Urumqi Urban Housing Units Management

Original Language Title: 乌鲁木齐市城市房屋拆迁管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(July 12, 2004 in Urumqi, the people's Government of the 14th General Meeting September 2, 2004 to 58th, published since October 5, 2004, the people's Government of Urumqi City) Chapter I General provisions article I-enhance the management of urban housing units, maintaining the legal rights of parties involved in the demolition to ensure construction projects proceed smoothly, according to the urban housing units regulations and related laws and regulations, combined with the city's actual, these measures are formulated.
    Article on State-owned land in the urban planning area of this municipality implement housing units, and need to be demolished the compensation and resettlement, and these measures shall apply.
    Urban house demolition article III must comply with town planning, urban renewal and environmental improvement, protection of heritage and monuments.
    Fourth Party shall, in accordance with the regulations, give compensation and resettlement to be demolished; was demolished during the relocation period should be to complete the relocation.
    Demolished in these measures refers to obtain a demolition permit.
    Dismantled in these measures, refers to the owner of the House to be demolished.
    Fifth of municipal housing authority is the Administrative Department of urban housing demolition work (hereinafter referred to as competent administrative Department of municipal housing units), its urban housing units Management Office commissioned by the municipal departments of housing demolition administration in charge of housing demolition management.
    Urban construction, planning, public security, industry and commerce, and land resources, administrative law enforcement departments should be within the scope of their respective duties, in collaboration with good management of housing demolition.
    Sixth chapter demolition management relocation housing units made after the demolition permit, before demolition.
    Seventh article application received housing demolition license of, should to city housing demolition administrative competent sector submitted following information: (a) demolition applications; (ii) demolition plans and demolition programme; (three) construction project approved file; (four) construction with to planning license; (five) State-owned land right approved file; (six) handle deposits business of financial institutions issued of demolition compensation placed funds proved. Eighth article demolition applications, and demolition plans and demolition programme should clear following matters: (a) construction project of basic situation; (ii) demolition range, and demolition way, and compensation way, and demolition term; (three) was demolition housing status; (four) is expected to implemented currency compensation and property replacement compensation of area, compensation placed funds estimates; (five) placed way, and transition way, and transition term and the can provides of transition swing space number, and standard and locations; (six) demolition range within by provides should to retained of housing, and
    Protection of green space and other facilities.
    Nineth of municipal housing demolition administration authorities shall from the date of receipt of the application in the 30th, to review applications; reviewed in line with conditions, issuing demolition permits.
    Tenth of municipal housing demolition demolition permits are issued at the same time by the Administrative Department shall issue a demolition notice.
    House demolition notices shall contain the project name, demolition man, demolition range, such as demolition, demolition, permit number and posted throughout the demolition.
    11th demolish demolition of housing demolition permit should determine ranges and dismantlement period, implementation of housing demolition. Demolition permit the demolition period not exceeding 1 year.
    Need to extend the removal period, the demolisher shall, on the expiry of the demolition before the 15th, to the urban house demolition postponed demolition to the administrative authorities to apply for City house demolition postponed demolition applications received competent administrative departments shall reply within 10th of; granted extension of demolition, should republish the relocation announcement.
    12th demolition people own demolition, may also entrust have relocation relocation eligible entity. 13th party delegate removal, 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, the demolition contract submitted to the Municipal Department of housing demolition administration record.
    Was commissioned by house demolition unit shall not transfer the demolition business.
    Municipal Department of housing demolition administration shall not be demolished shall not accept relocation Commission.
    14th demolition range determined, demolition within the units and individuals shall carry out the following activities: (a) the new construction, expansion, renovation housing, (ii) changes in housing and land use, (iii) rental housing. Urban housing demolition administration departments on matters listed in the preceding paragraph, notify the authorities suspending the relevant formalities. Written notice of suspension shall include the period of suspension.
    Period of suspension shall not exceed 1; demolished necessary to extend the period of suspension, must be approved by the competent administrative Department of municipal housing units, extend the period of suspension shall not exceed 1 year. 15th the relocation announcement, demolition, construction should be stopped in the context of construction.
    Demolition and they can go to a notary evidence preservation.
    16th article was demolition people in demolition range determine Qian, has following behavior one of of, should in demolition announcement provides of term within to about sector application handle related procedures: (a) without city planning, and land resources, administrative competent sector license change housing planning with to nature of; (ii) change housing building area, and change housing ownership, and land right interests status,, not by provides handle ownership change registration of; (three) not by provides will housing rental contract registration record of. To meet the required conditions, the relevant departments should be approved and the alteration, registration formalities.
    Relocation shall, in accordance with the change, the registration of the housing situation in their compensation.
    17th demolisher and dismantled in accordance with the regulations, make relocation compensation agreements.
    Units leased housing, relocation shall be demolished, the lessee of housing relocation compensation agreement entered into.
    18th City Department of housing demolition administration escrow demolition of housing needs, compensation settlement agreement must be approved by the notary, and the preservation of evidence.
    Article 19th relocation compensation and settlement agreement signed by the parties after the entry into force to be demolished shall be demolished house ownership and land use right certificate referred to demolish the cancellation of registration. 20th to be demolished or lessee in demolition and relocation within the period stipulated in the agreement for compensation and resettlement have refused to move, the demolisher may apply to the Arbitration Commission for arbitration according to law, or a people's Court according to law.
    During the proceedings, party may request the people's Court according to law to be enforced. 21st demolisher and dismantled or demolished, demolition man and the lessee no compensation settlement agreement, the Parties apply the Department of municipal housing demolition administration decisions.
    Urban housing demolition is to be demolished by the Administrative Department, decided by the municipal people's Government. Article 22nd decision requested authority shall serve a copy of the application the respondent and organization of the verdict hearing; a party refused to attend the hearing, does not affect the ruling.
    Decisions should be made from the date of receipt of the application in the 30th. 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 the provisions of this approach have been dismantled to give monetary compensation or resettlement, of the working space provided, do not stop execution of the demolition during the proceedings.
    Article 23rd to be demolished or lessee does not move within the time limit specified in the ruling, forced relocation by the municipal people's Government instructed the relevant Department, or by the competent administrative Department of municipal housing units in accordance with the people's Court for mandatory minimum.
    Before implementing the forced relocation, demolition and related matters shall be the demolition of houses, the notary evidence preservation.
    24th demolition involved in military facilities, underground buildings, churches, monasteries, cultural relics and historic sites, as well as foreign embassy housing, shall be handled in accordance with relevant laws and regulations.
    Demolition needs to be migrated tree, pipeline and other facilities, the demolisher shall first contact the relevant competent authorities or equity units, and in accordance with the relevant regulations. 25th perform demolition demolition compensation funds should be paid into the bank accounts, and used to house demolition compensation shall not be diverted to any other use.
    Urban housing demolition Administration Department should strengthen the use of compensation funds oversight and management. 26th has not yet completed the relocation compensation and settlement of transfer of construction projects shall be agreed by the competent administrative Department of municipal housing units, rehousing in the original compensation agreement relating to rights and obligations with the transfer to the assignee. Assignee shall, house demolition, and administrative departments, financial institutions sign a new agreement on paying relocation compensation and resettlement funds.
    The assignor and the assignee shall be notified in writing of the project to be demolished, and within 30th since the date of the signing of the contract of assignment should be publicly announced.
    27th demolished since the end of the demolition work in the 30th to the Municipal Department of housing demolition Administration submitted the relocation file directories and related information.
    Urban housing demolition administration authorities shall set up and perfect the relocation file management system, strengthen the management of demolition records.
    Chapter III compensation and placed 28th party shall, in accordance with the rules give compensation to be demolished. Demolition of illegal buildings and in excess of the approved duration of temporary buildings, without compensation.
    Removal does not exceed the limit for temporary buildings, temporary approval of the remaining period divided by the provisional construction approval period, multiplied by the provisional construction cost calculation the amount of compensation.
    Article 29th compensation can be monetary compensation may also implement a property rights Exchange.
    These measures are in addition to article 36th, 40th, outside the provisions of the second paragraph of article, people can choose the way the compensation to be demolished. Article 30th monetary compensation, relocation compensation agreements should include the following elements: (a) the compensation amount, method of payment, terms of payment, (ii) duration of relocation, relocation allowance amounts and payment terms, (iii) breach of contract and dispute resolution method and (iv) other provisions of the contract.

    31st article implemented property replacement of, demolition compensation placed agreement should including following content: (a) property replacement housing of locations, and floors, and location, and type, and structure, and area; (ii) relocation term, and relocation grants fee and the relocation transition way, and transition term; (three) temporary placed subventions, and discontinued closed subventions of calculation, and paid way and the paid term; (four) placed housing of delivered time and notification way; (five) property replacement post of settlement term; (six) default responsibility and the disputes of solution method
    And (VII) other provisions of the contract.
    32nd interests of being demolished, floor space, status, subject to the certificate of house ownership records; certificate of house ownership records for residential, non-residential use, according to the actual use of residential and non-residential building area of compensation respectively; not differentiated, construction area of residential and non-residential 50% be compensated.
    Temporary construction area to municipal planning document approved by administrative authorities records shall prevail.
    33rd the amount of monetary compensation, according to the House to be demolished the location, purpose, structure, area (including share of total construction area), floor and other factors, market appraisal of real estate prices.
    House to be demolished installations of telephones, cable TV, gas pipelines and other facilities shall be compensated in accordance with current installation costs.
    Dismantled compensation for planting trees, flowers, green, with reference to the relevant provisions.
    34th urban housing demolition administration authorities shall regularly inform the public with the appropriate level of qualification and evaluation institutions of the society in good standing, for demolition parties. 35th dismantlement valuation institutions should be open and transparent, take votes, or draw for the parties involved in the demolition, to be demolished.
    Evaluation bodies identified, relocation shall, together with the valuation institutions sign a written evaluation the Commission contract, and pay the evaluation fee. Demolition party disagrees with the results of the assessment, you can apply to the valuation Agency to review the valuation, you can also entrust an evaluation Agency.
    Demolition party disagrees with the results of the second assessment, can apply for the City Department of housing demolition Administration organized expert assessment, technical appraisal.
    Article 36th housing property rights Exchange, the demolisher and dismantled in accordance with the provisions of the first paragraph of this article 33rd, calculate the amount of compensation be demolished and replaced by housing prices, settlement of property rights exchange difference.
    Adjunct of the non-public housing demolition, no property rights Exchange, monetary compensation is given by party.
    37th units provide property rights exchange of housing shall comply with national quality and safety standards and design specifications.
    Removal shall not be used for property rights Exchange homes for sale, lease, mortgage, or used to pay off debt.
    Article 38th demolition welfare housing, relocation shall, in accordance with relevant laws and regulations and the requirements of urban planning to rebuild, or monetary compensation. 39th production with the article demolition, demolition and reconstruction shall be granted according to the requirements of urban planning, or monetary compensation.
    Cost of rebuilding exceeds the amount of compensation, borne by the enterprise to be demolished.
    40th units rental housing was demolished and housing tenant termination of lease relations, or demolishes the lessee is placed, demolisher compensate dismantled. To be demolished with 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 of the lessee, shall, together with the original lessee to be demolished again entered into a lease agreement. 41st removal there is no proof of property rights, property rights disputes of unknown or undetermined heritage belonging property houses and property missing house demolition shall be commissioned by the evaluation agency assessment, compensation and rehousing schemes proposed, submitted to the municipal housing units for examination and approval by the Administrative Department to implement the demolition. Before the relocation, demolished a House to be demolished should be preservation of evidence relating to matters to the notary.
    House to be demolished after clear property rights or property owner verified the whereabouts, relocation shall, in accordance with compensation and rehousing schemes for compensation and resettlement.
    42nd with the article demolition of mortgage housing, in accordance with the relevant national security law enforcement. Article 43rd house demolition of the transition period, by demolisher determined in consultation with the dismantled. Transition period from demolition and relocation calculated from the due date of the announcement, construction projects as high, the transition period shall not exceed 18 months; construction projects for senior, the transitional period shall not exceed the reasonable duration of construction projects.
    Demolition may be supplemented, the extension of the transition period.
    Dismantled or lessee of real transition period, calculated from the date of the completion of the relocation until the date of fetch. Article 44th transitional period to be demolished, the lessee of housing to solve the swing space transition.
    Cannot sort itself out of swing space, resolved by the party. Demolisher of swing space must be provided with basic living conditions such as water and electricity.
    Swing space shall timely make use of swing space back.
    Article 45th transitional period being demolished, the lessee to resolve transition of swing space, demolish the temporary resettlement shall be paid; the dismantled or lessee to use demolition to provide swing space, the demolisher not paid for temporary resettlement.
    By demolition man's responsibility to extend the transition period, demolished since the month of late, to sort itself out of swing space transition to be demolished or provisional resettlement housing tenant paid double; users of swing space, temporary resettlement.
    Article 46th demolition shall be demolished or lessee of a one-off houses demolished and the handling, time off, relocation allowance.
    47th demolition imposed non-domestic property rights Exchange, the demolisher to be demolished during the property rights Exchange shutdown, closure caused a direct economic loss of compensation.
    48th of municipal housing Administrative Department shall, in conjunction with sectors such as development plans based upon the housing rental market determined and announced a temporary resettlement criteria and adjust.
    49th fourth chapter legal liability article violates these rules, did not obtain a demolition permit, unauthorized demolition of the implementation, by the municipal administrative authorities shall order to stop demolition of house demolition, given a warning and have been demolished by an area of more than 20 Yuan per square meter of less than 50 Yuan fine.
    50th party in violation of the regulations, fraudulently obtain a demolition permit, the Department of municipal housing demolition administration revoked the demolition permit housing and demolition compensation money and fined not more than 1% more than 3%.
    51st article demolition people violation this approach of provides, has following behavior one of of, by city housing demolition administrative competent sector ordered stop demolition, give warning, can and at demolition compensation placed funds 3% following of fine; plot serious of, revoked housing demolition license: (a) not by housing demolition license determine of demolition range implementation housing demolition of; (ii) delegate not has demolition qualification of units implementation demolition of; (three) unauthorized extended demolition term of.
    52nd entrusted the demolition violates the regulations, transfer of demolition business, by the urban housing demolition administration authorities shall order rectification, confiscate the illegal income, cost of relocation services and a contract of 25% up to 50% the fine.
    53rd other acts in violation of these regulations shall be given administrative punishment, in accordance with the relevant laws and regulations will be punished.
    54th article city housing demolition administrative competent sector violation this approach provides issued housing demolition license and other approved file of, issued housing demolition license and other approved file Hou not perform supervision management duties of, or on violations not investigation of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; plot serious, led public property, and national and people interests suffered major loss, constitute crime of, law held criminal.
                                                                                        Chapter fifth supplementary provisions 55th article of the measures come into force October 5, 2004.