Mi Zheng Fa [2010] No. 23
Notice of the Miyun County People's Government on
Issuing the Compensation and Resettlement Measures for House Demolition in Miyun County
All township people's governments, regional and sub-district offices, county government committees, offices and bureaus, and county-affiliated agencies:
The "Miyun County House Demolition Compensation and Resettlement Measures" has been held at the 10th county government executive meeting It was reviewed and adopted by the 89th Standing Committee of the Eleventh County Party Committee and is now issued. Please implement it conscientiously.
June 8, 2010
Miyun County House Demolition Compensation and Resettlement Measures
Chapter 1 General Provisions
First In order to strengthen the management of house demolition in this county, ensure the smooth progress of urban construction, standardize the demolition and resettlement compensation behavior, and safeguard the legitimate rights and interests of demolishers and demolished persons, in accordance with the "Urban House Demolition Management Regulations" of the State Council and the "Beijing Urban House Demolition Management Measures" , "Beijing Municipal Collective Land House Demolition Management Measures" and other relevant regulations, and based on the actual situation of the county, these measures are formulated.
Article 2: Where house demolition is carried out within the administrative area of ??the county and it is necessary to compensate and resettle the demolished persons, these measures shall apply.
Article 3 House demolition should adhere to the principle of preparing targeted resettlement houses first and then implementing demolition.
Chapter 2 Compensation and Resettlement for House Demolition on State-Owned Land
Article 4 The demolition of residential houses on state-owned land shall be carried out in accordance with the method of “priced compensation and repurchase of targeted resettlement houses”.
Article 5 When demolishing residential bungalows, the legal land area and legal building area of ??the homestead shall be based on the area indicated on the house ownership certificate or official approval.
Article 6 For house demolition of residential bungalows, compensation will be provided according to the following standards:
(1) For legal homesteads within 0.4 acres (inclusive of 0.4 acres), compensation shall be 4,200 per square meter. Land compensation will be given at the standard of RMB 0.4 to 0.6 acres (0.6 acres inclusive) at the standard of 2,100 yuan per square meter; for the part exceeding 0.6 acres, compensation will be at the standard of 1,000 yuan per square meter.
(2) Based on the evaluation results of the entrusted real estate evaluation agency, legally built houses will be compensated for their replacement at new prices.
If temporary buildings that have not exceeded the approved period are demolished, compensation will be given based on the replacement price; if illegal buildings and temporary buildings that have exceeded the approved period are demolished, no compensation will be given.
(3) The amount of compensation for attachments shall be assessed and determined by an entrusted real estate appraisal agency.
Article 7 The repurchase area of ??directional resettlement houses shall be determined according to the following standards:
(1) For demolition of residential bungalows, the area of ??directional resettlement houses repurchased at the repurchase price shall be determined according to The property owner’s family size shall be multiplied by 45 square meters for verification.
(2) According to the resettlement standard, if the area of ??the targeted resettlement house purchased back at the repurchase price is less than 70 square meters, it will be resettled as 70 square meters.
(3) The maximum area of ??targeted resettlement houses repurchased at the repurchase price shall not exceed the land area specified in the house ownership certificate or official approval. If the homestead land designated before 1982 exceeds 0.4 acres, the area of ??targeted resettlement houses repurchased at the repurchase price shall not exceed 0.4 acres at most.
(4) The area of ??directional resettlement houses that are voluntarily chosen by the demolished persons to be repurchased at the repurchase price, and the remaining part that does not reach the maximum standard of the resettlement area can be used by the same demolished persons within the scope of the project. Transfer between immediate family members.
Article 8: The average repurchase price of targeted resettlement houses for house demolition in the new town planning area of ??Miyun County is 3,700 yuan per square meter. If the actual area of ??the resettled house exceeds the prescribed repurchase price area standard by less than 20 square meters, it will be settled at a preferential price of 4,500 yuan per square meter.
Article 9 If a residential building is demolished, compensation will be given at a rate of 5,100 yuan per square meter based on the building area indicated on the building ownership certificate. Ancillary facilities will be evaluated and valued by an entrusted real estate appraisal agency to provide compensation.
The repurchase price area for placement in a multi-story building is the building area indicated on the house ownership certificate multiplied by 1.25; the repurchase price area for placement into a high-rise building is the building area indicated on the house ownership certificate multiplied by 1.3.
The repurchase price, preferential area and preferential price shall be implemented in accordance with the relevant provisions of Article 8 of these Measures.
Article 10: For the demolition of managed houses, the demolisher and the trustee shall be subject to agreement and confirmation, and compensation shall be provided according to the real estate market appraisal value of the demolished house. Before demolition, the demolisher and the administrator should sign a demolition agreement. The agreement should be notarized by a notary agency and evidence should be preserved.
Article 11 The demolished directly managed and self-managed public houses (including bungalows and buildings) will be sold to the lessees in accordance with the housing reform policy. After the house lessee purchases the current public house, he will be demolished and will be compensated and resettled by the demolisher in accordance with the standards of privately owned houses.
Chapter 3 Compensation and resettlement for house demolition on collective land
Article 12 The demolition of residential houses on collective land shall be carried out in accordance with the method of "priced compensation, repurchase of targeted resettlement houses" ; Projects that meet the relevant regulations and have conditions for additional homestead approval can be approved for additional homestead land.
Article 13 If a residential bungalow is to be demolished, the legal land area and legal building area of ??the homestead shall be based on the area indicated on the house ownership certificate or official approval.
Article 14 For house demolition of residential bungalows, compensation will be provided according to the following standards:
(1) If the legal homestead land is within 0.4 acres (inclusive of 0.4 acres), compensation will be provided per square meter. Land compensation will be given at the standard of 2,000 yuan; the part between 0.4 mu and 0.6 mu (inclusive) will be compensated at the standard of 1,000 yuan per square meter; the part exceeding 0.6 mu will be compensated at the standard of 500 yuan per square meter.
(2) Based on the evaluation results of the entrusted real estate evaluation agency, legally built houses will be compensated for their replacement at new prices.
If temporary buildings that have not exceeded the approved period are demolished, compensation will be given based on the replacement price; if illegal buildings and temporary buildings that have exceeded the approved period are demolished, no compensation will be given.
(3) Compensation for attachments shall be determined based on the evaluation results of the entrusted real estate evaluation agency.
Article 15 The repurchase area of ??directional resettlement houses shall be determined according to the following standards:
(1) The repurchase price area of ??directional resettlement houses shall be based on the number of persons in the property owner’s family multiplied by 45 Approved in square meters.
(2) According to the resettlement standard, if the area of ??the targeted resettlement house purchased back at the repurchase price is less than 70 square meters, it will be resettled as 70 square meters.
(3) The maximum area of ??targeted resettlement houses repurchased at the repurchase price shall not exceed the land area specified in the house ownership certificate or official approval. If the homestead land designated before 1982 exceeds 0.4 acres, the area of ??targeted resettlement houses repurchased at the repurchase price shall not exceed 0.4 acres at most.
(4) The area of ??the targeted resettlement houses that the demolished persons voluntarily choose to repurchase at the repurchase price, and the remaining part that does not reach the maximum standard of the resettlement area can be used by the same demolished persons within the scope of the project Transfer between immediate family members.
Article 16: The average repurchase price of targeted resettlement houses for house demolition in the new town planning area of ??Miyun County is 1,600 yuan per square meter.
If the actual resettlement house area exceeds the prescribed repurchase price area standard by less than 20 square meters, it will be settled at a preferential price of 1,900 yuan per square meter.
Article 17 If villagers meet the conditions for homestead approval but have not actually obtained the homestead, they can repurchase a 70-square-meter building at the repurchase price.
If the existing legal homestead land area exceeds 0.4 acres, and *** among the residents who meet the conditions for separate homestead approval, the land will be divided into categories after review and confirmation by the township government, sub-district office and village committee. account processing. After household division, compensation and resettlement will be carried out on a household-by-household basis in accordance with the relevant provisions of these Measures.
Article 18 If houses on collective land are relocated due to land acquisition or demolition and are resettled into residential buildings on state-owned land, the compensation and repurchase standards stipulated for state-owned land shall be followed.
Article 19: If residential houses are demolished by separately examining and approving the homestead method, the demolition compensation includes the replacement of the house to its new price, the appraised value of the attachments, and the relevant subsidies and incentives stipulated in Chapter 5 of these Measures. .
Chapter 4 Compensation and Resettlement for Demolition of Non-residential Houses
Article 20 If the demolition of non-residential houses can be returned on-site, the demolisher shall pay the demolished person according to the original building area. The property will be returned on-site without settling the difference; if it cannot be returned on-site, a one-time compensation shall be given to the demolished persons according to the assessed price made by the real estate appraisal agency.
Article 21 The demolisher shall, based on the valid certificates provided by the demolished person or lessee (including the rental agreement, the purchase and installation certificate of attachments and equipment, etc.), and in accordance with the provisions of the annex of these Measures, give the demolished person Comprehensive subsidy fees for the demolisher or lessee for suspension of production and business, equipment relocation and installation fees. For equipment that cannot be restored to use, the demolished persons or house lessees will be compensated based on the replacement value of the equipment.
Article 22 If non-residential houses are rented out, the lessee’s losses due to suspension of production and business shall be compensated by the person being demolished in accordance with the agreement between the two parties; if there is no agreement between the two parties, the person being demolished shall refer to this provision. Article 21 of the Measures provides for appropriate compensation to the lessee.
Article 23 If the demolished persons use residential houses to engage in production and business activities, they will be demolished and resettled as residential houses. If the following conditions are met, the demolisher shall provide compensation according to Article 21 of these Measures:
(1) The house to be demolished has a house ownership certificate or official approval;
(2) ) has a business license, and the business location indicated on the business license is the demolished house;
(3) The demolished house was actually used for production and operation before demolition;
(4) It has been Complete tax registration and issue tax receipts.
Chapter 5 Relevant Subsidy Fees and Incentive Standards
Article 24 If a house is built within the scope of legal homestead land, incentive compensation will be given according to the following standards:
< p> (1) An incentive compensation of 600 yuan per square meter will be given for the unbuilt portion of 75% of the legal homestead area.(2) For the unbuilt portion of 75% to 90% of the legal homestead area, an incentive compensation of 400 yuan per square meter will be given.
Article 25: Decoration compensation will be given at a standard of 300 yuan to 500 yuan per square meter based on the legal building area.
Article 26 If the demolished people voluntarily give up the repurchase of targeted resettlement houses, the demolisher will determine the demolition compensation in accordance with the provisions of these measures, pay it to the demolished people in one lump sum, and give incentives for abandoning the purchase.
(1) Compensation for bungalow demolition includes land compensation as stipulated in Article 6 or 14 of these Measures, replacement of houses at new prices, and various related subsidies and incentives stipulated in Chapter 5. ;
(2) Compensation for building demolition includes the compensation stipulated in Paragraph 1 of Article 9 of these Measures, and various related subsidies and incentives stipulated in Chapter 5;
( 3) Abandonment reward fee = Repurchase price area × Abandonment award standard.
Abandonment Award Standard: If you abandon the purchase of a house on state-owned land, the abandonment award standard is 2,000 yuan per square meter; if you abandon the purchase of a house on collective land, the abandonment award standard is 1,000 yuan per square meter.
Article 27 If the actual repurchase-oriented resettlement housing area is less than the stipulated repurchase price area, and the remaining repurchase price area has not been transferred, the area shall be treated in accordance with Article 26, paragraph 3, of these Measures. Provide rewards for abandoned purchases based on specified standards.
Article 28 The demolisher shall pay relocation subsidies and related incentive fees to the demolished persons or house lessees. The specific standards are as follows:
(1) Moving subsidy. The building area stated on the building ownership certificate or official approval shall prevail. Residential bungalows are subsidized at 20 yuan per square meter, residential buildings are subsidized at 25 yuan per square meter, non-residential bungalows are subsidized at 30 yuan per square meter, and non-residential buildings are subsidized at 35 yuan per square meter. No subsidy will be given to those relocated by the demolisher.
(2) Turnover subsidy. Calculated from the date of signing the resettlement compensation agreement, it will be paid once every quarter until 3 months after receiving the relocation notice. The turnover subsidy is based on the actual resident population, and a subsidy of 300 yuan per person per month is provided; if the repurchase of targeted resettlement housing is given up, a one-time 6-month turnover subsidy will be provided.
The relocation period for bungalows and multi-storey residential buildings is 24 months. If it exceeds 24 months, the turnover subsidy rate will be increased by 50% on the original basis. If it exceeds 36 months, the turnover subsidy rate will be calculated on a per-month basis. A subsidy of 600 yuan per person per month will be provided; the relocation period for high-rise residential buildings is 36 months. If it exceeds 36 months, an increase of 50% will be made on the original basis. If it exceeds 48 months, the turnover subsidy will be 600 yuan per person per month. Standard subsidies are provided.
(3) Early moving incentive fee. If the demolished persons sign a resettlement compensation agreement to vacate and deliver their houses within the relocation period stipulated in the announcement, a reward of 50,000 yuan will be given. No reward will be given if the specified period is exceeded.
(4) Various machine relocation and installation fees will be compensated according to the following standards. If the market price changes, the compensation standard will be adjusted accordingly.
1. Telephone relocation fee is 470 yuan;
2. Air conditioning relocation fee is 600 yuan;
3. Cable TV relocation fee is 200 yuan; < /p>
4. Solar energy relocation fee is 600 yuan.
Chapter 6 Supplementary Provisions
Article 29 For house demolition outside the new urban planning area of ??Miyun County, the buy-back price and preferential price standards shall be reviewed and reported by the County Housing and Urban-Rural Development Committee based on the actual project conditions. It will be implemented after approval by the county demolition leading group.
Article 30: Compensation for the relocation of cemeteries within the scope of demolition shall be formulated by the local township government in accordance with the relevant regulations of the civil affairs department.
Article 31 The county Housing and Urban-Rural Development Committee is responsible for explaining problems in the implementation of these measures.
Article 32 These Measures shall come into effect on the date of promulgation. If a demolition announcement has been issued before implementation, this measure does not apply.
Attachment: Comprehensive subsidy subsidy standards for non-residential house demolition and business suspension in Miyun County
Subject heading: Measures for urban and rural construction house demolition △ Notice
Copy to: County Party Committee Office, National People's Congress Office, CPPCC Office, Discipline Inspection Commission Office, Court, Procuratorate.
Issued by the Miyun County People’s Government Office on June 8, 2010
Attachment:
Miyun County non-residential house demolition
Suspension of production and business Comprehensive subsidy subsidy standards
According to the "Beijing Urban House Demolition Management Measures", "Beijing Management Measures for House Demolition on Collective Land" and "Beijing Urban House Demolition Subsidy Regulations", combined with the actual situation of the county , the subsidy standard for comprehensive subsidy for production and business suspension for demolition of non-residential houses is specially formulated. The specific provisions are as follows:
1. The calculation formula for one-time comprehensive subsidy for production and business suspension for demolition of non-residential houses is: one-time comprehensive subsidy for production and business suspension =Basic subsidy fee (Schedule 1)×Adjustment coefficient for the original purpose of the house (Schedule 2)×Building area of ??the house.
2. The division of the location range is determined according to the relevant provisions of the "Miyun County People's Government's Reply on Determining the Base Price for Demolition of Residential Houses in the County" (Mi Zheng Fu Zi [2002] No. 12).
3. The determination of the building area shall be based on the area indicated on the building ownership certificate; if the building ownership certificate has not been obtained but there is a construction document approved by the planning administrative department, the approved building area shall prevail.
Table 1: Standard price list of benchmark subsidy fees
Location
Benchmark subsidy fee (yuan/square meter)
First-class area
900
Class II area
700
Class III area
500
Table 2: Adjustment coefficient table for original use of non-residential housing
Serial number
Nature of use of non-residential housing
Adjustment coefficient
1 < /p>
Commerce, finance, insurance industry
1.0
2
Entertainment industry, catering industry
0.9 < /p>
3
Service industry
0.8
4
Industry, warehousing and others
< p> 0.7Table 3: Classification of non-residential housing usage
Use nature
Description
Commercial
< p> refers to food, beverages, tobacco, daily necessities, textiles, clothing, shoes and hats, daily necessities, hardware, Jiaodian, chemicals, pharmaceuticals, medical equipment, books and newspapers, furniture, petroleum products, automobiles, motorcycles and other Wholesale and retail industries such as spare parts, coal, computers and software, office equipment, jewelry, and production materials.Finance
Insurance industry
Refers to various banks, savings banks, credit unions, trust companies, stock exchanges, securities companies, insurance companies, etc.
Industry
Warehouse industry
Industry refers to various factories, workshops, handicraft workshops, etc., specifically including: food processing manufacturing, beverage manufacturing, tobacco processing Industry, textile industry, clothing and other fiber products manufacturing, leather, fur, down and product manufacturing, wood processing and bamboo, rattan, straw products industry, furniture manufacturing, paper and paper products industry, printing industry, recording media Reproduction, cultural, educational and sporting goods manufacturing, petroleum processing and coking industry, chemical raw materials and chemical products manufacturing, pharmaceutical manufacturing, chemical fiber manufacturing, rubber products industry, plastic products industry, non-metallic mineral products industry, metal smelting and rolling Processing industry, metal products industry, various machinery and equipment manufacturing industries, weapons and ammunition manufacturing industry, instrument manufacturing industry, etc.;
The warehousing industry refers to various national or local warehouses for reserve, transit, foreign trade, supply, etc. , oil depot, material factory, etc.
Entertainment industry
Refers to karaoke dance halls, electronic game arcades, amusement parks (venues), nightclubs, etc.
Catering industry
Refers to restaurants, hotels, restaurants, fast food restaurants, snack bars (shops), cold drink shops, teahouses, etc.
Service industry
Refers to the hairdressing and beauty industry, shower industry, washing and dyeing industry, camera printing industry, nursery, daily necessities repair industry, housework service industry, funeral industry, engraving, printing industry Business cards, pictures, photocopying, transcribing, hotel industry (various hotels, hotels, guest houses, large car shops), rental service industry, tourism industry, etc.
Others
Refers to industries with production or operating income not included above.