Urban Housing Units Management

Original Language Title: 济南市城市房屋拆迁管理办法

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(July 14, 2003, Jinan City, the people's Government of the fourth executive meeting on August 12, 2003, Jinan City people's Government announced order No. 208, come into force on the date of promulgation) Chapter I General provisions article to strengthen the urban housing units management, maintenance of demolition and legitimate rights and interests of the parties to ensure construction projects proceed smoothly, according to the State Department of the urban housing units regulations, the Shandong province urban housing units management 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, needs to be demolished the compensation and resettlement, and these measures shall apply.
    Third party in these measures refers to obtain a demolition permit in accordance with this approach.
    Dismantled in these measures, is the owner of demolished houses.
    The fourth party shall, in accordance with the regulations for granting compensation to be demolished; being demolished, the demolition of houses tenant occupied was demolished and other housing units and individuals, should be moved to complete the relocation within the time limit.
    Article fifth real estate development in Jinan City demolition Management Office (hereinafter referred to as the city develops demolition) is the competent Department of housing demolition, to conduct supervision and management, urban housing units in the urban area.
    Planning, land, housing, public security, industry and commerce, pricing, comprehensive urban management enforcement departments shall, in accordance with their respective responsibilities, in collaboration with municipal development and demolition supervision and administration of the housing demolition.
    Sixth chapter demolition management unit should be issued by the planning and management of construction land use planning permits and drawings, attachment to the municipal development freeze demolition request demolition. Demolition city development should review in the 10th after the receipt of the application; subject to freezing conditions, developed by municipal demolition freeze issued demolition notices.
    Since freeze notices released of day up, freeze range within of units and personal shall not for following activities: (a) housing and appendages of new, and expansion, and alterations; (ii) housing sale, and Exchange, and gift to, and rental, and mortgage, and analysis produced, and breakdown housing rental households name; (three) change housing and land uses; (four) enterprise business registration and institutions, and social groups corporate registration.
    Demolition city development should be set out in the preceding paragraph, notify the authorities suspending the relevant formalities in a freeze frame.
    Article seventh demolition freeze period should not be longer than six months; the employer obtain a demolition permit in a freeze frame, automatically extended to the expiration of a demolition date of the freeze period; freezing units without a demolition permit within a period of, demolition and freeze lifted on their own.
    Eighth article units application housing demolition license, should to city development demolition do 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) handle deposits business of financial institutions issued of demolition compensation, and placed funds proved; (six) property replacement and placed with room proved.
    Municipal development demolition shall from the date of receipt of the application in the 30th, to review applications;, upon examination, to qualify, issuing demolition permits.
    After the owner obtain a demolition permit, removal can be implemented.
    Nineth licenses at the same time housing demolition, demolition city development should be issued demolition notices throughout the demolition, demolition man, demolition, relocation implementation unit range, such as relocation, relocation deadline to be published.
    Tenth relocation must follow a demolition permit demolition range and duration of demolition the demolition, without changing the scope of relocation and extend the removal period.
    Need to extend the removal period, the demolisher shall, on the expiry of the demolition before the 15th, to apply to the city development demolition; city development demolition shall from the date of receipt of the application in the 10th for the answer.
    11th, development, demolition may entrust made demolition demolition qualification certificates issued by units (hereinafter referred to as the demolition unit) implementation of demolition or removal on their own.
    Demolition authorized the demolition, demolition demolition orders issued by the units who have been commissioned, and a demolition contract.
    Receive a demolition unit shall not transfer the relocation business delegate.
    12th demolition and relocation unit within the personnel engaged in demolition work (hereinafter staff) through knowledge of demolition training, examinations, obtain city development staff after the certificate is issued by the demolition, before engaging in demolition work.
    13th relocation deadline specified in the relocation announcement, the demolisher and dismantled in accordance with the provisions of these measures entered into a compensation settlement agreement.
    Demolition according to agreement rental rental housing, dismantled and lessee on termination of lease relations cannot reach agreement, the removal shall be demolished, the lessee of housing relocation compensation agreement entered into down rents of public rental housing provided by the Government, relocation shall respectively be demolished, the lessee of housing relocation compensation agreement entered into.
    Relocation relocation period should be stipulated in the agreement for compensation and resettlement in the demolition notice determines the removal deadline. 14th compensation settlement agreement, dismantled or the lessee during the term of the relocation of the agreement refused to move, the demolisher may apply to the Arbitration Commission for arbitration according to law, or a people's Court according to law.
    Arbitration or litigation during the first party may request the people's Court according to law enforcement. 15th demolition man and was demolished, the lessee of housing relocation deadline specified in the relocation announcement, failed to reached a compensation settlement agreement in accordance with this approach, the parties may apply to the city development written ruling from the demolition.
    Award application no later than the third day deadline should be moved in the future. 16th demolition city development should be 3rd after application had received the award decision the application, serve a copy on the respondent. Being the applicant shall from the date of receipt of the decision a copy of the application to the Court within the 5th respondent.
    The respondent does not submit a reply, do not affect the ruling.
    17th municipal development relocation Office shall adjudicate decisions applications received within 30th of, and service of the ruling party. Not satisfied with the decision of the parties, within three months from the date of service of the decision to the Court.
    Demolished in accordance with the provisions of this approach have been dismantled, the lessee gives compensation, rehousing and providing working space, and an action within the limitation period does not stop execution of the ruling.
    18th to be demolished, the lessee of housing relocation does not move within the time limit specified in the ruling, developed by municipal demolition, public security departments, in conjunction with the forced relocation, and demolition applications developed by the city people's Court for compulsory relocation.
    Illegal construction and the removal of the temporary building using globe will still refuse to move, developed by municipal demolition, public security departments, in conjunction with the forced relocation.
    Before implementing the forced relocation, demolition and related matters shall be the demolition of houses, the notary evidence preservation.
    19th demolition involved in military facilities, churches, monasteries, cultural relics and historic sites, shall be handled in accordance with relevant laws and regulations.
    20th units within the housing and its appendages, human tissue removed from demolition, and caused by the demolition of houses, roads, green building (structures) and incomplete facilities repair and sanitation and so on. 21st demolisher shall from the date of expiry of the demolition in the 30th to the demolition request demolition city development and acceptance. Demolition city development should be acceptance from the date of receipt of the application in the 5th. Acceptance, developed by the city issued demolition demolition acceptance certificate.
    Unqualified acceptance, developed by city demolition order rectification.
    Acceptance certificate without demolition construction projects, construction management Department shall not apply for a new project for the procedure.
    22nd demolish demolition date of the acceptance certificate shall made in the 15th, house demolition permits and demolition acceptance certificate holders, to the municipal property management Department to deal with the housing registration. 23rd transfer construction projects that have not completed the relocation compensation, should the consent of city development demolition, rehousing in the original compensation agreement relating to rights and obligations with the transfer to the assignee.
    The assignor and the assignee shall be notified in writing of the project to be demolished, and the 30th as from the date of the signing of the contract of assignment should be publicly announced.
    24th perform demolition demolition compensation funds should be used to house demolition compensation shall not be diverted to any other use.
    Demolition city development should strengthen oversight of compensation funds.
    25th city developed demolition shall establish and perfect the relocation file management system, strengthen the management of demolition records. Chapter III compensation and resettlement of the 26th article removed not rental housing, the demolisher dismantled should be monetary compensation or implementation of property rights transfer.
    People choose to be demolished housing property rights Exchange, should receive housing from the demolished; do not accept units providing housing, monetary compensation.
    27th article removed not implemented housing rental housing property rights Exchange, demolition man and dismantled settlement of monetary compensation should be the amount with the replacement of the difference between the home's value.
    28th dismantled according to agreement rental rental housing was demolished and housing tenant removes the lease relationship or to be demolished for housing tenant placement, removal shall be in accordance with these measures removing provisions that are not leased, was demolished for compensation and resettlement. Be demolished and housing tenant cannot lift rental, removal shall be in accordance with these measures remove not rental property rights exchange provisions, imposed on the dismantled House 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.
    29th demolition of residential houses of monetary compensation, the monetary compensation is calculated as: residential housing monetary compensation = average price of residential housing market assessment x (1+ adjustment factor) x area.
    Average price of residential housing market assessment agency under demolished houses housing location, type of building, housing and other factors identified, the City developed demolition after filing, published in the demolished.
    Adjustment coefficient according to the actual situation of old and new houses in the assessment unit within 2% determines, not including housing service life depreciation. To be demolished (or public housing tenant) to determine the amount of monetary compensation disagreement, may apply to the demolished a separate assessment; demolished after receipt of the application, shall entrust the original demolition assessment mechanism for evaluation.
    Individual assessment, the monetary compensation amount is determined according to the House alone to assess the value. Article 30th dismantled as stipulated in the Government rents of public rental housing, lease termination. Demolition shall be demolished monetary compensation, demolition of houses as cottages and simple buildings, its monetary compensation for the amount of residential housing under article 29th of this approach of monetary compensation 10%; by the demolition of buildings of 15%. Relocation of people should also be imposed on the lessee of monetary compensation or rehousing. Lessees choose monetary compensation, demolition of houses as cottages and simple buildings, its compensation schemes based on the 29th House compensation provided for in article 90%, by the demolition of buildings of 85%.
    Lessees choose housing should receive housing from the party, and with the party to settle the monetary compensation and resettlement for the difference between the home's value, closing after the post the property tenant-owned housing.
    31st dismantling does not let private residential housing and rents of public rental housing in accordance with Government, dismantled and public housing tenant cannot settle property rights exchange houses or housing and monetary compensation for the difference between the amount of demolition shall be given proper care.
    Article 32nd removed without rental of non-residential housing monetary compensation, its currency the amount of compensation according to the location, uses, housing floor space and other factors, determination of assessed value of real estate market. Article 33rd dismantled as stipulated in the Government non-residential rents of public rental housing, lease termination. Demolisher shall respectively be demolished, the lessee of monetary compensation.
    Demolishes the amount of monetary compensation for the housing market to assess the value of 30%; the lessee of monetary compensation for the housing market to assess the value of 70%. Assessment of the 34th was the demolition of houses, commissioned by the demolished by the municipal development evaluation agencies approved by the demolition.
    Demolition party disagrees with the results of the appraisal, after receiving assessment results, can apply to the rating agencies in the 5th complex applications for complex, subject to complex reassessment.
    35th demolisher of rehousing should be provided clear property rights, no right to burden, and in accordance with the plan of support requirements and architectural quality, safety and technical standards.
    Demolish the value of housing provided and developed by municipal demolition approved evaluation agency determines, in principle, shall be not less than the amount of monetary compensation as provided herein, demolition man and dismantled or demolished housing tenants except by consensus. 36th demolition of residential houses decorated part of the compensation criteria, determined by the assessment body according to decorate class and into a new, dismantled or the lessee may apply to the assessment of housing renovated part of the assessment, based on assessment to determine the amount of compensation.
    The demolition or removal of the lessee, not assessment and compensation. 37th demolition of non-public housing-like appendages, demolish the monetary compensation of the dismantled.
    Demolished appendages demolition set compensation standards by the municipal development, submitted to the municipal people's Government announced after the execution.
    Article 38th of demolition for public welfare housing and its appendages, removal shall be in accordance with relevant laws and regulations and the requirements of urban planning to rebuild, or in accordance with the measures removed non-monetary compensation under the public housing and its appendages. 39th demolishing the illegal building and exceeded the approved duration of temporary buildings, without compensation; removal does not exceed the limit for temporary buildings, by the party in accordance with its reset to new values combined with the residual limit for monetary compensation.
    No limit for temporary buildings, their approval by two years to determine.
    40th party should be demolished or lessee to pay relocation allowances.
    Demolition to provide property rights exchange houses and housing is to be built or under construction housing, demolition and relocation compensation in the settlement agreement should be agreed by the parties the transition period; the dismantled or lessee to arrange accommodation, the demolisher shall pay the temporary resettlement.
    Caused by the demolition of non-residential housing production, closure, demolition should be demolished or appropriate compensation to the lessee.
    Relocation assistance fees provided for in the first paragraph of this article, second paragraph of standard temporary resettlement, production, cessation of compensation standards of the third paragraph, by establishing demolition city, submitted to the municipal people's Government announced after the execution.
    Demolisher relocation deadline given to the demolition notice signed relocation compensation agreements and to complete the relocation of the dismantled or lessees, according to relocation bonus.
    41st is demolition of building area is subject to the housing containing the area; housing contained in area housing survey and mapping does not match the actual legal floor area, housing survey and mapping actual legitimate area of the measurement date.
    Demolition by municipal government provides rent standard points households tenant of public housing, each households tenant housing of area by tenant card contains ming of area for associate; by area tenant of, each households tenant housing of area by tenant card contains ming of area corresponds to of area calculation, its conversion formula for: each households tenant housing of area = the households tenant card contains ming of area x whole building housing area and area of ratio.
    42nd demolition of houses confirmed as non-domestic shall also satisfy the following conditions: (a) approved by the planning of the use for non-residential or urban planning before the control has completed the initial registration for housing purposes to non-residential (ii) housing housing purposes set forth for non-residential purposes, (iii) freezing of demolition according to law when used by non-residential use. Article 43rd demolition of unknown ownership housing, relocation of people should come up with the compensation and resettlement programmes, reported to city development approval of the demolition demolition.
    Before the demolition, removal shall be demolished housing preservation of evidence relating to matters to the notary.
    44th houses for demolition with the mortgage, the mortgagor and the mortgagee shall, in accordance with national laws and regulations relating to mortgage-backed, to reach consensus on human rights and the treatment of secured claims and written agreements to the demolisher, demolished in accordance with their agreements.
    The mortgagor and the mortgagee cannot reach agreement, the monetary compensation, relocation shall be deposited with a monetary compensation to the notary.
    Chapter fourth penalty 45th article violates these rules, did not obtain a demolition permit, unauthorized demolition of implementation, consists of comprehensive urban management enforcement agencies ordered to stop demolition and give a warning, and has demolished a building area of less than 20 Yuan and 50 Yuan per square meter fines.
    46th removal violates the rules by fraudulent means to obtain a demolition permit, consists of comprehensive urban management enforcement authority shall revoke the demolition permit relocation compensation money and fined not more than 1% more than 3%.
    47th article demolition people violation this approach provides, has following behavior one of of, by city management integrated law enforcement organ ordered stop demolition, give warning, can and at demolition compensation placed funds 3% following of fine; plot serious of, revoked housing demolition license: (a) delegate not has demolition qualification of units implementation demolition of; (ii) not by housing demolition license determine of demolition range implementation housing demolition of; (three) unauthorized extended demolition term of.
    48th entrusted the demolition violates the regulations, transfer of demolition operations, consists of comprehensive urban management enforcement agency ordered corrective action and confiscate the illegal income, cost of relocation services and a contract of 25% up to 50% the fine.
    49th article city development demolition do 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.
    50th siege, abuse, battery housing demolition management, demolition and relocation of staff personnel, affecting the normal work order, by the public security organs in accordance with the People's Republic of China administrative penalties administrative penalties for public security Ordinance constitutes a crime, criminal responsibility shall be investigated according to law.
    Fifth chapter supplementary articles article 51st housing demolition management regulations and housing units management implementation, developed by municipal demolition according to the city's development, submitted to the municipal people's Government announced after the execution.
    The 52nd in Changqing district, County (City) implemented on State-owned land within housing demolition in city planning area, and need to be demolished the compensation and resettlement can adopt these measures. 53rd these measures come into force on the date of promulgation. On April 1, 2002, Jinan City, Jinan City people's Government promulgated the urban housing units regulations repealed simultaneously.
        Urban building demolition that occurred before the implementation of these measures, according to the original demolition regulations.