Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388801.shtml
Shenzhen housing expropriation and compensation measures (for trial implementation)
(Order No. 248, March 18, 2013, Shenzhen People's Government promulgated as of May 1, 2013) Chapter I General provisions
First to protect people's legitimate rights and interests of expropriated home ownership, public interest, regulating the activities of the city's housing expropriation and compensation, in accordance with the People's Republic of China real right law, the State-owned housing on land expropriation and Compensation Ordinance (hereinafter referred to as the regulations), combined with the city's actual, these measures are formulated.
Second approach applies within the administrative area of the city due to public interests implement homes and housing to be imposed on the owner (hereinafter referred to as to be expropriated) compensate activity. Third district people's Government (hereinafter referred to as the District Government) is responsible for the expropriation and compensation for housing within their respective jurisdictions.
Spanned the area covered by the project by the Government for housing, expropriation and compensation, it is necessary to the municipal people's Government (hereinafter referred to as the city) and Manpower, subject to the approval of the municipal government, related to entrusted by the City District Government or related departments in charge of the housing levy and compensation work.
, Housing, urban planning and land authorities responsible for the expropriation and compensation guidance, supervision and management of the implementation work, carry out the following functions:
(A) to develop and improve the city housing compensation policy systems, norms, rules and security mechanisms;
(B) to develop and improve the property rights exchange of housing planning, construction, provision, property rights and other policy measures;
(C) is imposed by the House before a decision, organization of registered building investigation, identification and processing;
(D) establish homes assessment, surveying and mapping agency of the pre-selection, and levies on housing price assessments, regulatory assessment area surveying, mapping agencies;
(E) reporting is responsible for handling the collection and timely in accordance with terms of reference;
(Vi) other housing levy, supervision, and management responsibilities.
Article fourth Shenzhen land servicing institution (hereinafter referred to as is imposed by the Municipal Housing Department) is responsible for organizing housing expropriation and compensation, which the Municipal Government to determine.
Is imposed by the legally determined by the Government's Housing Department (hereinafter referred to as is imposed by the housing sector) is responsible for organizing House expropriation and compensation work within their respective jurisdictions, which sets new regulatory agencies within their respective jurisdictions, shall be determined by the Government zone is imposed by the housing sector.
Is imposed by the municipal and district housing sector (hereinafter referred to as is imposed by the housing sector) to fulfil the following duties:
(A) to develop compensation programmes for housing;
(B) organizations within the scope of housing housing ownership, location, use, building area of investigation;
(C) determining the scope housing published collection of tips, in the homes after the publication of the decision to notify the authorities suspending the housing levy Act limits matters within the scope of acceptance, approval, registration and other related procedures;
(Iv) special compensation of charge storage, allocation and regulation of housing, providing working premises or houses, the Agency cannot reach agreement of compensation within the time limit, and is responsible for reports to the Government to make a decision and announce it;
(V) itself or entrust implementation performed by units of housing signed a compensation agreement, the organizations selected homes assessment, survey and mapping, such as expropriation and compensation related work;
(Vi) is responsible for the management of housing compensation files, publish individual compensation;
(VII) is responsible for the homes of staff training and management, housing advocacy, interpretation of expropriation and compensation, protect the legitimate rights and interests of the income levy;
(VIII) other tasks assigned by the Government, municipal and District Housing expropriation and compensation work.
Fifth levy performed by units of housing by the Housing Department commissioned following expropriation and compensation for housing and the specific work:
(A) the levy on houses within the scope of house ownership, location, use, building area of investigation;
(Ii) housing compensation to be expropriated to negotiate;
(C) to be expropriated to select homes assessment, survey and mapping organization-specific work;
(D) housing and their subsidiary facilities of demolition was imposed by law;
(E) housing levy is imposed by the other Housing Department commissioned work and compensation. Performed by units of housing must not be for profit-making purposes.
Construction and commercial real estate development, property management companies and other legal persons and other organizations, may be entrusted to be performed by units of housing, shall not be performed by units of housing investment (from) capital, was voted (out of) funding relationship.
Housing sector housing should be performed by units of the Housing Authority is imposed by expropriation and compensation monitoring behavior, in the Commission's implementation of, and legal responsibility for the consequences.
Sixth article district management institutions, and subdistrict offices and levels development reform, and financial, and housing construction, and people home environment, and market regulatory, and police, and tax, and overseas Chinese Affairs, and labor and social security, and trade information, and audit, and Chengguan, and education, sector, should according to Ordinance, and this approach and the Government provides of duties Division, full shoe vocational, mutual tie, linkage coordination, for housing levy and compensation work provides assist. Seventh article of any organizations and individuals in violation of the Ordinance and these rules of behavior, are entitled to municipal and district governments and land planning departments, the Housing Authority is imposed by the Department and other relevant departments.
Municipal and district governments and land planning departments, the Housing Authority is imposed by the Department and other departments concerned upon receipt of the report, it should be verified, processed in a timely manner and to confidential informant information, verification, processing and timely notify the name of an informer.
Supervision departments should strengthen their participation in the housing levy and compensation work supervision and inspection of the relevant department or unit and its staff.
Chapter House acquisition decisions
Eighth in order to protect national security, promote national economic and social development needs of public interest, any of the following circumstances, absolutely necessary to levy House, in accordance with this method is imposed by the provisions in the city's annual housing plans, implemented by the District Government housing levy:
(A) the needs of defence and Foreign Affairs;
(B) the Organization and implementation by the Government of energy, transportation, water conservancy and other infrastructure needs;
(C) Government Organization and implementation of science and technology, education, culture, health, sports, environment and resources protection, disaster prevention and mitigation, conservation, social welfare, municipal public utilities needs;
(D) the construction of low-income housing projects carried out by organizations needs;
(V) implemented by the Government in accordance with the relevant provisions of the law on urban and rural planning organizations to dangerous concentration, poor infrastructure such as the old city reconstruction and the need for urban renewal;
(F) other public interest stipulated by laws and administrative regulations of the need. Because of Government imposed a housing land preparation really necessary, shall comply with the provisions of the Ordinance, these measures, and included in the annual plans for the land improvement.
City land preparing annual plans for land servicing involving housing acquisition plan, and the city's annual House acquisition plan shall have the same legal effect.
Nineth district (including district) is imposed by the Housing Department in accordance with the national economic and social development plan, a recent construction and land-use planning and annual implementation plan and the provisions of the present article eighth, preparation of the annual draft House expropriation plans in this area, and, before November 1 of each year, the next year's draft House expropriation plan sent is imposed by the City Housing Department. Is imposed by the municipal housing sector next year in a summary draft House expropriation plan formed after the city's annual draft House expropriation plans, should be submitted to the urban planning and land authorities before December 1 of each year.
Urban planning and land authorities should audit consultation with the municipal development and reform Department, reported that the municipal government approval before December 31 of each year.
After approval, it is imposed by the city's housing plan, it is necessary to adjust and should be reported to the municipality for approval.
Not included in the city's annual plan of homes or land in the city of preparing annual plans, shall not be implemented is imposed by the House.
Article tenth project owner should be charged under annual housing plans, projects, site work, site selection and land planning pre-related files, and made planning and site selection and land pre levied within 3 business days after the relevant documents submitted to the housing sector.
Housing levy sector according to planning location and land pre related file provides of with to range, combined housing property, reality, determine intends levy housing of specific range (following referred to housing levy range); city update project does needed levy housing of, housing levy sector should according to by approved entered into force of city update unit planning determine housing levy range; land servicing does needed levy housing of, housing levy sector should according to by approved of land servicing project implementation programme determine housing levy range.
11th House tax determined within 3 working days after the housing levy is imposed by the Department in the House range, Government Web sites to publish by notice impose prompt, informed from the date of the announcement up to House expropriation until the date of publication of the decision, for the following acts resulted in increased compensation for housing costs, will not be compensated in part by increased:
(A) building, rebuilding, expansion, renovate your home;
(B) the change of houses and land use;
(C) obtain building approval documents but has not yet completed the construction of the housing project;
(D) the new lease term deadline imposed by prompting the release date after 1 year lease contract;
(E) except for marriage, birth, to return home, the military veteran jobs, released from prison and released, must apply for accounts moving, household accounts other than immigration and household;
(Vi) to be imposed on housing for registered address industrial and commercial registration, change procedures;
(VII) other improper compensation costs.
Levy is imposed by the prompt announcement has not been made within 1 year after the housing decision, House acquisition plan for next year is still imposed on housing plans, House acquisition Department shall, within 3 working days after plan approval once again for collection of tips. House acquisition decision, in violation of this section is imposed by the provisions of the first paragraph and the second paragraph of tip, improper compensation of charge increase, increase of misconduct may be granted compensation.
Housing compensation assessment shall be levied to the prompt publishing point as one of the basis of assessment.
12th house tax is determined, is imposed by the housing sector should be organized within the scope of housing housing ownership, usage, areas such as investigation, and delegate to the Municipal Government to determine the function of assessing nonprofit institutions House acquisition budget, levies on housing project cost estimates.
House acquisition programme costs include compensation for housing costs for the preparation of the budget, in accordance with national advisory services relating to real estate agency service fees charging standards.
Investigation and preparation of the housing is imposed by the budget, should housing tax determined finished 30th.
13th is imposed by the housing sector should be identified in the 30th after scope housing, combined with investigation and project cost estimates, developing housing compensation programme reported to the District Government.
New homes housing compensation scheme prepared by the Department, the District Government may appoint a new management organization of these measures demonstrates, for comment, hearings and other activities.
14th House expropriation compensation scheme should include the following:
(A) the housing tax, compensation, compensation, compensation standards, compensation cost estimate of the project;
(B) as a property rights Exchange location, number of houses, houses of exchange standard, type size, and settlement prices, transition, makeshift housing standards;
(C) the proposed contract period and early relocation rewards period;
(D) the rewards and benefits;
(E) housing compensation expense accounts;
(Vi) other contents should be included in the compensation package.
15th District Government shall organize and finance, development and reform, supervision and auditing departments proofed the House expropriation compensation package.
Housing in the areas the Government should tax, Government website will house expropriation compensation package to be published, and to solicit public comment, comment period of not less than 30th.
Disagrees with the house owner, should hold identity, proof of principal-agent and house ownership certificates and other documents, in writing for comments within the time limit imposed on the housing sector.
Jurisdiction should be consulted after the expiration of the Government in the 30th, for comments and modified according to public comments on expropriation and compensation programme for housing, housing tax, Government Web sites announced in a timely manner.
16th article for this approach eighth article subsection (five) items of need levy housing of, housing levy range within accounted for housing total area 1/2 above, and and accounted for housing ownership people total 1/2 above of housing ownership people think levy compensation programme not meet Ordinance, and this approach provides of, area Government should organization housing ownership people and public representative, according to this city administrative hearing about provides Organization held hearing, and according to hearing situation modified programme.
When calculating the number of home ownership, housing joint ownership or co-ownership by all joint tenants calculated according to an owner.
17th article housing levy decided made Qian, housing levy sector should according to Guangdong Province, and this city about social stable risk assessment, and major decision experts Advisory of about provides, developed social stable risk assessment programme and argument procedures, in this approach 15th article second paragraph provides of sought views period within synchronization organization about sector and experts, and scholars on housing levy range within housing levy of social stable risk for assessment argument.
Assessment verification, is imposed by the housing sector should provide the risk assessment report, risk assessment report should be made to House acquisition risk evaluation, and will implement, suspend or unenforceable recommendations.
18th special compensation expenses for housing storage, earmarks, special management, timely allocation principles.
Homes before a decision, is imposed by the Housing Department shall, in conjunction with relevant government departments in implementing housing expropriation and compensation costs, ensure that housing compensation costs in full.
Financial compensation of charge, audit departments shall supervise and audit.
Article 19th article eighth of this approach (a), (b), (c), (f) collection of housing, shall also meet the following conditions:
(A) is imposed by the proposed housing project in line with the requirements of national economic and social development plan, development and reform and approval of the project proposal or feasibility study report;
(B) is imposed by the proposed housing project in line with the requirements of urban planning, and site selection and land pre planning documents;
(C) social stability risk assessment according to the procedure, the request for comment;
(D) compensation costs have been fully in place for housing, storage accounts;
(E) in line with the compensation scheme as provided herein.
This article eighth paragraph (d) is imposed by the House should meet conditions specified in the preceding paragraph, and was included in the area of construction projects annual plans for national economic and social development.
This article eighth paragraph (e) is imposed by the House should also have the first paragraph of article (a), (c), (d), (e) prescribed conditions, and construction projects have been incorporated into the area of annual plans for national economic and social development, and has already approved the entry into force of the urban renewal unit.
Is imposed by the Government to implement land preparation is absolutely necessary to House, except as shall be in conformity with article eighth of this approach, the first paragraph of article (a), (c), (d), (e) provides, shall also meet the requirements for preparing annual plans, and land preparation, as is imposed by the Municipal Housing Department, project implementation plans.
20th is imposed by the Housing Department shall present measures article 19th within 3 working days from the date on which the conditions, drew attention to the District Government or made after approval by the district administration House acquisition decisions.
Area Government decided to implement the housing levy, shall within 5 working days from the date of the decision made in the housing tax, Government website or the Shenzhen Special economic zone, Shenzhen commercial daily, is imposed by the House's decision to announce the 3rd announcement must not be a holiday.
Homes decision came into effect since the date of the announcement, planning and land corresponds to the housing sector recover without further be imposed on State-owned land use right decision; housing under the housing levy decided to be imposed on the compensation, including recovered compensation for land expropriated houses.
Article 21st is imposed by the housing announcement shall specify the project name, scope, expropriation and compensation programmes, performed by units, is imposed by the implementation deadline and imposing restrictions, on-site Concierge locations and contact information, monitoring reports and rights of administrative reconsideration and administrative litigation and other matters. Levy Act limits referred to in the preceding paragraph, is performed within the time limit, no unit or individual shall not be administered throughout the homes housing transfers and listed in the first paragraph of this article 12th.
To be expropriated in violation of regulations, no compensation for inappropriate additions.
After the 22nd House acquisition decision notice, House acquisition decision jurisdiction is imposed by the Government and the Housing Department the housing levy and compensation information, interpretation.
Housing levy is imposed by the Department in the House's decision to announce the date written notice of land planning, building, household registration, property registration, lease management, collateral, supervision departments and units of the suspension is imposed by the Act to limit the matters included in the acceptance, approval, registration and other related procedures. Suspending the relevant formalities written notice shall include the period of suspension.
Period of suspension shall not exceed 1 year.
Chapter III compensation for housing and resettlement
House acquisition decisions of the 23rd District Government are taxed income and meet the required legal use of compensation include:
(A) imposed on home values (including the legitimate value of State-owned land has been made) compensation;
(B) the result of imposed housing relocation, temporary rehousing compensation;
(C) suspend due to imposed housing to compensate the damage.
Moving expenses, temporary relocation costs, suspend compensation and other standards under this annex to the Shenzhen housing compensation set out in the rules. 24th homes can take monetary compensation, property rights Exchange and the combination of property rights Exchange and monetary compensation remedy.
Except as provided in this way and the municipal government, other than the collection of non-residential housing and housing structures, other fixtures, such as monetary compensation. Levy be imposed on people living in residential homes being expropriated can choose monetary compensation, property rights Exchange, monetary compensation and property rights exchange methods to compensate.
This article eighth paragraph (e) requires individual residential tax, imposed on people to choose housing property rights Exchange in urban renewal areas, homes sector, should be provided in urban renewal projects or units of housing, urban renewal projects, or cannot be provided within the unit, is imposed by the Housing Department can provide.
25th article on residential housing to property replacement way for levy compensation of, made housing levy decided of area Government should provides corresponding of residential for replacement, and according to following provides settlement post: property replacement housing sets within area over was levy housing sets within area of, beyond area part to market assessment price settlement post; was levy housing market assessment price above property replacement housing market assessment price of, to market assessment price of difference settlement post. Of non-housing property rights Exchange nature of commodity residential housing, its changing property right in real estate are still subject to appropriate restrictions.
In accordance with the relevant provisions, to be expropriated under you can pay the difference to the nature of goods.
According to the Shenzhen Special economic zone on illegal private houses a number of provisions left over by history and the Shenzhen Special economic zone on historical production and operation of illegal construction regulations (hereinafter "two rules") and supporting policies dealing with access to non-commodity nature of real estate rights certificate of residential housing, property right certificate for the property rights exchange of residential housing unit, compensation in accordance with the following provisions:
(A) to meet the indigenous villagers ' land used for non-residential construction standards (a policy) and not more than 480 square meters of part of property rights Exchange, the excess in accordance with the relevant provisions of the annex to this approach to give monetary compensation;
(B) be subject to man-made non-indigenous villagers not part of more than 100 square meters of property rights Exchange, the excess in accordance with the relevant provisions of the annex to this approach to pay monetary compensation.
26th housing to be imposed on the value of compensation shall not be lower than the levy is imposed by the date of the publication of the decision to the Housing Authority for housing market prices of similar real estate.
Compensation for expropriated housing prices by a qualified real estate prices assessment agencies assessed according to law, except as otherwise provided in these procedures.
Residential houses were expropriated to choose monetary compensation, but compensation for expropriated houses assessed prices are lower than the housing property rights Exchange in case the homes provide all the property rights exchange of the average market price of the House, the spread is imposed by the housing sector should be part of home buyers subsidy paid to be expropriated.
Housing structures, fixtures, such as monetary compensation other than the amount imposed by the parties by mutual agreement settle through consultation, may authorize real estate appraisal institutions determined to reset the price assessment.
27th has been imposed the construction area of the House (including construction area) and housing found that the property right certificates, recorded in the real estate register area and use prevail; but inconsistent property right certificate records and recorded in the register of real estate, real estate registration records shall prevail.
Property right certificate of unknown, was not recorded or recorded in the register of real estate, according to legal and effective completion of the surveying and mapping report found floor space of buildings (including construction area), legal and effective planning documents found under housing.
Are levied under the provisions of the preceding paragraph are unable to determine the construction area of the House (including construction area) should be carried out under this approach the fifth chapter of surveying and mapping.
28th House collection departments shall, together with the introduction of income compensation scheme compensation agreement entered into within the contract term.
Expropriation and compensation agreements should include: compensation and the compensation amounts and payment terms, the property rights exchange of housing locations and areas, delivery time, relocation, temporary housing or loss of working room, suspend, cancellation, removal of property rights term, transitions and transitional period, related to incentives or subsidies, and so on.
Expropriation and compensation agreement sample collected by the Municipal Housing Department shall prepare and publish.
Expropriation and compensation agreement, party's failure to perform the obligation of compensation agreement, the other party may initiate proceedings in accordance with law.
Section 29th required relocation of entire villages, group resettlement of residential housing, can be based on consultation with the levy income, in accordance with the urban planning requirements and procedures set forth by decision of rehousing in other place.
Collection of existing public infrastructure or public housing, shall, in accordance with the provisions of relevant laws and regulations and the requirements of urban planning to rebuild; can't or don't need to build on the site, in accordance with the nature and size of remote rebuilding or resetting the price assessment to pay monetary compensation.
Article 30th collection of individual residential houses, were expropriated to choose monetary compensation, imposing House is not recorded as owner-occupied dwellings in the housing conditions, to be expropriated under the regulations of Shenzhen City, in accordance with the affordable housing housing conditions, can apply for housing.
Section 31st property for non-profit housing or industrial use houses, but has obtained a business license, operating rooms and the original legitimate purposes be compensated.
Article 32nd expropriated housing interior decoration fees on their own compensation, imposed by the parties negotiated through consultation, determined in accordance with the assessment reset into the new price compensation.
Investment in interior decoration by the lessee, the lessor and the lessee without the agreement or no agreement, is imposed by the housing sector should be to pay the compensation fees for decoration; the lessor and lessee agree or reach an agreement, according to the agreement or the agreement reached.
33rd homes without the registration of property rights within the scope of article building, belonging to the Standing Committee of the Shenzhen People's Congress decision on the historical treatment of illegal construction of rural urbanization (hereinafter the decision) article range has been declared but not yet processed, compensation in accordance with the following provisions: (A) in line with the "two rules" treatment but has not yet been processed, according to "two regulations" and its supporting policies and determine the availability of property, after deduction of its premium replacement procedures, penalties to compensate.
Nature of property right of access to non-commodity residential housing to basic unit for property rights Exchange, can refer to the third paragraph of the article 25th of this approach to compensation;
(B) to meet the indigenous villagers ' land used for non-residential construction standards (a policy) of urbanization of illegal buildings left over by history, not more than 480 square meters of part of the nature of the commodity housing compensation after deductions 10% notice of datum land price, out of 480 square meters some of the resetting of buildings as compensation; (C) the original rural collective economic organizations, following the unit's production, commercial office buildings, located in the non-agricultural construction land within or for non-agricultural construction land quota deduction, deductions according to the nature of goods housing replacement procedures fines, compensation after land prices.
Fined reference to the Shenzhen Special economic zone on historical production and operation of illegal construction standards prescribed by the regulations twice times executed land premium in accordance with bulletin 10% standards;
(D) except as provided in these circumstances of rural urbanization in other illegal buildings left over by history, by the land planning department review is not demolished or confiscated according to law, the building is not property rights Exchange, reduced reference "two rules" (light production and management in Business Office) twice times the standard penalty after reset as compensation.
Undeclared or review by the land planning department under the law it shall dismantle or confiscation of urbanization of illegal buildings left over by history, without compensation.
The real estate registration problems left over by history, no longer go through the real estate registration procedures, in accordance with legal buildings reduced to re-submit registration of real estate land, related taxes from the compensation.
34th following the original successor housing units be imposed on rural collective economic organizations, in accordance with the provisions dealing with:
(A) in non-agricultural construction land indicators scope, returning land to industrial uses in the home, in line with the industry oriented, approved by the municipal government, followed by "Industrial Park" provides for arrangements of land, houses and structures, other attachments according to the replacement price assessment grant monetary compensation;
(B) land for non-agricultural construction target, land restitution and commercial uses within the housing, according to the provisions of the present article 26th grant monetary compensation or according to the approved Tong Jian programme together with the residential property rights Exchange as Tong Jian placed;
(C) land for non-agricultural construction target built housing, land expropriation, the return of land, does not comply with subparagraph (a), (b) provides, you can follow the land value principles such as replacement, replacement of land use and replacement before use.
Imposed on State-owned land for industrial use, assessment of industries by the city authorities are encouraging the development of the project, you can press "Industrial Park" provides for arrangements of land, houses and structures, other attachments together in a reset price assessments to pay monetary compensation.
Imposed on people choose monetary compensation under this article, in accordance with the relevant provisions of these measures grant monetary compensation.
35th levy does not exceed the limit for temporary buildings, only monetary compensation. The temporary use of land has been agreed in the contract, as agreed.
Was not prescribed, the amount of compensation according to the temporary use of land contracts or temporary construction project planning permit on the documented use of nature and remaining term of land development and land use in spending costs, income and so on the actual situation, determined by the assessment.
Article 36th collection home of overseas Chinese, according to the relevant provisions of this approach to compensation, Guangdong Province, and the other provisions of the State, from its provisions. Levy overseas Chinese houses and homes after the publication of the decision, the Housing Authority is imposed by the Department shall be notified in writing to be expropriated or its agents. To be expropriated or his or her agent after receiving the notice, shall, within the prescribed time levy is imposed by the Housing Department for housing-related procedures. For special cases which cannot be handled in accordance with the established deadline, to be expropriated to the Housing Authority or the agent shall, before the expiration of application for extension to the collection Department.
Fails to apply for or notification, collected by the Housing Department for evidence preservation procedures, shall be reported in accordance with the provisions of the present article 46th House expropriation decision area Government shall make compensation decisions, and within homes shall be published.
Overseas Chinese housing in these measures include:
(A) the overseas Chinese and returned overseas Chinese and private houses;
(B) the People's Republic of China after the establishment of using remittances to build private houses;
(C) inheritance of overseas Chinese and returned overseas Chinese and private houses.
37th housing foreign consulates, military installations, churches, temples, monuments, historical and cultural buildings within protected areas, such as special compensation for housing, according to the Government, the Guangdong provincial regulations.
Section 38th with mortgage housing (including construction), the implementation of the relevant security provisions of laws and regulations of the State.
Recruitment revenues shall be with the mortgagee on the re-establishment of mortgages signed a related agreement or repay debt and write off the original mortgage registration. Be imposed on income reach a written agreement with the mortgagee, is imposed by the housing sector should be expropriated in accordance with the agreement on compensation.
No agreement is reached, the housing sector to be expropriated is imposed by monetary compensation, compensation should be imposed on the notary for drawing and notify people; to the expropriated person housing property rights Exchange, the mortgagee may change the collateral. 39th is imposed by the municipal housing sector can be charged under the Housing Authority's housing construction reserve annual plans need to be developed.
Housing compensation introduction of property rights Exchange, according to the will of the income levy preferred arrangements from the houses that have been built.
Housing construction, supply and management of specific measures shall be formulated by the municipal government.
40th House expropriation compensation when the Protocol is signed, be expropriated to House expropriation should be in accordance with the agreement, the Parties shall submit imposed on House property right certificate and cancellation rights certificate of real estate power of Attorney without property right certificate shall submit the corresponding proof of property rights and real estate rights disclaimers.
Is imposed by the Housing Department shall promptly register with the real estate agency for cancellation procedures. Collection of seized real estate, housing departments shall notify the seizure of levy is imposed by authorities.
Sealed after authorities lifted the seizure, is imposed by the Housing Department shall promptly register with the real estate agency real estate such as cancellation of registration. 41st suspend due to is imposed by the production and operation of the Housing Authority, the Housing Authority collection departments should pay appropriate compensation.
Specific amount of compensation shall be determined in accordance with the annex to this approach.
42nd House collection of departments shall, in accordance with the provisions of the annex, in the compensation agreement or compensation within the time limit fixed by the decision to be imposed to pay moving expenses. Select property rights Exchange, housing placement prior to delivery, is imposed by the housing sector should provide the working capital to pay its own transition to be expropriated or temporary relocation costs.
Relocation and temporary relocation costs imposed by the parties by mutual agreement settle through consultation, shall be determined in accordance with the annex to this approach. Article 43rd to be expropriated within the stipulated time limit is imposed by signed a compensation agreement, scheduled flight, delivery of housing, is imposed by the housing sector should distinguish between different situations different rewards.
Specific incentives rules decided by the homes to determine and reward does not exceed the total amount the Housing Authority determines the amount of compensation of the compensation agreement 5%. 44th article was levy income belongs to life special difficult personnel of, its was levy residential housing each households area is less than 45 square meters (in this city has other residential with room of merged calculation), select property replacement way of, by family population 2 people following area not is less than 45 square meters, and 3 people above area not is less than 60 square meters of standard, by levy people provides sets residential housing as property replacement housing, provides area within part not settlement post, beyond part by building cost settlement post
Choose monetary compensation, base area as required to the homes provide all the property rights exchange of compensation the average market price of the House.
To be expropriated belongs to staff in particularly difficult life, in addition to receiving compensation, but may give appropriate subsidies, but the amount must not exceed housing 5% of the amount of compensation determined by the expropriation and compensation agreements.
Life particularly difficult personnel mentioned in this article refers to enjoy minimum living guarantee treatment in accordance with the relevant provisions of the residents of this municipality; imposed on residential housing floor space per household, according to housing levy's decision to announce the levy income household registration certificate and certificate of property rights or other legitimate property documents to determine.
Article 45th is imposed by the housing sector are not allowed to extend the agreed transitional period, use of swing space should make back swing space by the agreed deadline.
Is imposed by the Department's responsibility to extend the transition period for housing, to be expropriated to arrange accommodation, shall be from the date of overdue increase in temporary placement fee; using the homes provide swing space, is entitled to extend the transition period of swing space.
To be expropriated does not release by the agreed deadline of swing space, should be in the same area, pay market rents for similar housing rents.
Article 46th House acquisition Department and to be expropriated in the expropriation and compensation programme within the contracted term no compensation agreements, or clearly imposed on homeowners, levy collected by the Housing Department reported to the House to decide compensation decisions at the District Government, and within homes shall be published.
Compensation decisions should include compensation, be expropriated housing compensation, for the assessment of real estate property rights exchange houses the location, area and price, removal costs, temporary relocation or loss of working room, suspend, move term, transition, transition periods and compensation payment and other matters. 47th article for was levy people not agreed assessment institutions, and mapping institutions entry, reasons led to housing levy of assessment, and mapping cannot normal for of, housing levy sector should law for evidence preservation Hou, with in accordance with this approach determine of assessment institutions, and mapping institutions to measured accounted for to area, and Visual housing layer number, reasonable way estimated set related assessment, and mapping parameter, to related parameter as housing levy of assessment, and mapping work according to, eventually determine was levy housing compensation amount and made housing levy compensation decided,
Are levied similar housing housing can be similar, mutatis mutandis be imposed on the amount of compensation to be determined.
48th House acquisition should be first compensation, then removal.
Area in which homes decisions after giving compensation to be expropriated by the Government, be expropriated shall be expropriation and compensation agreement or compensation decision of moving to complete the relocation within the time limit.
No unit or individual may resort to violence, threats or violations of provisions of interrupted water supply, heat supply, gas supply, power supply and road traffic are levied illegally forced relocation of people.
49th be expropriated within the statutory time limit does not apply for administrative reconsideration or bring an administrative suit, within the time provided in the decision to move, collected by the housing sector will be imposed on matters related to the housing law after evidence preservation, area Government shall, within 3 months from the date of the expiry of the statutory time limit apply to a court for mandatory enforcement according to law. People's Court granted the Executive, and referred to the area in which compensation decisions the Government Organization, performed by the people's Court is imposed by the housing sector should be granted decision and within its own relocation notice with the housing tax, imposed on housing for posting. To be expropriated overdue move, area Government shall organize the city administration, public security, industry and commerce, taxation, water and electricity, transport, communications, fire and property management departments and units implementing forced evictions and demolition.
Indoor is not removal of the goods cannot be handed over to the parties, jurisdiction is imposed by the Housing Department for safekeeping, and notice the parties claim. 3 months and still cannot be handed over to the party or no legitimate claim of all, according to the confirmation proceedings for unclaimed property.
Unclaimed property auctions or other processing according to relevant regulation, deduction of custody, proceeds from auctions, selling expenses still remaining after paying municipal finance.
Implement and organize the implementation of court granted, jurisdiction shall assist the Government.
The fourth chapter housing levy assessment
50th House acquisition assessments are levied including housing (including State-owned land), structures, attachments and other relocation, temporary relocation costs, collection management of housing caused by suspend compensation housing interior decoration themselves, and be imposed on fees and the assessment of property rights exchange houses.
51st real estate appraisal agencies engaged in housing levy assessments, shall meet the qualifications authority issued by a valuation of real estate (land and assets) appraisal agencies qualification certificate, get the certificate from the City Department of planning and land in the city engaged in the business of filing documents, and apply to the City Department of planning and land into homes Assessment Agency primary library.
52nd City Department of planning and land real estate prices assessment agencies shall, in accordance with the level of qualification, assess performance, credit files, assessing technology and personnel structures of public selection, establishing homes evaluation organizations primary and to the public directory of preselected.
Homes assessment agency pre-selected library update once every 2 years.
Homes Assessment Agency primary library and the specific method for urban planning and land management departments in accordance with the prescribed procedures separately.
After the 53rd House acquisition decision notice, is imposed by the housing sector are taxed income should be organized in consultation announced the pre-selection list selected House acquisition Evaluation Agency.
House acquisition decisions published in the 5th, is imposed by the housing sector should be announced within a housing tax assessment institutions.
In assessing institutions published in the 10th, be levied shall be submitted in writing to assess agency selected letters of intent.
Select homes consultation Evaluation Agency, shall be agreed by half or more are taxed income housing revenue collection departments should delegate is levy consultation choose homes assessment agencies for evaluation.
54th House acquisition assessment agencies from 53rd selected through consultations within the period specified in the third paragraph, the Housing Authority collection departments should be published in the catalogue for the lottery to determine House acquisition Evaluation Agency. Is imposed by the housing sector should be in front of the lottery to 5th in housing tax post Yao Hao in time and place.
Lottery process and results should be the notary notarized.
55th House acquisition assessment bodies identified, is imposed by the Housing Department shall enter into an agency evaluation contract and real estate appraisal institutions entrusted with the certificate, business license, registered valuers registration, practice registration licence copy of scope in the housing field in public. Evaluation fee collected by the housing sector.
House acquisition evaluation fee according to the price stipulated by the competent Department of the Government standard; not provided, municipal valuation industry organizations to develop guidelines on fees chargeable to boot.
56th is imposed by the housing sector should be formed in the initial assessment will be assessed to be expropriated publicity, the public notice period of not less than 7th, and arrange for a registered valuers on site explained, to hear their views.
Within 15th after the expiry of the public, levy is imposed by the housing sector housing should be assessed, submitted, amended evaluation report referred to the expropriated person by the expropriated person to sign for; to be expropriated does not sign, the Housing Authority is imposed by the Department shall set forth the reason for not signing, incorporate evaluation findings posted on the House tax are levied, as well as housing.
57th housing levy is imposed by the assessment body shall not cater to the improper request of the parties, take false propaganda, promises to assess prices, rebates, to denigrate others raise their own, false reporting is imposed by the assessment officer or other improper means to contract housing assessment business.
58th of municipal valuation industry organizations should set up Shenzhen real estate Evaluation Committee of experts (hereinafter referred to as evaluation committees of experts), is responsible for handling technical appraisal for levy assessment for housing.
Evaluation by the Committee of experts in real estate (land, assets) appraisers as well as prices, real estate, land, town planning, legal experts, real estate appraisal of the members of the Technical Committee shall be not less than the total number of 2/3.
Real estate appraisal technique class member shall have a registered real estate (land, assets) to assess the qualification, and practising for more than 10 years; or to obtain master's degrees, and engaged in the real estate assessments for more than 5 years.
Expert Committee to assess management practices and operational rules drafted by the municipal valuation industry report on urban planning and land authorities before implementation. 59th to be expropriated or is imposed by the Housing Department have questions about assessment, housing levy assessment agencies should give an explanation.
To be expropriated or homes Department disagrees with the results of the assessment shall be from the date of receipt of the assessment report in the 10th, hitting houses with rating agencies apply in writing for a review to assess. Original homes assessment bodies shall from the date of receipt of the written review to assess applications to review the findings in the 10th.
After a review, changed the original assessment, assessment reports issued by the new assessment results have not changed, it shall inform the review assessed the applicant.
Homes assessment agency for review shall not be charged.
60th to be expropriated or is imposed by the Housing Department homes assessment agency review still has objections, from the date of receipt of the review results in the 10th, apply to evaluation committees of experts for identification. Evaluation Expert Committee shall be from the date of receipt of the application within the 10th review of the application, and accepted shall be assigned identification team of 3 or more singular members bear the identification work, does not agree to accept identification applicant shall reply in writing.
Group composition of real estate (land, assets), Appraisers should be more than half. Identification the identification of the applicant's expense. But the conclusion that the assessment of the technical problems, identification of costs borne by the original real estate prices assessment agencies.
Evaluation fee according to the price stipulated by the competent Department of the Government standard, unspecified, municipal valuation industry organizations to develop guidelines on fees chargeable to boot.
61st Evaluation Committee of experts should be expert evaluation report on the application of the assessment process, the assessment basis, techniques, methods, evaluation assumptions, evaluation results evaluation expert opinions in writing on technical issues. Expert opinion that the assessment report there are no technical problems, assessments issued by the Committee of experts should maintain the conclusion of technical appraisal of the evaluation report; expert opinion that the assessment of technical issues, and assessment experts shall instruct the housing levy assessments issued by the Agency to correct errors and to assessment reports.
Assessment report was issued by the wrong again, Evaluation Committee of experts shall present the conclusion of technical appraisal.
Conclusion of technical appraisal of the evaluation Expert Committee shall not review, recertification, is imposed by the parties cannot reach an agreement, collected by the Housing Department in accordance with the present article 46th House acquisition decisions of the provisions submitted to the District Government to make compensation decisions.
The fifth chapter House acquisition of surveying and mapping
62nd housing compensation survey, surveying and mapping agency shall meet the qualifications of house property surveying and mapping, and applying to the City Department of planning and land surveying and mapping agencies into homes preselection.
63rd City Department of planning and land should be according to the mapping agency qualification, performance, social credit, equipment levels, personnel structure and the internal management of an open selection, build homes survey and mapping preselection, and publicize the preselection list.
Homes survey and mapping primary library update once every 2 years.
Homes survey and mapping primary library and the specific method for urban planning and land management departments in accordance with the prescribed procedures separately.
64th according to the way article 27th imposed on floor space of buildings can be identified (including area), no application for mapping, shall not be included in the scope of surveying and mapping.
Homes after the publication of the decision, in accordance with the measures under article 27th floor space of buildings cannot be determined be imposed on (inner area), be expropriated shall levy is imposed by the decision within the time limit fixed by the Housing Authority for the survey and mapping.
Housing levy decided to determine the mapping of application after the deadline, is imposed by the Housing Department statistics applications to verify the need for surveying and mapping, bulletin mapping agency directory and choose the mapping agencies inform the consultations to be expropriated.
In surveying and mapping institutions after the 10th, is imposed by the surveying and mapping agency shall be submitted in writing to select letters of intent.
Select homes consultation mapping agencies, shall meet all of the requirements of surveying and mapping are levied more than half of the applicants agrees; homes sector consultations shall entrust be imposed on selected homes mapping mapping agencies.
65th homes mapping agency cannot in the 64th through consultations within the period provided in the fourth paragraph of article selected, the Housing Authority collection departments should be published in the catalogue for the lottery to determine housing levy mapping agencies. Is imposed by the housing sector should be in front of the lottery to 5th in housing tax post Yao Hao in time and place.
Lottery process and results should be the notary notarized.
66th after surveying and mapping agencies, is imposed by the Department of housing and the housing levy signed real estate contracts in written form and mapping agencies entrusted homes survey and mapping of certificates, business licenses, surveying and mapping personnel practice registration licence copy of scope in the housing field in public.
Fees collected by the Housing Department of surveying and mapping.
67th city surveying and mapping industry self-regulatory organization shall organize the establishment of Shenzhen housing mapping is imposed by the Committee of experts (hereinafter Expert Committee on surveying and mapping), is responsible for the controversial House of surveying and mapping results of legitimacy, standard, accuracy for identification.
Survey by the Committee of experts of the city housing survey of teaching, research and practical work of academics, experts and professionals.
Expert Committee on surveying and mapping management and operation rules drafted by the city surveying and mapping industry self-regulatory organization report on urban planning and land authorities before implementation.
68th homes housing surveying and mapping results disputed by the parties, you can receive within 10th of surveying and mapping results to the House of surveying and mapping results issued by the housing levy mapping agencies apply in writing for a review. Original expropriation mapping agencies shall from the date of receipt of the written request for revision in the 10th House of surveying and mapping results for review.
After review, the Housing Authority is imposed by the survey and mapping changes House of surveying and mapping results, issued by the new House of surveying and mapping results; House of surveying and mapping results unchanged, shall notify the review to the applicant.
Homes survey and mapping for review shall not be charged.
69th housing levy imposed on housing survey and mapping of the parties disagrees with the results of review shall, from the date of receipt of the review results in the 10th, applied to the Expert Committee on surveying and mapping and identification.
Surveying and mapping Expert Committee shall be from the date of receipt of the application within the 10th review of the application and accepted shall be assigned identification team of 3 or more singular members bear the identification work, does not agree to accept identification applicant shall reply in writing. Identification the identification of the applicant's expense. Appraisal concluded that the survey results are not illegal, irregular or inaccurate, identification of costs borne by the original collection mapping agencies.
Evaluation fee according to the price stipulated by the competent Department of the Government standard; not provided, municipal surveying and mapping industry self-regulatory organization to formulate relevant guidelines and fees to boot. 70th as appraised by legal, standardized, accurate surveying and mapping results, issued by the Committee of experts should maintain surveying of surveying and mapping expertise.
Appraised by the surveying and mapping results of illegal, irregular or inaccurate, experts of surveying and mapping is imposed by the Commission should be entrusted with the housing housing issued by the surveying and mapping agency of surveying and mapping results and re-issued identification issued by the House of surveying and mapping results.
Mapping the conclusions issued by the Committee of experts shall not review, recertification, parties dissatisfied, collected by the Housing Department in accordance with the present article 46th House acquisition decisions of the provisions submitted to the District Government to make compensation decisions.
The sixth chapter legal liability
71st be expropriated to House acquisition decisions, expropriation and compensation is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
72nd city and district governments and land planning departments, the Housing Authority collection departments, the Housing Authority is imposed by implementation units, departments and their staff in housing expropriation and compensation work failed to perform their duties or does not properly carry out their duties, shall be subject to administrative liability; a suspected crime, transferred to the judicial organs dealt with according to law; losses caused shall bear liability.
Embezzlement, misappropriating, privately divide, retain or levying compensation fees in arrears, ordered corrective action and recover funds, and shall be subject to administrative liability; a suspected crime, transferred to the judicial organs dealt with according to law; losses caused shall bear liability.
73rd article take violence, and threat or violation provides interrupted water, and heating, and gas, and power and road passage, illegal way forced was levy people relocation, caused loss of, law bear compensation responsibility; on directly is responsible for of competent personnel and other directly responsibility personnel, law held administrative responsibility; constitute violation security management behavior of, law give security management punishment; suspected crime of, transferred judicial organ law processing.
74th violence, threats and other methods to prevent the law of expropriation and compensation for housing, resulting in the loss of, legally undertake the compensation responsibility for activities contravening public security management, shall be subject to administrative penalties for public security; a suspected crime, transferred to the judicial organs according to law.
Violation of these measures set forth in 11th, 21st, improper compensation of charge increase also relates to other unlawful acts shall be given administrative punishment, crime, transferred to the judicial organs according to law.
75th to levy assessments, surveying and mapping activities in the housing, real estate prices assessment agencies and their workers, real estate mapping agencies and their workers are illegal behavior, by urban planning and land authorities or other competent administrative authority to investigate and punish, and credited to their credit file.
The seventh chapter by-laws
76th before the implementation of the regulation has been legally obtained demolition permits and are still within the validity period of the project, and continue to adopt the existing regulations.
Before the implementation of the Ordinance shall obtain demolition permits but is now defunct, the original party can refer to the standards of compensation as provided herein or market price and the original consultation was not dismantled for relocation compensation agreement between civil compensation or purchase agreement, is not reached may not continue to demolition; comply with the Ordinance, these regulations should be imposed by law.
Annex to the 77th article this way Shenzhen housing compensation rules along with the implementation of the present measures, urban planning and land authority may, according to law, regulation, policy changes and the provisions of these measures combined with market conditions to be adjusted and reported to the municipality for approval.
When compensation for the resumption of State-owned land use right according to law, buildings, structures and other attached to the ground and the corresponding compensation for State-owned land-use rights, can be compensated in accordance with the measures of the standard.
78th 33rd said these measures "should be demolished or confiscated according to law" urbanization of illegal buildings left over by history, including the following:
(A) of the decision of the Nineth, paragraph (b) to (f) and tenth situations provided for in articles;
(B) roads Red;
(C) in the main streets of urban landscape;
(D) affect the construction of key projects or the overall layout of the city;
(E) destroying or weakening the protection of cultural relics and scenic;
(F) occupancy planning of municipal infrastructure. 79th these measures shall come into force on May 1, 2013.
Published February 17, 2007, Shenzhen People's Government of Shenzhen public infrastructure construction projects of the housing demolition regulations repealed simultaneously.
Report: Shenzhen housing compensation rules
Part one: the counting methods of various types of non-monetary compensation of commercial housing
Type of housing property right information │ │ │ │ monetary compensation calculation │ comments │
│ │ │ │被征收房屋类似商品性质│ │
│ │ Home │ │ 1 real estate market-10% │ │
│ │ │ │公告基准地价 │ │
│ │ │ │被征收房屋类似商品性质│ │
│ │ │ │ 2 Administrative transfer land real estate market-35% │ │
│ │ │ │ The real estate certificate of quality housing announcement base price x-year correction │ │
│ │（非市场商品 │ │系数 │ │
│ │ │ │被征收房屋类似商品性质│ │
│ 3 │ │ │ │ real estate housing market prices-land shall pay other fees ¦
││││ Proceeds (│ house purchase price in accordance with the relevant provisions of │
│ │ │ │的1％） │ │
│││ Other agreements transferring │ │ │ by imposing houses of similar goods
│ │ │ │ 4 housing real estate market prices-the number of │ │
│ │ │ │交的地价 │ │
│ │ │ │ Collection houses similar goods nature of housing ownership │ │
¦ 5 ¦ certificate (including the original Baoan │ │ real estate market-10% │ │
│ │ │ │ Announcements made by the Government at or above the county level land (no land │ │
│ │放的权属证书）│ │用年限） │ │
││││ │ Other of similar goods expropriated houses should pay fees ¦
│ 6 the collective land use │ │ │ 10% │ price-in accordance with the relevant provisions of the real estate office │
│ │ │ │ Notice of datum land price of warrants (landless │, which should pay │
│ │ │ │用年限） │的规划建设管理费│
│ 7 is imposed by the State-owned land-use │ │ │ home │ 10% of total construction cost of similar goods │
│ │证》 │ │房地产的市场价格 │ │
Note: 1. in the table of the house ownership, the land use right certificate, of the State-owned land use permit required by the real estate registration, land planning and other related departments should calmly judged.
2.1999 March 5 legacy built by illegal private houses, historical production and operation of illegal buildings, before the implementation of these measures has been dealt with according to the Shenzhen Special economic zone on illegal private houses a number of provisions left over by history and the Shenzhen Special economic zone on historical production and operation of the illegal construction of a number of provisions obtain non-commodity nature of real estate permits, provisions of this section apply compensation standards.
Part II: moving costs
A, are levied by housing body measurement for the area, granted removal costs refer to the following standards:
│ 序号 │ 类型 │ 搬迁费 │
¦ 1 ¦ residential housing (dormitories, apartments, industrial facilities) │ 40 Yuan per square meter │
│ 2 │广房 │每平方米40元 │
│ 3 │办公 │每平方米40元 │
│ 4 │商业 │每平方米60元 │
└─────┴────────────────────┴─────────┘ Second, be expropriated does not agree to refer to removal expenses standard, commissioned assessment agencies have legal qualifications to be relocated live supplies, Office supplies, machinery, equipment and stock assessment of the relocation costs.
Cannot be used cannot be restored after the removal or dismantling, determined according to the assessment reset into the new price compensation.
Three, to non-government investment in urban public facilities, pipelines, imposed after building and property still belongs to the original unit, no further compensation.
D, collection of residential or business operation of the Housing Authority, expropriated auction property rights Exchange or confirmed levy needed a second move, should be given the second relocation costs, and all at once.
Part III: the temporary relocation and transition period
A temporary relocation costs
(A) the property rights exchange of residential housing, to be expropriated to arrange accommodation interim levy shall reference the same market rent is paid monthly temporary relocation costs, meet the deadline for the temporary relocation costs, move partition between the date of delivery of property rights Exchange House with them, plus 3-month renovation period of temporary relocation costs.
Implementation of non-domestic property rights Exchange, meet the deadline for the temporary relocation costs, since its relocation date to the date of delivery of property rights Exchange House, plus 6 month renovation during relocation.
Land displacement of non-residential housing and meet the deadline for the temporary relocation costs, since the date of relocation to be expropriated land transfer contract with the Government of the day, plus 12 months of temporary relocation costs.
Levy's responsibility, the extension of the transition period, should additional temporary relocation costs since months overdue, 1-3 months past due according to the original temporary installation standards issue 50%, 4-8 months past due according to the original standard 70%, temporary relocation costs, is more than 9 months overdue according to the standard 100%, temporary relocation costs.
(B) monetary compensation, 3 month temporary relocation of the market rent.
(C) the expropriated person use to provide swing space, expropriated without paying accommodation fees.
Second, the transition period Property rights exchange houses are not built, and income and are taxed income should be clear in housing compensation agreement transition period. During the transition period, were expropriated and related people can arrange their own accommodation interim, arrange for accommodation is truly difficult to levy shall provide swing space.
Swing space should have basic living conditions.
Transition period from the housing after relocation compensation agreement is signed under 36 months from the date of calculation.
Part IV: production, cessation of compensation and appropriate compensation to the unauthorized alteration of business use
A, caused by the collection of production, cessation of compensation (A) capable of providing a publishing interval of 3 months from the date of the above decision is imposed by time registration, filing documents of lease of residential housing, one-time lease at market rent for 6 months of compensation.
Rental contract without proof of registration, filing of rental housing, lease management compensation is not granted.
(B) the collection of legitimate business houses caused shutdown, closure, are levied according to location and the nature of the House, one-time stop, cessation of compensation in accordance with the following criteria:
Can provide the profits according to the tax records standard, 6 months profit after tax compensation can not provide profit standards, according to the annual industry average profit calculated or similar rental housing market, giving 6 months ' compensation.
(C) the collection of gas stations, ports, mines, quarries and other concessions houses and structures, other attachments caused shutdown, closure, suspend compensation fees to operate during the after tax profit or industry average after-tax profits for standard licenses remaining period of more than 36 months 36 months of calculations, calculated according to the actual number of months of less than 36 months.
Second, to commercial use without permission and appropriate compensation
Levy property for non-commercial purposes or industrial housing, without the approval of the planning and land to commercial use without authorization, but has obtained a business license, except in accordance with the original purpose for appropriate compensation to the compensation criteria:
(A) to provide and levy decided to issue more than an interval of 3 years from the date of business license compensation: (operating lease rental-the original purposes of the housing rental market rent) x unauthorized alteration of part of the building area of X36 months (3 years); (B) provide and levy decided to publish interval less than 3 years from the date of business license compensation: (operating lease rental-the original purposes of the housing rental market rent) x unauthorized alteration of parts of the floor space x every month (less than 1 months 1 months).
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