Jiamusi City Shantytown Renovation
House demolition compensation and resettlement implementation details
(Trial) "Law to protect the legal rights and interests of shantytown transformation In order to speed up the improvement of the housing and living conditions of residents in shantytowns in the interest of demolition and reconstruction, in accordance with the provisions of relevant laws and policies and in combination with the actual situation of the city, these implementation details are introduced.
Construction projects approved by the municipal government. These detailed rules shall apply to the demolition compensation and resettlement of shanty town reconstruction projects that are included in the shantytown reconstruction plan and approved by the municipal government.
Jiamusi City Housing Demolition Management Office (hereinafter) shall apply. The Municipal Demolition Office (hereinafter referred to as the Municipal Demolition Office) is responsible for supervision and management, organization and implementation.
The development and construction units participating in the shanty town reconstruction project shall issue corresponding documents of qualifications and funds, and the deposit amount shall not be less than 30. % of the project investment (calculated based on the investment scale in the implementation stage of projects above the tourism scale).
In the past 3 years of development and construction, the unit shall compensate the demolished persons and lessees for delays in relocation due to their own reasons. Migrant workers with interests and arrears in project payments are not allowed to participate in shantytown reconstruction projects.
Development and construction units must hold the review opinions of the urban shantytown reconstruction work leading group office before applying for land for real estate development projects. The development and construction unit of the shantytown reconstruction plot must sign with the Jiamusi City Shantytown Renovation Commitment and Shantytown Renovation Leading Group Office to enjoy the preferential policies for shanty town transformation.
For relocated households, the development and construction unit should issue a "Residential Quality Guarantee."
Application for house demolition permit for shanty town demolition. For demolition, the following information should be submitted to the Municipal Demolition Office:
(a) Approved plan for shanty town reconstruction and construction project;
(2) Construction land planning permit and planned administrative demolition scope Map demarcation department;
(3) Approval documents for state-owned land use rights;
(4) Demolition plan and demolition plan;
/gt; (5 ) A notice of deposit of monetary compensation funds for demolished houses issued by a financial institution designated by the Municipal Demolition Office.
The demolition office shall issue a house demolition permit to construction projects that meet the conditions within 3 days from the date of receipt of the application.
The forms of property rights exchange and monetary compensation for house demolition compensation in shantytowns are chosen by the demolishers.
/gt; Article 7 The building area of ??property rights exchange houses is limited and shall not exceed 70 square meters. Set as a resettlement unit: studio construction area 400,000 square meters; one-and-a-half-bedroom construction area 50 square meters, two-bedroom construction area 600,000 square meters, two-bedroom half construction area? 700,000 square meters, the principle of first-time basic unit resettlement relies on the right of resettled households to voluntarily cooperate. Can only rely on standard time.
What are the original housing permit signs for demolished residential houses? 40 square meters, 40 square meters resettlement relies on a building area of ??more than 400,000 square meters (40 square meters), less than 50 square meters, 50 square meters resettlement (50 square meters) 50 square meters or more, the area is less than 60 square meters, in 600,000 square meters have been resettled, more than 60 square meters (60 square meters), and less than 70 square meters (including 70 square meters), 700,000 square meters have been resettled.
Article 9 After being resettled in a standard unit, the demolished persons shall pay an annual resettlement subsidy for the area exceeding the original 850 yuan per square meter (this price fluctuates with the market). There is part of the housing construction area spread according to the salary structure of 150 yuan, and the area needs to be increased for housing construction,? All the demolished properties will be purchased and resettled at the price of commercial housing.
The original housing construction area exceeds 70 square meters, and the 70-square-meter resettlement license marks the standard unit without any fee. The structure is poor. In the remaining areas, the standard unit is nearby, and the area exceeds the standard unit. ? Affordable housing prices are subject to over-area resettlement fees.
The housing provident fund of the demolition workers has been paid and the provident fund can be withdrawn.
The article cannot pay the resettlement fee in full by the district, set up a protected apartment, floor area? Not less than 40 square meters.
Family financial difficulties cannot provide adequate payment areas and rely on standard units. Can they be placed in protected units and are unable to pay the resettlement expenses for excessive areas? Resettlement costs can be temporarily guaranteed at cost rent standards for tenants' apartments, beyond the area where houses are demolished, economic conditions for demolition improve, mortgage payments are made, and the nature of property rights is changed.
Protect the area of ??the original housing that is larger than the market assessment monetary compensation.
Article 11: For the demolition of "Urban Residents' Minimum Living Security Card", the resettlement area will be increased by 5 square meters on the basis of the original building structure of the family free area. Registered and held by: People's Republic of China *** And the "Urban Resident Minimum Living Security Certificate" has been "disabled" by the Chinese Disabled Person Card, and additional resettlement areas are provided for each household on the basis of it? 3 m2.
Enjoying relevant preferential policies, resettlement houses shall not be traded in the real estate market within five years.
Disabled persons in subsistence allowance families shall be determined by the local county (district) level government and the People's Political Bureau of Civil Affairs, inspection and supervision departments, and announced to the public.
If the non-residential house demolishers in Article 12 choose to relocate back, the implementation of the original housing and the market evaluation of the property rights exchanged housing will find differences between each other. It is necessary to expand the area, and part of the expanded area will be purchased for commercial housing. price.
On the 13th, the business of demolishing residential houses, the business license tax before demolition and demolition, in accordance with the regulations, engaged in business, no illegal records, choose to exchange residences, the original housing license will be increased by 20% of the area indicated on On the basis of building area, they are accommodated in accordance with Article 8 and Article 9.
Selecting the exchange space business, Article 12 of the original house residential standard assessment, was relocated.
14 Houses without legal property rights certificates are to be demolished with formal household registration, permanent residents in line with the official household registration, no other accommodation, housing that meets housing standards, the wall thickness is 0.37 meters or more, the location of the heating, the house The conditions of daily life are calculated according to the provisions of Article 8 and Article 9 of the actual building area of ??the house.
Does not meet the above standards and is not legally entitled to free demolition, not all certified housing and shanty town resettlement compensation. The homeowner's demolition deadline is stipulated in the demolition period
The fifteenth level determination movement - the demolition of the back house, the relocation sequence selection does not charge for floor spread. The demolition sequence number is publicized at the demolition site and recorded in the report to the municipal demolition office.
Article 16 The announcement on the demolition and resettlement real estate website shall include: the location of the resettlement house, the number of a group of numbers, area, price and the layout plan of the resettlement plot and the resettlement house. Demolition and resettlement housing single unit demolition counseling plan.
Select the resettlement house for demolition, the resettlement house demolition address, apartment building number, floor, area, property rights, property ownership and purchase price of the project to sign a compensation and resettlement agreement, and accept supervision of urban demolition manage.
17 new construction plans have been approved within the scope of transformation to meet the needs of property rights exchange, demolition of municipal and other public buildings, and new construction plans should be approved. , if the property rights exchange cannot be met, the municipal party committee and municipal government should implement it within the designated area? Property rights exchanges have certain preferential policies for relocation and demolition.
The east of Jianguo Road and the southern section of Zhongshan Avenue are Shengli; the south is Shengli Road and Zhongshan West Road, and Hongqi Road. The location changes from Hongxia Road to the east, Hongqi Road to the west, and Shengli North Road. Youyi Road (southern section) rises up Dabu Road, and then goes north to Songhua River and Kindergarten East Road, the eastern section of Youyi Road.
If the area is relocated outside the area, the standard units stipulated in the "Rules" shall be placed and resettled according to the size that can be relied upon. The excess area shall be paid according to the over-area resettlement fee payment standard in Article 9 of these Rules.
Article 18 If the demolished houses and the resettlement houses are oriented in the same direction, instead of taking the direction towards the spread, the demolished resettlement house will be the main wing of the house, and the excess area fee will be charged at 7% towards the spread.
gt; Article 19 The demolition shall be carried out in accordance with the national building design specifications and basic unit design and construction, and the moving time and house quality shall be guaranteed. The bedroom area is placed in a reasonable design with fluctuating meters of less than two square meters.
Article 20 The property rights of the demolished and relocated resettlement houses shall be registered, and the demolition area of ??the original houses shall be exempted from housing deed tax. The finance (taxation) department and the municipal demolition office and property rights management department are responsible for the exempted parts. Only fee reductions are available.
Article 21 If monetary compensation is selected for demolition, the monetary compensation price shall be evaluated by the qualification evaluation agency of the house demolition assessment.
Article 22 If the demolished houses comply with the provisions of Article 13 of these rules and choose monetary compensation, up to 20% of the compensation valuation residential standards.
BR /gt; 23 rental housing demolition, housing system reform conditions, the first housing system reform, changes in ownership and compensation and resettlement rules.
When leasing private property space, the tenant should first terminate the lease relationship and time for relocation, demolition compensation and resettlement. If both parties to the lease are unable to terminate the lease relationship on their own and implement the exchange of property rights, the lease relationship will continue.
Article 24 The time limit for demolition and relocation shall be subject to the time when the demolition announcement is issued. To relocate within the specified time limit, the demolition house demolition compensation and resettlement agreement should be signed. The agreement proposes the compensation method and compensation amount, the resettlement house area and resettlement location, the relocation period, the transition period for the relocation transition and matters related to liability violations.
Enjoy the one-time relocation cost of demolition and relocation, demolition of the original residential building area marked on the housing license plate? The standard total fat of 10 yuan per square meter, the original housing demolition certificate of non-residential houses shows the standard 30 yuan per square meter of construction area? A gross fat, engaged in residential business, is in compliance with the gross non-residential standards of this Rule 23.
Give appropriate incentives and actively support the early relocation of shantytowns through renovation and demolition.
The resettlement period for the demolished persons shall be at least 18 months, subject to the allotment agreement. Temporary transition during the demolition period, enjoy temporary relocation and subsidies.
What is the original housing license for temporary resettlement subsidy for residential housing? The monthly payment is US$10 per standard square meter of construction area.
If the temporary demolition of non-residential houses during the period results in suspension of production or business, a one-time subsidy shall be given based on the demolition or the tenant's taxable income in the previous years and the average salary of the workers during the transition period.
Article 26 If there is no agreement, the demolition period of the shanty town will be demolished, and if the application exceeds the announcement, the relocation will be refused and the demolition will be governed by the Municipal Demolition and Resettlement Office.
Article 27 Administrative rulings shall be made within 15 working days from the date of acceptance of the application and from the date of the municipal government’s demolition ruling.
The relocation period specified in the administrative ruling shall not be less than 5 days.
Article 28 If the demolished persons refuse to relocate within the relocation period stipulated in the ruling and are forced to relocate in accordance with the provisions of the law, the municipal administrative law enforcement department will handle the matter.
Article 29: The parties involved in demolition are dissatisfied with the administrative ruling of the People's Court. In the case of demolition, in accordance with the law on demolition, monetary compensation or resettlement housing will be given during the litigation process, and the turnover space will not stop the execution of demolition.
Article 30 The parties involved in demolition and relocation shall be subject to the management of relevant departments. If the demolition causes trouble, hinders demolition and affects social security, the public security department shall handle it in accordance with the law. Article 31 Matters not stipulated in these rules
In accordance with relevant laws and regulations, higher-level documents, "Jiamusi City Urban House Demolition Management Measures" will be implemented.
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p>Article 32 These rules shall come into effect on the date of entry into force