According to this method, if the expropriated house meets the following conditions, compensation shall be given in accordance with the relevant provisions of this method: ① there are house ownership certificates, immovable property certificates or legal approval procedures; (2) There is no house ownership certificate, immovable property certificate or legal examination and approval procedures, and compensation is decided by the District People's Government through collective research. The District People's Government may, in accordance with the relevant laws, regulations and policies, and in combination with the actual situation in this area, formulate relevant identification measures on its own.
At the same time, the method also clarified once again that three situations will not be compensated: temporary buildings (structures) that have exceeded the approved use period or should be unconditionally demolished due to construction needs in relevant approval documents; In the approval document for the demolition of old houses and the construction of new houses, it is clearly required that houses should be demolished without demolition; Be recognized as illegal buildings (structures), etc.
Expropriation of residential houses, the expropriated person can choose property rights exchange or monetary compensation. Choose property rights exchange, resettlement housing area and resettlement area equal part does not account for the difference:
If the resettlement housing area is less than the resettlement area, it shall be settled according to the cost price of resettlement housing.
If the resettlement housing area exceeds the resettlement area, the part exceeding the resettlement area 10 square meter (including 10 square meter) shall be settled according to the cost price of resettlement housing;
The part exceeding the resettlement area 10㎡ to 20㎡ (including 20㎡) shall be settled at 1.2 times the cost price of resettlement houses;
The part exceeding the resettlement area of more than 20 square meters shall be settled according to 1.5 times the cost price of the resettlement house.
If the expropriated person chooses a single set of resettlement houses beyond the resettlement area, he can only choose the resettlement house type beyond the minimum resettlement area.
Choose multiple sets of resettlement houses, the total area shall not exceed the resettlement area of 30 square meters (including 30 square meters), and the excess part shall be settled according to the total area.
The house to be expropriated is a unit residence or a commercial residence with a total area. In case of property right exchange, the maximum resettlement area is the interior area of the expropriated house, and the resettlement shall be carried out according to the interior area of the expropriated house corresponding to the interior area of the resettlement house 1: 1.
If the expropriated residential house chooses the property right exchange resettlement house and arranges temporary resettlement by itself, it shall be given 25 yuan/m2/month according to the selected property right exchange area (the maximum area shall not exceed the resettlement area), and the minimum per household shall not be less than 1000 yuan/month.
The method clarifies two kinds of relocation expenditure subsidies: if monetary compensation is selected, the relocation subsidy is calculated by multiplying the corresponding expropriated housing area by 22 yuan/m ㎡; Housing replacement, relocation subsidies according to the corresponding resettlement area multiplied by 22 yuan/㎡ (including 2 relocation) calculation. One-time payment of relocation allowance. If each household is less than 500 yuan, it will be replenished to 500 yuan.
Measures of Haikou Municipality on Compensation and Resettlement for House Expropriation on State-owned Land
Chapter I General Provisions
Article 1 In order to standardize the expropriation and compensation of houses on state-owned land in this Municipality, safeguard public interests, safeguard the legitimate rights and interests of the expropriated people, and speed up the smooth progress of the expropriation and compensation of houses, in accordance with the Civil Law of People's Republic of China (PRC), the Land Administration Law of the People's Republic of China, the Urban and Rural Planning Law of People's Republic of China (PRC), the Regulations on Expropriation and Compensation of Houses on State-owned Land and other laws and regulations.
Article 2 These Measures shall apply to the compensation and resettlement of houses on state-owned land within the administrative area of this Municipality because of public interests.
Article 3 The District People's Government shall perform the duties of expropriation according to law and be responsible for the expropriation, compensation and resettlement of houses on state-owned land within its jurisdiction. The house expropriation department determined by the District People's Government shall organize the implementation of compensation and resettlement for house expropriation in this area.
City housing levy department is the administrative department in charge of housing levy on state-owned land in this Municipality, which guides, supervises and manages the compensation and resettlement work of housing levy on state-owned land in this Municipality.
Other relevant departments in charge of municipal development and reform, finance, natural resources and planning, comprehensive administrative law enforcement, public security, government service center, education, market supervision, civil affairs, taxation, people's society, auditing, etc. shall, according to their respective functions and duties, work together to do a good job in housing expropriation and compensation.
Article 4 Houses that meet the following conditions shall be compensated according to the relevant provisions of these Measures:
(1) Having the house ownership certificate, real property certificate or legal approval procedures;
(two) there is no housing ownership certificate, immovable property certificate or legal examination and approval procedures, and the District People's Government shall make compensation after collective research. The District People's Government may, in accordance with the relevant laws, regulations and policies, and in combination with the actual situation in this area, formulate relevant identification measures on its own.
Article 5 No compensation shall be granted under any of the following circumstances:
(1) Temporary buildings (structures) that should be demolished unconditionally due to construction needs beyond the approved service period or indicated in relevant approval documents;
(two) in the approval documents for the demolition of old houses and new houses, the demolition of houses is explicitly required but not removed;
(3) Being recognized as an illegal building (structure).
The District People's Government shall be responsible for the authenticity, accuracy and legality of the data identified and submitted in the investigation of expropriation compensation, and shall not include the houses or buildings that will not be compensated in the budgetary estimate when compiling and submitting the budgetary estimate of expropriation compensation and resettlement.
Chapter II House Expropriation, Compensation and Resettlement
Article 6 When a residential house is expropriated, the expropriated person may choose property right exchange or monetary compensation.
Seventh expropriation of residential houses, in line with the provisions of Article fourth (a) of these measures, according to the area recorded in the certificate of compensation and resettlement; In accordance with the provisions of article fourth (two) of these measures, compensation and resettlement shall be carried out in accordance with the housing area recognized by the District People's government. If monetary compensation is chosen, compensation shall be given according to the assessed price of the house to be expropriated.
The implementation of property rights exchange, in line with the provisions of article fourth (a) of these measures, the housing resettlement area is the housing area recorded in the certificate; In accordance with the provisions of Article 4 (2) of these Measures, the housing area shall be the housing area recognized by the District People's Government.
Choose property rights exchange, resettlement housing area and resettlement area equal part does not account for the difference. If the resettlement housing area is less than the resettlement area, it shall be settled according to the cost price of resettlement housing. If the resettlement housing area exceeds the resettlement area, the part exceeding the resettlement area 10 square meter (including 10 square meter) shall be settled according to the cost price of resettlement housing; The part exceeding the resettlement area 10 square meter to 20 square meters (including 20 square meters) shall be settled according to 1.2 times the cost price of the resettlement house; The part exceeding the resettlement area of more than 20 square meters shall be settled according to 1.5 times the cost price of the resettlement house. If the expropriated person chooses a single set of resettlement houses beyond the resettlement area, he can only choose the resettlement house type beyond the minimum resettlement area. Choose multiple sets of resettlement houses, the total area shall not exceed the resettlement area of 30 square meters (including 30 square meters), and the excess part shall be settled according to the total area.
The house to be expropriated is a unit residence or a commercial residence with a total area. In case of property right exchange, the maximum resettlement area is the interior area of the expropriated house, and the resettlement shall be carried out according to the interior area of the expropriated house corresponding to the interior area of the resettlement house 1: 1. Where the selected resettlement house exceeds the resettlement house area, the corresponding pool area shall be added, and the settlement shall be handled in accordance with the provisions of the third paragraph of this article.
Article 8 If the expropriated house is a non-residential house (subject to the ownership certificate), the compensation shall be assessed according to the nature and use of the house.
Article 9 If the expropriated houses belong to the public housing units in this Municipality where employees live or purchase according to the housing reform policy, they shall be handled in the following ways:
(a) workers with the approval of the provincial and municipal housing reform office to buy public housing with full property rights, and have paid the corresponding amount according to the housing price approved by the provincial and municipal housing reform office, or have paid part of the housing price according to the housing price approved by the provincial and municipal housing reform office, but with the consent of the property unit and supplemented by workers, compensation or resettlement shall be made according to Article 7 of these measures.
(II) If the employees were originally approved by the provincial and municipal housing reform offices to purchase public housing according to part of the property rights, and have paid the corresponding housing price according to the housing price approved by the provincial and municipal housing reform offices, the housing obligee shall be compensated or resettled according to Article 7 of the present Measures according to the proportion of property rights.
(III) The public housing originally purchased by employees has not been approved by the provincial and municipal housing reform offices, and the employees and their spouses have not purchased preferential housing (including purchased housing reform, poverty-stricken housing, public rental housing, fund-raising housing, affordable housing, and price-limited commercial housing) and received housing subsidies for employees. The employees have paid all the housing payment according to the housing reform policy, and if the original property right unit agrees to give up property rights, it shall be handled with reference to the provisions of Item (1) of this article; Workers have paid part of the house price according to the housing reform policy, and if the original property unit does not agree to give up the property right, it shall be handled with reference to the provisions of item (2) of this article.
(4) If the house where the employee lives fails to go through the formalities for examination and approval of housing reform and fails to pay the relevant house price, and either employee or his spouse fails to purchase preferential housing (including purchased housing reform, poverty-stricken housing, public housing, fund-raising housing, affordable housing and price-limited commodity housing) and receives housing subsidies for the employee, and the property right unit agrees to give up the property right, the employee shall pay the corresponding amount to the property right unit in accordance with the provisions of Article 7 of these Measures and the assessed price of the expropriated house similar to the real estate market. If the original property right unit does not agree to give up the property right, the property right unit shall give compensation or resettlement in accordance with Article 7 of these Measures.
The demolition of non-public housing in this Municipality can be carried out according to the opinions of property rights units with reference to the provisions of this Municipality.
Tenth collection of idle land with state-owned land ownership certificate or immovable property certificate, which involves idle land, shall be disposed of by the municipal land administrative department in accordance with the Measures for the Disposal of Idle Land. If idle land is not involved, monetary compensation will be given according to the assessed price.
If the vacant land of individual residential land with ownership certificate or immovable property certificate is expropriated and monetary compensation is selected, the compensation shall be assessed according to the nature recorded in the ownership certificate or immovable property certificate. If you choose to change houses, the resettlement area shall be the area recorded in the ownership certificate or real estate certificate, which shall be handled in accordance with the provisions of Article 7 of these Measures.
Vacant land without ownership certificate or immovable property certificate is recognized as residential land, which can be compensated by the District People's Government in accordance with relevant procedures and regulations. If monetary compensation is selected, the compensation shall be evaluated according to the recognized nature and area; If you choose to exchange houses, the resettlement area shall be the compensation area recognized by the District People's Government, which shall be handled in accordance with the provisions of Article 7 of these Measures. If it does not belong to residential land, monetary compensation shall be given in accordance with the recognized nature, area assessment or relevant standards.
Eleventh expropriated people meet the requirements of the city's public rental housing security object, but the expropriated housing area is less than 60 square meters, you can choose one of the following ways for resettlement:
(a) * * * ownership. The government will make up the difference of 60 square meters of demolition and resettlement houses. As the owner of the house, the District Housing Security Center and the expropriated person jointly purchase the demolition and resettlement houses. Both parties shall enjoy the housing rights and register the housing property rights according to their respective investment proportions, and the funds invested by the government shall be paid from the unforeseen expenses of the project. If the economic conditions of the expropriated person are improved and they have the ability to purchase part of the state-owned property rights of the relocated resettlement houses, the part of the property rights can be transferred to the expropriated person according to the evaluation price of the similar real estate market, and the district housing security center and the expropriated person shall go through the relevant formalities according to the provisions on housing transfer.
(two) monetary compensation to ensure the distribution of rent. The government funded the centralized purchase of a certain number of 60 square meters of resettlement houses, which were incorporated into the city's housing security management system. The district housing security center is responsible for the management and distribution of rent to eligible expropriated persons, and the housing rent is calculated and collected according to the standards approved by the government.
Chapter III Subsidies and Awards
Twelfth expropriation of residential housing without approval to change the use of housing for business purposes, it should be on the basis of compensation for residential housing expropriation, in principle, do not provide commercial housing placement. However, before the promulgation of these measures, if the house has been used as a commercial facade and has obtained a business license, the part of the ground floor house actually used for business can be given appropriate subsidies to the expropriated person. If the expropriated person signs an agreement and moves and vacates within the specified time, the subsidy standard is 1500 yuan/square meter. The District People's Government shall announce to the public that the expropriated residential house is changed for business use.
If the expropriated residential house is changed to office, production, storage, teaching and other places, it shall not be subsidized in accordance with the provisions of this article.
Article 13 If the expropriated residential house chooses the property right exchange resettlement house and arranges temporary resettlement by itself, it shall be given 25 yuan/m2/month according to the selected property right exchange area (the maximum area shall not exceed the resettlement area), and the minimum per household shall not be less than 1000 yuan/month.
If the expropriated person signs an agreement within 30 days from the date of issuing the expropriation announcement, in principle, he will pay a one-time 24-month temporary resettlement subsidy (the specific number of months of one-time payment can be adjusted according to the actual situation of the project), which will be calculated from the date when the living house is vacated and the expenses such as water, electricity, communication, gas and property management are settled. If the expropriated person delays the signing of the contract, it will decrease in turn on a monthly basis. After the expiration of the one-time payment months, if the expropriated person has not been resettled, the payment will continue.
The expropriated house belongs to the administrative office space of the party and government organs and institutions. In accordance with the relevant provisions of the administrative office space and the completion standards, no compensation or settlement will be made, and appropriate temporary resettlement subsidies will be given.
Fourteenth choice of monetary compensation, relocation allowance is calculated by multiplying the corresponding expropriated housing area by 22 yuan/square meter; If you choose to change houses, the relocation allowance shall be calculated by multiplying the corresponding resettlement area by 22 yuan/㎡ (including 2 relocations). Relocation allowance should be paid in one lump sum. If each household is less than 500 yuan, it will be replenished to 500 yuan.
Fifteenth due to the expropriation of non-residential housing (subject to the ownership certificate) caused by the suspension of production and business, a one-time grant of 12 months. The subsidy standard is: the operating pavement is subsidized according to the pavement evaluation price 1%/ month; Production houses shall be subsidized at 0.8%/ month of the appraised house price; Other non-residential houses are subsidized by 0.6%/ month of the housing appraisal price.
Article 16 If the expropriated person signs the expropriation compensation agreement and vacates the house (including open space) within the prescribed time limit, each household will be rewarded with 20,000 yuan. The definition of households shall be subject to the provisions of the compensation scheme, and special circumstances shall be handled in accordance with the provisions of Article 22 of these Measures. Choose property rights exchange, according to the choice of property rights exchange area to give 70 yuan/square meters of resettlement housing property registration subsidies (the maximum area does not exceed the resettlement area).
Chapter IV Supplementary Provisions
Seventeenth the area, structure and nature of the house to be expropriated shall be subject to the records of the house ownership certificate and the immovable property certificate.
The unregistered housing area is determined by the District People's Government according to the "Code for Real Estate Survey".
The houses mentioned in these Measures are all frame, mixed, brick-wood (tile) structure houses, excluding simple structures and appendages. Unless otherwise specified, the construction area refers to the construction area.
The District People's Government shall announce the survey results of the ownership, use and construction area of the house to the expropriated person within the scope of house expropriation.
Article 18 If the expropriated house has the house ownership certificate, immovable property certificate or legal approval procedures, it shall be evaluated according to the nature, use and location of the land and house and the market price of similar real estate. If the expropriated house has no house ownership certificate, immovable property certificate or legal examination and approval procedures, but it is determined by the collective research of the District People's Government that compensation should be given, the land shall be evaluated according to the nature, use, location and other factors, and the house shall be evaluated according to the full replacement price.
According to the Notice of Haikou Municipal People's Government on Promulgating the Evaluation Results of Haikou Urban Construction Land Grading Benchmark Land Price (Haifuhan [2021] No.216), the average plot ratio of residential land and commercial service land evaluation is set at 2.5. If there are special provisions, the special provisions shall prevail.
Nineteenth resettlement housing cost issued by the Municipal People's government according to the actual situation.
Twentieth District People's Government shall announce the compensation amount of all the expropriated persons within the scope of house expropriation.
Article 21 If the District People's Government, in violation of the provisions of these measures, raises the compensation standard without authorization, or practices fraud or conceals it, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
If the expropriated person provides false certification materials to defraud the expropriation of compensation, subsidies and rewards, it shall be recovered according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-second housing levy projects involved in the implementation of the policy is not clear or involved, by the District People's government collective research and handling, and send a copy to the municipal housing levy department.
Twenty-third specific application problems in the implementation of these measures shall be interpreted by the municipal housing levy department.
Article 24 These Measures shall be implemented as of the date of promulgation and shall be valid for five years. These Measures shall not apply to the projects whose collection decisions have been announced before the date of promulgation of these Measures.