Because I don't know your location, I have to briefly introduce the relevant policies in Beijing.
& lt& lt Measures for the Administration of Collective Housing Demolition in Beijing >> Provisions on Compensation for Demolition.
Thirteenth demolition of houses on the homestead, monetary compensation or housing placement can be implemented, and areas where conditions permit can also examine and approve the homestead separately.
Fourteenth demolition of houses on the homestead monetary compensation, the demolition should pay compensation to the demolition. Compensation is determined according to the replacement price of the demolished house and the location compensation price of the homestead. The evaluation rules for the replacement of houses with new prices and the calculation method for the compensation price of homestead location shall be formulated and published by the Municipal Bureau of Land and Housing Management.
In accordance with the provisions of the preceding paragraph, monetary compensation shall be given to the people who have been demolished, and housing placement shall not be carried out or the homestead shall be approved separately.
Article 15 Where the house on the house site is demolished and placed on state-owned land, the demolisher and the demolished shall determine the compensation for demolition in accordance with the provisions of the first paragraph of Article 14 of these Measures, and settle the difference with the market evaluation price of the house to be placed; However, in accordance with the provisions of the Municipal People's Government, except those who have affordable housing.
Rural collective economic organizations or villagers' committees, as residents, carry out demolition and resettlement for residents with houses within the scope of collective construction land. After discussion and approval by the villagers' meeting or the villagers' representative meeting, resettlement can be carried out according to the construction area of the house to be demolished or combined with the family population of the residents to be demolished.
Other residents who entrust rural collective economic organizations or villagers' committees with resettlement may refer to the provisions of the second paragraph of this article.
Sixteenth rural collective economic organizations or villagers' committees to build resettlement houses on collective land shall conform to the urban planning, the overall land use planning and the annual plan, and obtain land use and planning permission according to law.
Seventeenth rural collective economic organizations or villagers' committees, as residents, can demolish houses on the homestead. Conditional, can be in accordance with the provisions of land management laws, regulations and rules, separately approved by the demolition of houses built on the homestead, and in accordance with the replacement price of the demolition of houses to be compensated.
Other residents who entrust rural collective economic organizations or villagers' committees with resettlement may refer to the provisions of the preceding paragraph.
Eighteenth demolition compensation to determine the homestead area should be approved according to law, and does not exceed the control standards. Homestead without legal approval shall not be recognized.
The part of the homestead approved according to law that exceeds the control standard shall not be compensated; However, if the homestead legally approved before 1982 exceeds the control standard, appropriate compensation may be given in accordance with the provisions of the district and county people's governments.
The control standard of the homestead area of each household shall be implemented in accordance with the standards determined by the district and county people's governments according to Article 6 of the Provisions of the Beijing Municipal People's Government on Strengthening the Management of Rural Villagers' Housing Land.
Nineteenth demolition compensation in the homestead to determine the housing construction area, with the housing ownership certificate marked area shall prevail; Without obtaining the ownership certificate of the house, but with the construction documents approved by the planning administrative department, it shall be determined according to the approved construction area.
Before the implementation of these measures, the houses that have been built on the homestead have not obtained the house ownership certificate and the approval documents of the planning administrative department, but if they are really occupied by residents for a long time, they shall be given appropriate compensation. Belonging to the land acquisition and demolition of houses, the compensation standard shall be determined by the township (ethnic township) and the town people's government according to the local actual situation, and shall be implemented after being reported to the district or county people's government for approval; Belonging to house demolition, the compensation standard shall be determined by the rural collective economic organizations or villagers' committees, and shall be implemented after being reported to the township (ethnic township) and the town people's government for approval.
After the implementation of these measures, the newly built, rebuilt and expanded houses on the homestead will not be recognized when they are demolished without obtaining the certificate of ownership of the houses or the approval documents of the planning administrative department.
Twentieth rural villagers meet the conditions for the examination and approval of homestead, but they have not actually obtained homestead, and it is indeed difficult to resettle according to the implementation plan of demolition. The person to be demolished shall give appropriate subsidies in accordance with the provisions of the district and county people's governments. However, unless the demolition implementation plan determines to compensate and resettle the homestead by means of separate examination and approval.
Twenty-first compensation for the demolition of houses outside the homestead shall be implemented with reference to the relevant provisions of land acquisition and demolition.
Twenty-second of the use of their own houses in the homestead to engage in production and business activities and hold a business license, in addition to compensation and resettlement in accordance with the provisions of these measures, the demolition should also be appropriate compensation for economic losses caused by the suspension of production and business. Among them, the compensation standard for economic losses of land acquisition and demolition shall be stipulated by the district and county people's governments; The compensation standard for economic losses of houses occupied by demolition shall be stipulated by the people's governments of townships (ethnic townships) and towns, and reported to the people's governments of districts and counties for the record.
Twenty-third demolition should be taken to pay relocation subsidies. Relocation subsidies for land acquisition and demolition shall be stipulated by the district and county people's governments; The relocation subsidy for the demolition of houses occupied by residents shall be stipulated by the people's governments of townships (ethnic townships) and towns and reported to the people's governments of districts and counties for the record.
Twenty-fourth demolition of illegal buildings and temporary buildings exceeding the approved period shall not be compensated; The demolition of temporary buildings that have not exceeded the approved period shall be appropriately compensated according to the replacement price and the remaining period.
& lt& lt Provisions of Beijing Municipal People's Government on Strengthening the Management of Rural Villagers' Housing Land >>
Article 1 In order to strictly control the rural villagers' land for building houses and stop the indiscriminate occupation and abuse of cultivated land for building houses, these Provisions are formulated in accordance with the Land Administration Law of the People's Republic of China and other relevant laws and regulations, combined with the actual situation of this Municipality.
Second rural villagers in this Municipality (hereinafter referred to as villagers) to build personal residential land shall be managed in accordance with these regulations.
Article 3 When building houses, villagers must implement the policy of cherishing and rationally using land, conscientiously implement the basic national policy of protecting cultivated land, and prohibit the indiscriminate occupation and abuse of cultivated land.
Fourth new residential villagers should be arranged in the original homestead; If it is impossible to arrange the original homestead, it should make full use of the village Uchikoga (including the homestead adjusted according to the rural construction plan) or other non-cultivated land.
There is no academic school in the village, and there is no non-cultivated land. Building a house really needs to occupy cultivated land. Only by developing wasteland with twice the area of newly built homestead in the village can cultivated land be occupied.
In line with the planning of new rural residential construction, the general should be rebuilt in the original site. If it is really necessary to build a new site, the people's governments of townships and towns shall apply and attach the reclamation plan of the old site, which shall be approved by the district and county people's governments and reported to the Municipal People's government for approval.
Fifth villagers who occupy cultivated land to build houses must pay farmland occupation tax according to law. Those who occupy vegetable fields shall pay the new vegetable field development and construction fund in accordance with the Interim Measures for the Administration of Beijing New Vegetable Field Development and Construction Fund.
Article 6 The standard of housing land for each villager shall be determined by the people's governments of all districts and counties according to the situation of their respective administrative areas, but the maximum land used in suburbs and rural areas with large population and small population shall not exceed 0.25 mu; Other areas shall not exceed 0.3 mu at most.
1982 If the homestead designated before exceeds the land use standard specified in the preceding paragraph of this article, it can be determined leniently according to the standard that the maximum household does not exceed 0.4 mu, and the excess will be gradually adjusted according to the rural construction plan.
The Municipal Bureau of Housing and Land Management shall, according to the annual land use plan, issue the control index of villagers' residential land to the suburban county people's government.
Seventh villagers to apply for housing land, must meet the following conditions:
(a) children have reached the legal age of marriage, no room for separation;
(two) the existing homestead (including the old homestead designated before 1982) can not be expanded according to the homestead standards stipulated by the districts and counties.
After the sale or rental of housing, the application for homestead will not be accepted.
Eighth villagers building houses, occupying the original homestead, village homestead or other non-arable land, reported to the Township People's government for approval, and reported to the district and county land management authorities for the record; Occupation of cultivated land, with the consent of the township people's government, the district and county land management authorities for examination and approval, and reported to the district and county people's governments for approval.
Article 9 If the villagers' families move out of the village or have other houses after agricultural registered permanent residence turns into non-agricultural registered permanent residence, the original homestead will be recovered by the village collective economic organization, and the houses and other attachments on the homestead will be demolished by the original house owner; Can also be approved by the Township People's government, in accordance with the provisions of the price to eligible villagers to apply for housing land.
Article 10 Villages and towns within a planned urban area may build villagers' houses according to the requirements of urban planning and with the approval of urban planning administrative organs, but may not develop and operate land and houses.
Eleventh illegal occupation of houses, or by improper means to obtain approval, shall be ordered to return the illegally occupied land, demolition or confiscation of illegally occupied new houses.
Cadres who illegally occupy land for building houses by taking advantage of their powers without approval or fraudulently obtaining approval shall be given administrative sanctions by their units or higher authorities, except in accordance with the provisions of the preceding paragraph.
Twelfth land management organs and their staff must conscientiously perform their duties and enforce the law seriously.
If the examination and approval authority is ultra vires, the approval document is invalid. In addition to the demolition of houses built by builders and the return of occupied land, the person directly responsible or the person in charge of the examination and approval authority shall be investigated for administrative responsibility. If losses are caused to villagers due to ultra vires examination and approval, compensation shall be made. For favoritism, fraud, bribery, abuse of power, given administrative sanctions by the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirteenth specific issues in the implementation of these Provisions shall be interpreted by the Municipal Housing and Land Administration Bureau.
Article 14 These Provisions shall come into force on June 1990 65438+ 10/day.
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