(December 25, 2006 Tianjin City Government 83rd times Executive Conference considered through March 30, 2007 Tianjin City Government makes 113th, announced since May 1, 2007 up purposes) first chapter General first article to strengthening on this city city housing demolition of management, maintenance demolition party of lawful rights and interests of, guarantees construction project smooth for, according to state city housing demolition Management Ordinance (State makes No. 305,), combined this city reality, developed this provides.
Article on State-owned land in the administrative area of the city to implement housing units, and the compensation and rehousing arrangements, the present provisions shall apply.
Urban house demolition article this city must comply with urban planning, adapt to the reform of the urban housing system, conducive to the transformation of old urban areas and to improve the ecological environment, the preservation of heritage.
Housing demolition management according to the demolition and separation of management and demolition, the principle of strict supervision.
Fourth Party shall, in accordance with the provisions of article, giving compensation to dismantled; to be demolished, and the removal of the lessee shall complete the relocation within the time limit.
Demolished in these rules refers to obtain a demolition permit.
Referred to in this provision are relocated, refers to the owner of the House to be demolished.
Lessee in these rules refers to units who have housing rental units and individuals, including historical, realistic unit and individual leased houses to be demolished. Fifth of municipal land and resources, house demolition, and the Housing Authority are the administrative departments, is responsible for implementation of this provision.
Urban housing demolition Administration Office is responsible for the day-to-day supervision and management of the urban house demolition. District and county administrative departments are responsible for the housing area of housing demolition administration.
District and County Administrative Department under the housing urban housing units Management Office is responsible for the day-to-day management of urban housing units within their respective jurisdictions, businesses accept the leadership of the Office of urban housing units management.
Construction, planning, lands, public security, comprehensive urban management enforcement agencies, neighborhood offices and other departments should be in accordance with these provisions, combined with good management of urban house demolition.
Chapter II administration of relocation, house demolition, sixth administrative departments under the town planning and economic and social development reality, is responsible for organizing the preparation of medium-and long-term planning and annual urban housing demolition plans, approved by the municipal people's Government.
City Department of construction, development, change management, as well as the district, the County Government shall, in accordance with their respective functions for creating an investment plan, with the preparation of the annual plan for the urban house demolition.
Article seventh relocation housing units must obtain demolition permits, can be implemented only the demolition.
Eighth article application received housing demolition license of units, should to was demolition housing location of district, and County housing administration sector submitted following information: (a) construction project approved file; (ii) construction with to planning license; (three) State-owned land right approved file; (four) demolition plans and demolition programme; (five) this City Bank issued of demolition compensation placed funds deposits proved. Nineth district and County Housing Administrative Department shall obtain a demolition permit applications received within 30th of, to review the application.
Eligible, after approved by the Office of urban housing units management from district and County Housing issued by the administration of the housing demolition permit; does not meet the criteria of, not issuing demolition permits.
Demolition permit uniformly printed by the Office of urban housing units management.
Party shall, in accordance with relevant provisions and the city paid housing demolition management fees.
Article tenth demolish demolition of housing demolition permit should determine ranges and dismantlement period, implementation of housing demolition.
In the implementation of housing demolition process, absolutely necessary to extend the removal period, the demolisher shall, on the expiry of demolition before the 15th, to district and county administrations apply for extension of demolition for housing, district and County Housing Administrative Department shall respond from the date of receipt of the application in the 10th.
11th demolishes own relocation, you can also delegate access to municipal housing demolition demolition qualification certificate issued by the competent administrative Department (hereinafter referred to as the demolition unit) implementation of demolition.
Urban housing demolition administration authorities, urban housing units Management Office and district and County Housing Administrative Department and district and county offices should not be used as demolition of urban housing units management who shall not accept relocation Commission. Demolition of 12th party delegate, shall be commissioned by the demolition issue a power of Attorney, and a demolition contract.
Demolisher shall from the date of demolition contract entered into in the 15th, demolition contract reported to the district and County Housing Administration Department.
Mandated demolition unit shall not transfer the demolition business.
13th demolition unit staff, through training and examination of relevant laws, business knowledge, qualified before the demolition work. 14th House to be demolished is located in district and County Housing Administration should be since the date of demolition permits issued within the 5th, demolish, demolition range, such as relocation, relocation period, in the form of housing demolition notices are published.
Relocation period shall not be less than 15 days.
Demolition man or the demolition unit should be entrusted by House to be demolished, tenant house demolition policy advocacy, interpretation.
15th demolished by district and county administrative departments in accordance with State-owned land for housing to determine the scope of the approval document ratified.
After demolition range, no unit or individual shall not be demolished the following activities: (a) the new construction, expansion, renovation housing, (ii) changes in housing and land use, (iii) establishment of new rental housing and (iv) changes in home ownership and the transfer of land use rights, and other rights registered. District and County Housing Administrative Department shall on matters listed in the preceding paragraph, notify the authorities suspending the relevant formalities. Written notice of suspension shall include the demolition range, suspended matter and the period of suspension.
Period of suspension shall not exceed 1; demolished necessary to extend the period of suspension, must be approved by the district or County Housing Administration Department, extend the period of suspension shall not exceed 1 year. 16th party and dismantled relocation compensation agreements should be entered into. Demolition of rental housing, relocation shall be demolished, the lessee of housing relocation compensation agreement entered into.
Compensation settlement agreement shall not conflict with the demolition notice.
Demolition compensation placed agreement General including following content: (a) was demolition housing of area; (ii) compensation placed way; (three) currency compensation amount; (four) property replacement housing of basic situation, including housing of locations, and area, and floors, and price and need settled of post, content; (five) relocation term; (six) temporary transition way and transition term; (seven) default responsibility; (eight) dispute solution of way; (nine) party need agreed of other matters.
Demolishing homes in escrow by the Government according to law, relocation compensation agreements should the notary, and the preservation of evidence.
Compensation settlement agreement model established by the urban housing units Management Office. Article 17th compensation settlement agreement, demolishes, housing is not prescribed in the agreement of the lessee's relocation deadline relocation, demolition men can legally apply for arbitration to the arbitration body or to a people's Court.
During the proceedings, the demolisher provide monetary compensation, property rights exchange houses, or of the working space, may request the people's Court according to law to be enforced. Article 18th demolition man and dismantled or demolished, the demolition and relocation of the renter in house relocation announcement is no compensation settlement agreement within the time limit, the party applying for, by district and County, where the House to be demolished housing administration decisions. District and county administrative departments is to be demolished for housing people, by the people's Government at the decision. Decisions should be made from the date of receipt of the application in the 30th.
Award shall include compensation, monetary compensation or basic property rights exchange houses, duration, interim relocation, transition duration, content review and limitation. Party not satisfied with the decision, he may, within 3 months from the date of service of the decision to the Court.
Demolished in accordance with these provisions has been dismantled, the renter to provide monetary compensation, property rights exchange houses, or of the working space, and do not stop execution of the demolition during the proceedings.
More compensation settlement agreement is reached, or a higher proportion, district and County Housing Administrative Department before accepting the award application, shall hold a hearing.
19th to be demolished or tenant relocation of relocation was not completed within the time limit specified in the ruling, the district and County Housing Administration Department report district or county people's Government, after examination by the Legal Affairs Office of district and county governments from district and county people's Government instructed departments concerned forced evictions.
District and County Administrative Department before applying for administrative demolition of housing, shall hold a hearing.
To be demolished or tenant relocation of relocation was not completed within the time limit specified in the decision, or by a housing Administrative Department shall apply to the district and county people's Court for compulsory relocation.
Before implementing the mandatory minimum, matters related to the relocation should be demolished, to a notary evidence preservation.
20th demolition involved in heritage, military facilities, churches, temples and homes in escrow by the Government according to law, shall be handled in accordance with relevant laws, regulations and rules.
Demolition within conservation value are found in construction has not yet been determined for cultural relics, historic buildings, in the case of planning conditions allow, authorities confirmed for protection. Article 21st transfer have not finished building relocation compensation and resettlement projects, building plans, planning, land administration after the approval of the competent authorities, shall be to the district and County Administrative Department for housing demolition permits change procedures. District and County Housing Administrative Department shall be the demolition permit shall be published after the change.
After project transfer and rehousing in the original compensation agreement relating to rights and obligations with the transfer to the transferee.
Project the assignor and assignee shall be notified in writing to be demolished, the lessee, within 30th since the date of the signing of the contract of assignment should be publicly announced.
22nd compensation funds should be used to house demolition compensation shall not be diverted to any other use.
Housing Administration Department should strengthen oversight of compensation funds, storage relocation compensation fund supervises the Bank should assist the housing administration. 23rd article demolition term end, demolition people should will recovered of was demolition housing ownership certificate and land right certificate, sent housing administration sector and land administration sector handle cancellation registration procedures; was demolition people not make back was demolition housing ownership certificate and land right certificate of, by demolition people holding housing demolition license, and demolition compensation placed agreement or administrative forced demolition decided book, and court administrative ruled book,
To the Housing Administration Department and Administrative Department for land ownership and land tenure to cancel the registration.
24th of municipal and district and County urban housing units management offices should establish and improve the housing demolition records management system, strengthen the management of archives of house demolition.
Demolish, demolition units shall establish a demolition project archive, submit the relevant information in accordance with regulations, to accept supervision and inspection.
Chapter III compensation placed 25th relocation compensation can be monetary compensation may also implement a property rights Exchange.
In addition to the provisions set forth in article 28th, 33rd, a dismantled can choose the way of compensation.
Demolition for the construction of key projects involving State and municipal projects in the same location within the targeted resettlement housing and a gross floor area not less than the floor space of buildings to be demolished, mainly in housing property rights Exchange. Article 26th relocation residential housing monetary compensation, monetary compensation in accordance with the House to be demolished the determined position of newly-built commercial housing market assessment, specific implementation measures stipulated by the municipal Bureau of land resources and housing management.
Demolition and agreed by the parties, in accordance with their agreement.
27th relocation compensation for non-domestic currency, monetary compensation should be determined according to the real estate market evaluating prices of houses to be demolished which units allotted land on the non-residential housing, monetary compensation should be assessed according to relocation housing real estate market prices established and land access. 28th the relocation compensation and resettlement implementation of housing property rights Exchange, demolition man and to be demolished shall be demolished the amount of compensation and the replacement of the housing market, settlement of property rights exchange difference.
Demolition of residential houses, amount of compensation is determined according to the provisions of article 26th; removal of non-residential housing, in accordance with the provisions of article 27th determined the amount of compensation.
Adjunct of the non-public housing demolition, no property rights Exchange, monetary compensation is given by party.
29th floor space of the House to be demolished in accordance with the following provisions: (a) public housing in accordance with the terms of the leasing contract specifies rent an area of converted determine; (b) the public non-residential housing, private housing and other housing under the housing ownership certificates shall record the area determined.
Article 30th demolition welfare houses, demolished in accordance with relevant laws and regulations, the regulations and the requirements of urban planning in their reconstruction planning should not be to build on the site, rebuilt or demolished in accordance with the provisions of easy monetary compensation.
31st units rental housing was demolished and housing tenant termination of lease relations, or demolishes the lessee is placed, demolisher was demolished to give compensation. 32nd article demolition implementation Government provides rent standard of public rental housing, was demolition people and housing tenant people on lifted rental relationship up not agreement, which implemented housing property replacement of, property replacement of housing by original housing tenant people continues to tenant, was demolition people should and original housing tenant people again made housing rental contract; implemented currency compensation of, according to following provides implementation: (a) demolition residential housing of, demolition people according to was demolition housing compensation amount of 5% give was demolition people compensation,
In accordance with the amount of compensation is houses to be demolished 95% lessee compensated; (b) the demolition of non-residential housing, demolished in accordance with the demolition of housing real estate market evaluating price 20% demolishes compensation, according to the House to be demolished the assessed value of the real estate market 80% tenant compensation. Article 33rd units non-public rental housing, to be demolished and lessee on termination of lease relations cannot reach agreement, the party imposed should be demolished housing property rights Exchange.
Property rights exchange houses the original lessee continues to lease, shall, together with the original lessee to be demolished again entered into a lease agreement.
34th demolisher is not in accordance with the relocation agreement for compensation and resettlement compensation, demolition man, the lessee may apply to the arbitration according to law the arbitration or a lawsuit.
35th for property right exchange of housing should be in line with national and municipal housing quality and safety standards. Article 36th of housing demolition is not clear or property of people unaccounted for, removal shall present a compensation and rehousing schemes, reported to the district and county administrative departments for examination and approval to implement the demolition of housing.
Before the relocation, demolished a House to be demolished should be preservation of evidence relating to matters to the notary.
37th article demolition has mortgage right of housing, mortgage right people and mortgage people on mortgage right and by guarantees claims of processing for consultations and again signed mortgage agreement, or by mortgage people settlement debt Hou, demolition people party can give was demolition people compensation placed; mortgage right people and mortgage people up not agreement of, by demolition people reference this provides 36th article provides of program implementation demolition.
Article 38th demolishing illegal buildings and over limit of temporary buildings, without compensation; removal does not exceed the limit for temporary buildings should be given adequate compensation, but approval is clear except for no compensation. 39th homes are not built for property rights Exchange, removal and demolition man, House in compensation settlement agreement, the lessee shall clear the transition period.
During the transition period, dismantled or lessee may arrange accommodation temporary transition to arrange accommodation where there is difficulty demolition transition into working capital should be provided with temporary, interim turnover of transition rooms should have basic living conditions.
Transition term from housing demolition announcement announced of demolition term end of day up calculation, and should meet following provides: (a) property replacement housing for multilayer (1 to 6 layer) residential floor of, transition term shall not over 18 months; (ii) property replacement housing for in the senior (7 to 11 layer) residential floor of, transition term shall not over 24 months; (three) property replacement housing for senior (12 to 24 layer) residential floor of, transition term shall not over 30 months;
(D) the property rights exchange houses as a 25-storey residential or non-residential housing, the transitional period shall not exceed 36 months. 40th was demolished or temporary transition of tenant to arrange accommodation, relocation shall be paid monthly provisional resettlement, payment time from the date of removal to provide property rights date of replacement housing.
To be demolished or lessee to use demolition to provide interim of turnover, the demolisher not paid for temporary resettlement. Or lessee to be demolished due to demolition and relocation of residential housing, relocation shall pay a one-off relocation allowance.
Are relocated or lessee during the term of the relocation relocation, demolition man may reward the relocation fee.
41st demolition may be supplemented, the extension of the transition period, use of the working space shall be released back on time turn-around space.
By demolition man's responsibility to extend the transition period, to arrange accommodation to be demolished or lessee shall delay increases 1 time on the month of temporary resettlement; on the use of the working space and shall be overdue pay from the month of temporary resettlement.
42nd due to demolition resulted in loss of production, business non-residential housing, relocation of people should pay appropriate compensation. Fourth chapter removal assessment article 43rd House removal assessments should adhere to legality, independence, objectivity, impartiality, fair and open principles.
No organization or individual shall interfere in the relocation evaluation activities and results. 44th after demolition projects, demolished or accept removal unit should be entrusted to the community release information, real estate appraisal institutions with appropriate qualifications can apply for demolition evaluation. Demolition or commissioned demolition unit should be under the supervision of a notary, take balloting to determine relocation project evaluation Agency.
Take part in the draw of the assessment body shall not be less than 3.
Article 45th assessment results and be demolished location of newly-built commercial housing price gap, district and County Administrative Department shall request demolition for housing or entrusted to the demolition unit to the Tianjin real estate appraisal Expert Committee for technical evaluation.
Article 46th demolishes calls for the House to be demolished in accordance with the real estate market evaluating compensation, should be assessed in accordance with the relevant provisions.
47th article of the municipal real estate appraisal maintain the expert opinion of the evaluation report to the Committee of experts for final assessment conclusions.
Fifth chapter legal liability article 48th demolition failed to obtain a demolition permit, unauthorized demolition of the implementation, by the district or County Housing Administration Department be ordered to stop the demolition, given a warning and had demolished a building area of less than 20 Yuan and 50 Yuan per square meter penalty. 49th demolition people fraudulently obtain a demolition permit from the districts, counties, urban housing units management, Housing Administration reported to the approval of the Office revoked the demolition permit housing and demolition compensation money and fined not more than 1% more than 3%.
50th article demolition people has following behavior one of of, by district, and County housing administration sector ordered stop demolition, give warning, ordered corrected, can and at demolition compensation placed funds 3% following of fine; plot serious of, reported by city city housing demolition Management Office approved Hou revoked housing demolition license: (a) not by housing demolition license determine of demolition range implementation housing demolition of; (ii) delegate not has housing demolition qualification of units implementation demolition of; (three) unauthorized extended demolition term of.
51st entrusted flats demolition the demolition business, by the district or County Housing Administration Department ordered corrective action and confiscate the illegal income, and demolition service demolition contract agreed by fine of 25% more than 50% below. 52nd article by statutory program determine of real estate assessment institutions has following behavior one of of, by city housing demolition administrative competent sector stop its in must term within engaged in housing demolition assessment business, and at 10,000 yuan above 30,000 yuan following of fine; so to demolition party caused loss of, should law bear compensation responsibility; constitute crime of, law held criminal: (a) and demolition party party collusion, damage another party lawful rights and interests of of; (ii) to caters to overestimated or underestimated requirements, and give rebate, and
Malicious down charges, way for not due competition of; (three) violation real estate valuation specification and standard of; (four) out has false records, and misleading sex statement or major missed of valuation report of; (five) times was application identification, by check, does exists problem of; (six) allows others borrowed himself name engaged in demolition assessment activities or transfer, and disguised transfer by delegate of demolition assessment business of.
53rd article housing administration sector has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; plot serious, constitute crime of, law held criminal: (a) not according to provides issued housing demolition license and other approved file of; (ii) issued housing demolition license and other approved file Hou not perform supervision management duties of; (three) on law should investigation of violations not investigation of.
Sixth chapter supplementary articles article 54th enjoy minimum social security benefits family or civil administration periodic pensions and social allowances of quantitative benefits, in line with the provisions of municipal housing being demolished, the lessee, resettlement can be performed in accordance with the relevant provisions of the municipal people's Government.
Provisions 55th article of the hearing procedure in rule, demolition, assessment of specific management measures shall be formulated separately by the Department of municipal housing units.
56th article of the regulations, published, prior to the implementation of the relevant provisions are inconsistent with this provision, is subject to this provision.
Before the implementation of these provisions has been made house demolition permit relocation project, still according to the contents of the original demolition permit to perform. 57th these provisions come into force on May 1, 2007.
The Tianjin Municipal People's Government on November 5, 2002, January 1, 2003 the purpose of the Tianjin urban housing units regulations (2002 municipal people's Government, the 63rd) repealed simultaneously.