Dandong City and the expropriation and compensation of houses on state-owned land of the Administrative Committee of the Special Economic Zone shall be implemented with reference to this standard.
Article 34 The Municipal Housing and Urban-Rural Development Committee shall be responsible for the interpretation of this standard, and may formulate detailed rules for its implementation according to this standard.
Article 35 This standard shall come into force as of the date of promulgation, and the Measures for Compensation for Expropriation of Houses on State-owned Land in Dandong (Trial) (Danfa [2011] No.38) shall be abolished at the same time.
Housing demolition and house expropriation projects that have been implemented before the implementation of this standard are still implemented according to the original provisions.
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