Regulations of Changchun Municipality on the Administration of Urban Housing Demolition

Regulations of Changchun Municipality on the Administration of Urban Housing Demolition

Source of regulations: Changchun Municipal People's Congress Standing Committee

Promulgated: 1 June 9981.

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Content:

Announcement of the Standing Committee of Changchun Municipal People's Congress (No.2)

Chapter I General Provisions

Article 1 In order to strengthen the management of urban house demolition, ensure the smooth progress of urban construction, meet the needs of housing system reform, and protect the legitimate rights and interests of residents, these Regulations are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to the houses and their appurtenances on the state-owned land in the urban planning area of this Municipality that are demolished due to urban construction.

Article 3 The term "demolisher" as mentioned in these Regulations refers to the construction unit or individual who has obtained the house demolition permit.

The term "demolished person" as mentioned in these Regulations refers to the owner of the demolished house and its appendages (including the custodian and manager of the state-owned house and its appendages authorized by the state) and the user of the demolished house and its appendages.

Fourth urban housing demolition must conform to the urban planning, which is conducive to the transformation of old areas.

Fifth people must be taken in accordance with the provisions of this Ordinance to be taken compensation and resettlement; The person to be demolished must obey the needs of urban construction and complete the relocation within the specified relocation period.

Article 6 The Municipal Urban and Rural Construction Committee is the administrative department in charge of urban house demolition work of the Municipal People's Government, and its main responsibilities in urban house demolition work are:

1. Implement the laws and regulations on urban house demolition;

2. Examining and approving the qualification of the house demolition unit and the application for demolition according to law, and issuing the "House Demolition Qualification Certificate" and "House Demolition Permit";

3 guidance, supervision and inspection of urban housing demolition work;

4. Adjudicate disputes over house demolition according to law.

The Urban Construction Housing Demolition Management Office under the Urban and Rural Construction Committee is responsible for the daily management of urban housing demolition.

Seventh Municipal People's Government shall strengthen the leadership of urban housing demolition work. Planning, planning, real estate, land, urban construction, public utilities, industry and commerce, public security, justice and other units, as well as electricity, finance and other units, shall timely handle the relevant business in urban housing demolition in accordance with the provisions of these regulations.

Chapter II Demolition Management

Article 8 In the comprehensive development zone, if the houses and their appendages need to be demolished due to urban construction, the Municipal People's Government shall organize units with demolition qualifications to carry out the demolition.

Article 9 Construction projects other than those specified in Article 8 of these Regulations shall generally be entrusted with demolition, and the trustee must be a unit that has obtained the qualification certificate for house demolition. The entrusting parties shall sign a written agreement and report it to the municipal house demolition management department for the record.

In line with the conditions of self-demolition, with the approval of the municipal housing demolition management department, self-demolition can be carried out.

City housing demolition management department shall not accept the demolition commission.

Tenth housing units to implement the system of special funds for housing construction. Special funds for housing demolition and construction shall be deposited in the special account for the demolition, which shall be used for housing demolition and construction, and shall be supervised and used by the municipal housing demolition management department. Specific measures and standards shall be formulated by the Municipal People's Government.

Eleventh units or individuals applying for house demolition, must go to the city housing demolition management department for the "Housing Demolition Permit", and pay the demolition management fee. The following documents and materials shall be submitted for handling the house demolition permit:

1. Housing demolition application and demolition plan;

2. Construction drawings, construction drawings and approval documents for construction land;

3. Proof that the special funds for the demolition and resettlement housing construction are stored in place and proof of the construction project funds;

4 approved by the competent department of city planning administration relocation housing site construction plan.

If the House Demolition Permit is not removed within three months from the date of issuance, it will be automatically abolished.

Article 12 Within five days after the issuance of the house demolition permit, the municipal house demolition management department shall announce the name of the construction project, the demolition person, the demolition scope, the resettlement method, the demolition period and other related matters in the form of a house demolition announcement, and notify the relevant departments to suspend the deployment, exchange and transaction, and suspend the issuance of industrial and commercial business licenses.

Thirteenth after the announcement of house demolition, the demolition should investigate the demolition area; Handle the new valuation of the demolished houses and the registration procedures for the loss of property rights; Within the prescribed time limit, the demolition compensation and resettlement plan and the floor plan of the demolished house shall be signed with the demolished person, and the relocation period and other matters that need to be understood by the demolished person shall be announced in the form of house demolition announcement after being examined and approved by the municipal administrative department of house demolition.

Before the announcement of house demolition, the demolisher shall not ask the demolished person to move; If the demolisher asks for relocation, the demolished person has the right to refuse.

Article 14 The demolition compensation and resettlement agreement shall stipulate the form and amount of compensation, the area and location of the resettlement house, the transition mode and duration of relocation, the resettlement fee for increasing the area, the monetary amount and payment period of resettlement, the liability for breach of contract and other matters that the parties think need to be concluded according to different resettlement methods.

The demolition compensation and resettlement agreement shall be reported to the municipal housing demolition administrative department for the record, and the demolition parties may also go to the notary office for notarization.

Article 15 When demolishing a house, the person to be demolished shall, after countersigned by the relevant departments, apply to the municipal administrative department of house demolition for the House Demolition Permit. And by the demolition or housing owners to organize qualified units to dismantle.

Sixteenth demolition shall not arbitrarily change the approved scope and duration of demolition, expand or reduce the resettlement area, raise or lower the compensation standard and monetary resettlement standard.

Within the specified relocation period, the demolisher shall not cut off water, electricity, gas or heat for the demolished person, and shall not demolish the house of the demolished person who has not been relocated.

Seventeenth demolition and relocation of people not on the way of resettlement, compensation form and amount, resettlement housing area and location, relocation transition mode and transition period, resettlement monetary amount and payment period, etc., by the municipal housing demolition management department ruling; The demolition is the administrative department of housing demolition, decided by the Municipal People's government.

If a party refuses to accept the decision, he may bring a suit in a people's court within 15 days from the date of receiving the award. During the litigation, if the demolisher has resettled the demolished person or provided the revolving house, the execution of the demolition shall not be stopped.

Eighteenth in the demolition notice or the provisions of the first paragraph of article seventeenth of this Ordinance ruling within the relocation period, the demolition of people refused to move without justifiable reasons, the Municipal People's government can make a decision to move within a time limit; If it still refuses to relocate within the time limit, the Municipal People's Government may instruct the relevant departments to forcibly relocate, or the municipal housing demolition administrative department may apply to the people's court for compulsory execution.

Nineteenth demolition of housing users to solve the transition housing, unable to solve their own, by the unit to help solve, where the unit is indeed difficult to solve, by the demolition of people responsible for providing transitional housing.

Twentieth workers because of the demolition delay, the unit should allow them to leave with the demolition certificate.

Twenty-first laws and regulations on the demolition of military facilities, churches, temples, cultural relics and other provisions, in accordance with the relevant laws and regulations.

Twenty-second demolition of controversial houses, the dispute is not resolved within the prescribed time limit announced by the municipal housing demolition management department, the demolition of compensation and resettlement programs, reported to the municipal housing demolition management department for approval before the implementation of the demolition. Before the demolition, the municipal housing demolition management department shall organize the demolition to investigate and record the demolished houses, and go to the notary office for evidence preservation.

Twenty-third city housing demolition administrative departments should establish and improve the demolition file system, strengthen the management of demolition files.

Chapter III Compensation for Demolition

Article 24 When demolishing a house with a legal license and its attachments, the demolisher shall compensate all people (including the custodians and managers of state-owned houses and their attachments authorized by the state) in accordance with the provisions of these Regulations, except that no compensation is explicitly granted when issuing the license.

Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated.

Twenty-fifth demolition compensation can be in the form of property rights exchange, pricing compensation or a combination of property rights exchange and pricing compensation.

Because of municipal, sanitation facilities, landscaping construction need to demolish houses, the form of compensation shall be determined by the Municipal People's government.

Property rights exchange area is calculated according to the construction area of the demolished house.

The amount of pricing compensation is merged into a new settlement according to the replacement price of the construction area of the demolished house.

Twenty-sixth demolition for public welfare housing and its attachments, the demolition should be based on the original nature and scale of reconstruction, or compensation at the replacement price, and by the Municipal People's government according to the overall arrangement of city planning. Demolition of non-public housing accessories, no property rights exchange, the demolition of appropriate compensation.

Twenty-seventh in the form of property rights exchange to repay the non residential housing, to repay the construction area and the original construction area of the same part, according to the replacement price settlement structure difference; Repayment of the part of the construction area exceeding the original construction area shall be settled at the price of commercial housing; The part that repays the construction area less than the original construction area shall be merged into a new settlement at the replacement price.

Twenty-eighth in the form of property rights exchange to repay state-owned residential housing, the repayment of construction area is equal to the original construction area, the difference will not be settled; When the repayment construction area is greater than or less than the original construction area, the excess or deficiency shall be settled at the cost price of new house construction.

Twenty-ninth residential houses (except state-owned residential houses) repaid in the form of property rights exchange, if the construction area repaid is equal to the original construction area, will be combined into a new settlement according to the replacement price; If the repayment construction area is greater than or less than the original construction area, the excess or deficiency shall be settled at the cost price of new house construction.

Thirtieth demolition of private residential houses, the implementation of property rights exchange, the original lease relationship continues to maintain, because of the demolition caused by changes in the terms of the original lease contract, it should be modified accordingly.

Thirty-first demolition of mortgaged houses to implement property rights exchange, the mortgagee and the mortgagor signed a mortgage agreement. If the mortgagee and mortgagor fail to reach a mortgage agreement within the demolition period announced by the municipal housing demolition management department, the demolition shall be carried out in accordance with the provisions of Article 20 of these regulations.

If the mortgaged house is demolished and compensated at a fixed price, the mortgagee and mortgagor shall re-set the mortgage, or the mortgagor shall pay off the debt before giving compensation.

Thirty-second demolition of non residential houses caused by the demolition of production, business, by the demolition of people to pay subsidies for production and business; Causing economic losses to the demolition, the demolition should give appropriate subsidies to the demolition.

The standards and subsidy measures for subsidies for suspension of production and business and economic losses shall be formulated by the Municipal People's Government.

Thirty-third demolition of houses involving gas, cable TV, telephone and other facilities, the demolition is responsible for the restoration, the cost borne by the demolition.

Thirty-fourth residential housing demolition, demolition of a one-time payment to the demolition of housing users moving subsidies; The use of housing resettlement, but also in accordance with the use of the demolition of housing area, in the transition period to pay temporary resettlement subsidies.

Demolition of residential and business premises, in addition to moving subsidies, temporary resettlement subsidies, and pay a one-time shutdown subsidies.

Thirty-fifth of the illegal construction or temporary buildings over the approved period of production, operation and residence, no subsidies, and ordered to dismantle. If it is not removed within the time limit, the municipal housing demolition management department shall organize relevant departments to remove it so as to bring materials into the site.

Chapter IV Demolition and Resettlement

Thirty-sixth people should be taken to the demolition of housing users, in accordance with the provisions of this Ordinance to give resettlement. The user of the demolished residential house refers to the citizen or the owner of the private house who proves that the residential house within the scope of demolition has a legal lease relationship. The users of non-residential houses that have been demolished refer to the organs, organizations, enterprises and institutions that have business licenses or hold official duties within the scope of demolition.

Thirty-seventh demolition and resettlement take housing resettlement, monetary resettlement or a combination of housing resettlement and monetary resettlement. The choice of resettlement method shall be determined through consultation between the demolisher and the user of the demolished house (private owner). Do not agree, the demolition can provide resettlement housing, housing should be placed. Unable to provide resettlement housing, the implementation of monetary resettlement. The specific resettlement measures shall be determined by the Municipal Urban Construction Housing Demolition Management Office. For the demolition of houses due to municipal, sanitation facilities and landscaping construction, the resettlement measures shall be determined by the Municipal People's Government.

Thirty-eighth users of demolished residential houses can buy resettlement houses according to the resettlement sites at that time when they move back.

Thirty-ninth of the demolition of housing use rights of the resettlement site, should be based on the requirements of urban planning for the construction area and the nature of construction projects, in accordance with the principle of facilitating the implementation of urban planning and the reconstruction of old areas. For users of demolished houses who move from good lots to poor lots, the resettlement area should be increased. For the increased part, the resettlement area shall be increased according to the market price difference of the proposed commercial housing for demolition and resettlement, and the specific measures shall be formulated by the Municipal People's Government.

Fortieth demolition of residential houses, according to the original use area of resettlement. If the total area of the kitchen, bathroom (toilet) and hall of the original house is less than 10.8 square meter, it will be increased to 10.8 square meter, and the additional area will not be charged. Demolition of residential housing use area of not less than 25 square meters.

Forty-first demolition and resettlement belongs to the natural increase of area, converted into construction area, and paid according to the construction cost; Need to increase the area, you can apply to increase the use area 10 square meters of resettlement, converted into construction area, according to the construction cost to pay fees. The ownership of the increased area belongs to the payer.

Forty-second demolition of non residential houses in accordance with the original construction area of resettlement. The construction area of the house is subject to the construction area indicated in the property ownership certificate.

Article 43 The resettlement currency due to the users of the demolished houses with monetary resettlement is equal to the usable area calculated in accordance with the provisions of the first paragraph of Article 40 of these Regulations, which is converted into the construction area multiplied by the monetary resettlement standard of the location of the demolished houses, minus the demolition compensation fee of the owner of the demolished houses.

Forty-fourth monetary resettlement standard is the market price of the proposed commercial housing in the area where the demolished house is located. The market price of the proposed commercial housing in the area where the house is to be demolished shall be determined by the municipal administrative department of house demolition in conjunction with the price department to organize relevant departments and assessment agencies, and the required expenses shall be borne by the demolition.

Forty-fifth houses are residential, and the construction area of the house is subject to the construction area indicated in the property certificate. If the property right certificate cannot be provided, it shall be calculated by multiplying the used area of the demolished house by 1.42. The original use area shall be subject to the use area indicated on the house use certificate. If the use area is not indicated on the house use certificate, the actual measurement shall prevail.

Forty-sixth demolition of residential housing users use housing placement, resettlement sites in accordance with the following provisions:

1. If the new project is residential or mainly residential, it will be resettled locally;

New projects are mainly non-residential, and the users of the demolished residential houses should be resettled first. If the resettlement area of new residential buildings is insufficient, they can be easily resettled.

3. New projects are non-residential and relocation.

Forty-seventh demolition resettlement of new housing users must comply with the architectural design norms and quality standards promulgated by the state. In the case of urban planning permission, the construction area of newly-built south-facing houses to be demolished shall not be less than the total construction area of the original south-facing houses to be demolished.

Forty-eighth resettlement houses adhere to the principle of fairness and justice, and implement open selection. Specific measures shall be formulated by the Municipal People's Government.

Forty-ninth in the scope of demolition, self-employed households meet the following conditions, according to the original construction area of the demolition of business premises:

1. The holder of the legal business license is the owner, lessee or family members living with him;

2. The business premises have a separate housing lease relationship, and the rent is paid according to the non-residential housing rent standard;

3. Having a special business room with a business area of not less than 10 square meter and not living in it.

Article 50 Before the promulgation of "Regulations on Urban Construction Management in Jilin Province" (65438+2 1,1February 1986), people who lived in self-built independent residential houses without housing licenses, and whose users have formal household registration, food relations and no other residences in the demolition area, can be relocated with compensation according to the minimum use area of the houses, and the fees will be charged according to the development cost price of resettlement houses. If the user can't afford the fee, he can transfer the old house for resettlement.

Fifty-first users who use illegal buildings, temporary buildings or illegally rent public non-residential houses shall not be resettled.

Chapter V Legal Liability

Fifty-second unauthorized demolition without obtaining the "Housing Demolition Permit", the municipal administrative department of housing demolition shall order it to stop the demolition, and impose a fine of 2 times the construction area cost of the demolished house on the illegal demolition unit or individual. If a crime is constituted, criminal responsibility shall be investigated according to law. Those who meet the demolition conditions will be fined and ordered to reissue the house demolition permit. Those who do not meet the demolition conditions will be fined and ordered to make corrections within a time limit.

Fifty-third in violation of the provisions of the thirteenth paragraph of this Ordinance, the municipal housing demolition management department shall order it to stop the demolition, and impose a fine of 2 times the demolition commission fee on the demolition. In violation of the provisions of the second paragraph of article ninth of this Ordinance, the municipal housing demolition management department shall order it to stop the demolition; If economic losses are caused to the demolished person, the demolished person or the client shall be liable for compensation.

Fifty-fourth in violation of the provisions of the first paragraph of Article 13 and the first paragraph of Article 17 of these regulations, the municipal housing demolition management department shall order it to stop the demolition, and if it causes economic losses to the demolition, the demolition shall be liable for compensation.

Fifty-fifth in violation of the provisions of the second paragraph of article thirteenth of this Ordinance, the municipal housing demolition management department shall order it to stop moving; If economic losses are caused to the demolished person, the demolished person or the client shall be liable for compensation.

Fifty-sixth in violation of the provisions of the thirteenth paragraph of this Ordinance, the demolition of the demolition of housing use rights, according to the relocation period of more than one month of daily reduction of temporary resettlement subsidies.

Fifty-seventh in violation of the provisions of the provisions of article fifteenth, the city housing demolition management department shall be ordered to stop the demolition; Causing economic losses to the person being demolished, the person being demolished or the demolition unit entrusted by him shall be liable for compensation.

Fifty-eighth in violation of the provisions of the sixteenth paragraph of this Ordinance, one of the following acts, the municipal housing demolition administrative department shall order it to make corrections within a time limit. Causing economic losses to the person being taken, the person being taken shall be liable for compensation.

1. If the approved demolition scope is changed without authorization, a fine of 2 times the cost of the demolition construction area will be imposed;

2. If the resettlement area is expanded or reduced without authorization, a fine of 2 times of the project cost will be imposed;

3. Alter the demolition period without authorization, raise or lower the compensation standard and monetary resettlement standard, and impose a fine of 30,000 yuan to 50,000 yuan.

In violation of the provisions of the second paragraph of article sixteenth of this Ordinance, the municipal housing demolition management department shall order it to resume within a time limit.

Fifty-ninth in violation of the provisions of the first paragraph of article thirty-second and the second paragraph of article thirty-fourth, the demolition should be in accordance with the following provisions of the demolition of additional subsidies for suspension of production and temporary resettlement:

1. If the transition period is extended 1 to 3 months, the monthly subsidy will be increased by 50%;

2. If the transition period is extended for more than 3 months, a monthly subsidy of 100% will be paid from the fourth month.

3. If the transition period is extended for more than 6 months (including 6 months), in addition to paying additional subsidies to residents in accordance with the provisions of Item 2 of the preceding paragraph,

The municipal housing demolition management department shall impose a fine of more than 3% and less than 0% of the total cost of the demolished housing project. If the circumstances are serious, the responsibility of the demolition and related personnel shall be investigated according to law.

Sixtieth in violation of the provisions of the first paragraph of article forty-seventh, the municipal housing demolition management department shall, in accordance with the relevant provisions, order the demolition to make corrections within a time limit; If no correction is made within the time limit, it shall be ordered to resettle the users of the demolished residential houses in accordance with the relevant provisions of these regulations. In violation of the provisions of the second paragraph of article forty-seventh, the municipal housing demolition management department shall order the demolition to make corrections within a time limit; If no correction is made within the time limit, the demolished person shall be compensated according to the standard that the south-facing residential building area is less than 800 yuan per square meter.

Sixty-first people who conceal the number of demolition, not in accordance with the provisions of the demolition to pay the relevant expenses, the city housing demolition management department shall order it to make corrections within a time limit; Failing to collect fees from the residents in accordance with the regulations, the municipal housing demolition management department shall order it to be returned within a time limit.

Article 62 Administrative punishment shall be implemented in accordance with the legal procedures stipulated in the Administrative Punishment Law of the People's Republic of China, and a notice of punishment in a unified format shall be issued.

Article 63 If the punished person refuses to accept the decision on administrative punishment, he may apply to the people's government for reconsideration within 15 days from the date of receiving the notice of the decision on punishment. If a party refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days after receiving the notice of reconsideration decision. The parties may also bring a suit directly to the people's court within 15 days from the date of receiving the notification of the punishment decision. If the party concerned fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.

Sixty-fourth insult, assault housing demolition staff or hinder the housing demolition staff to perform official duties, the public security department shall be punished in accordance with the "Regulations of the people's Republic of China on administrative penalties for public security"; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law.

Article 65 Any staff member of the house demolition department who neglects his duty, abuses his power, engages in malpractices for selfish ends or practices fraud shall be given administrative sanctions by his unit or the competent department at a higher level. If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Chapter VI Supplementary Provisions

Article 66 The standards for housing replacement price, construction cost, construction cost, development cost, moving subsidy, temporary resettlement subsidy, one-time suspension of production and business, and demolition entrustment fee stipulated in these Regulations shall be formulated by the Municipal People's Government.

Article 67 The Standing Committee of Changchun Municipal People's Congress shall be responsible for the interpretation of these Regulations.

Article 68 These Regulations shall come into force as of the date of promulgation. 1The Measures for the Administration of Urban Housing Demolition in Changchun promulgated in June 1996 shall be abolished at the same time.

Announcement of the Standing Committee of Changchun Municipal People's Congress (No.2)

The "Regulations on the Management of Urban Housing Demolition in Changchun City" was considered and adopted by the third meeting of the Standing Committee of the 11th People's Congress of Changchun City on April 24th, 1998, and approved by the third meeting of the Standing Committee of the Ninth People's Congress of Jilin Province on May 22nd, 1998, and is hereby promulgated for implementation.

65438+June 0998 1