Chapter III Compensation and Resettlement for Demolition
Twenty-sixth rental housing demolition, demolition should implement monetary compensation or housing property rights exchange. The demolition of houses to implement property rights exchange, should accept the demolition of houses; Do not accept monetary compensation for the demolished houses.
Twenty-seventh demolition of rental housing property rights exchange, the demolition and relocation of people should settle the difference between the amount of monetary compensation and the exchange of housing value.
Article 28 If the house rented at the agreed rent is demolished, and the person to be demolished terminates the lease relationship with the lessee or the person to be demolished places the lessee, the person to be demolished shall make compensation and resettlement for the person to be demolished in accordance with the provisions of the present Measures for the demolition of non-rented houses.
If the person to be demolished and the lessee of the house cannot terminate the lease relationship, the person to be demolished shall, in accordance with the provisions of these measures, dismantle the unreleased house and exchange the property rights of the person to be demolished. 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.
Article 29 Where monetary compensation is applied to the demolition of residential houses, the calculation formula of monetary compensation amount is: monetary compensation amount of residential houses = average unit price of residential housing market evaluation ×( 1+ adjustment coefficient )× construction area.
The average unit price of residential housing market is determined by the assessment agencies according to the location, building structure, room type and other factors within the scope of demolition, and is announced within the scope of demolition after being reported to the municipal development and demolition office for the record.
The adjustment coefficient is determined within 2% of the assessed unit price according to the actual old and new conditions of the house, excluding the depreciation factor of the service life of the house.
The demolition (or public housing tenant) has any objection to the amount of monetary compensation determined, and may apply to the demolition for further evaluation; After receiving the application, the dismantler shall entrust the original dismantlement assessment agency for assessment. In case of separate assessment, the amount of monetary compensation shall be determined according to the separate assessment value of the house.
Thirtieth demolition of public residential housing rental standards stipulated by the government, the lease relationship is terminated. The demolisher shall give monetary compensation to the demolished. If the demolished houses are bungalows and simple buildings, the monetary compensation amount shall be10% of the monetary compensation amount for residential houses specified in Article 29 of these Measures; 15% of the demolished houses are buildings. Demolition should also implement monetary compensation or housing placement for the lessee. If the lessee chooses monetary compensation, if the demolished houses are bungalows and simple buildings, the compensation amount shall be 90% of the compensation amount for residential houses as stipulated in Article 29 of these Measures, and 85% of the demolished houses shall be buildings. If the lessee chooses a resettlement house, it shall accept the resettlement house provided by the demolition, and settle the difference between the monetary compensation amount and the value of the resettlement house with the demolition. After the price difference is settled, the property right of the resettlement house belongs to the lessee.
Thirty-first private residential houses that have not been rented out and public residential houses that have been rented out according to the rent standards set by the government, if the demolition and the lessee of public residential houses can not be solved, the demolition should give appropriate care.
Thirty-second demolition of non-residential housing rent-free monetary compensation, monetary compensation amount according to the location, use, construction area and other factors, to determine the real estate market evaluation value.
Thirty-third demolition of public non-residential housing rental standards set by the government, the lease relationship is terminated. Demolition should be taken to the demolition, housing tenant monetary compensation. The monetary compensation for the demolished is 30% of the assessed value of the housing market; The monetary compensation for the lessee is 70% of the appraised value of the housing market.
Thirty-fourth the assessment of the houses to be demolished shall be carried out by the assessment agency approved by the municipal development and demolition office. If the demolition party disagrees with the evaluation results, it may apply to the original evaluation institution for re-evaluation within five days after receiving the evaluation results; If you apply for re-evaluation, the results of re-evaluation shall prevail.
Thirty-fifth resettlement houses provided by residents should have clear property rights, no burden of rights, and meet the supporting requirements determined by the plan and the building quality, safety and technical standards.
The value of resettlement houses provided by the residents shall be assessed and determined by the assessment agencies recognized by the municipal development and demolition office, and shall not be lower than the monetary compensation amount stipulated in these measures in principle, except that the residents and the residents or the tenants of the houses to be demolished reach an agreement through consultation.
Article 36 The compensation standard for the decoration part of the demolished residential house shall be determined by the evaluation institution according to the decoration level and the new situation. The demolished person or the lessee of the house may apply to the evaluation institution for evaluation of the decoration part, and the compensation amount shall be determined according to the evaluation results. If the person being demolished or the lessee of the house dismantles himself, no compensation will be assessed.
Thirty-seventh demolition of non-public housing accessories, the demolition of people to be taken monetary compensation. The compensation standard for the demolition of housing appendages shall be formulated by the municipal development and demolition office and promulgated and implemented after the approval of the Municipal People's government.
Thirty-eighth demolition of houses used for public welfare undertakings and their attachments, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or refer to these measures for monetary compensation for the demolition of non-public welfare undertakings and their attachments.
Thirty-ninth demolition of illegal buildings and temporary buildings exceeding the approved period shall not be compensated; Demolition of temporary buildings that have not exceeded the approval period shall be compensated by the demolition person according to their replacement into new values and the remaining approval period. Temporary buildings without approval period shall be approved for two years.
Fortieth people should be taken to the demolition or housing tenant to pay relocation subsidies.
If the property exchange houses and resettlement houses provided by the residents have been built or are under construction, the parties to the demolition shall stipulate the transition period in the demolition compensation and resettlement agreement; If the demolished person or lessee arranges his own residence, the demolished person shall pay temporary resettlement subsidies to him.
Due to the demolition of non-residential housing caused by the suspension of production and business, the demolition should be taken to give appropriate compensation to the demolition or housing tenant.
The relocation subsidy standard stipulated in the first paragraph of this article, the temporary resettlement subsidy standard stipulated in the second paragraph, and the compensation standard for suspension of production and business operation stipulated in the third paragraph shall be formulated by the Municipal Development and Demolition Office and promulgated for implementation after being approved by the Municipal People's Government.
Demolition of the demolition compensation and resettlement agreement signed before the deadline stipulated in the demolition notice and completed the relocation of the demolition or housing tenant, according to the situation can be sent to the relocation incentive fee.
Article 41 The construction area of the house to be demolished shall be subject to the construction area specified in the house ownership certificate; If the construction area specified in the house ownership certificate is inconsistent with the legal construction area measured by the house surveying and mapping agency, the legal construction area measured by the house surveying and mapping agency shall prevail.
Demolition of public houses rented by tenants according to the rent standard stipulated by the municipal government, and the construction area of each rented house shall be subject to the construction area specified in the lease certificate; If rented according to the use area, the construction area of each rented house shall be calculated according to the construction area corresponding to the use area specified in the lease certificate. The conversion formula is: the construction area of each rented house = the use area specified in the lease certificate × the ratio of the construction area to the use area of the whole house.
Forty-second houses to be demolished are non-residential houses, which shall meet the following conditions at the same time:
(a) the use approved by the planning is non-residential, or the original registered use of the completed house before the implementation of urban planning control is non-residential;
(two) the purpose of the house stated in the house ownership certificate is non-residential use;
(three) when the demolition is frozen, it shall be used for non-residential purposes according to law.
Forty-third demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the municipal development and demolition office for approval before demolition. Before the demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house.
Article 44 When demolishing a mortgaged house, the mortgagor and the mortgagee shall reach an agreement on the handling of the mortgage and the secured creditor's rights according to the laws and regulations of the state on mortgage guarantee, and provide a written agreement to the demolisher, who shall implement it according to the agreement of both parties.
If the mortgagor and the mortgagee fail to reach an agreement, when monetary compensation is implemented, the demolisher shall deposit the monetary compensation in the notary office. Chapter I General Provisions
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 Measures are formulated in accordance with the Regulations of the State Council Municipality on the Administration of Urban House Demolition and in combination with the actual situation of this Municipality.
Article 2 These Measures shall be applicable to the demolition of houses on state-owned land within the urban planning area of this Municipality, and it is necessary to compensate and resettle the people who have been demolished.
Article 3 The term "demolisher" as mentioned in these Measures refers to the unit that has obtained the house demolition permit in accordance with the provisions of these Measures.
The term "demolition" as mentioned in these Measures refers to the owner of the house to be demolished.
Fourth demolition should be given compensation and resettlement in accordance with the provisions of these measures; The person to be demolished, the lessee of the house to be demolished and other units and individuals occupying the house to be demolished shall complete the relocation within the relocation period.
Fifth Jinan City Real Estate Development and Demolition Management Office (hereinafter referred to as the Municipal Development and Demolition Office) is the competent department of housing demolition in this Municipality, and it supervises and manages the urban housing demolition work in the urban area of this Municipality.
Planning, land, housing management, public security, industry and commerce, price and other departments shall, in accordance with their respective responsibilities, cooperate with the municipal development and demolition office to do a good job in the supervision and management of housing demolition.