Huainan City Urban Housing Units Management

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

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(May 31, 2004 Huainan municipal people's Government at the 11th Executive meeting on June 1, 2004, Huainan municipal people's Government, the 97th released as of September 1, 2004) 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 regulations of the urban housing units management and the management of Anhui Province urban housing units, 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.
    Third party in these measures refers to obtain a demolition permit.
    Dismantled in these measures, refers to the owner of the House to be demolished.
    Lessee in these measures refers to legitimate of the leasing relationship with the dismantled unit or individual.
    Fourth city and County real estate administrative departments to supervise and administer the urban house demolition work within their respective administrative areas (hereinafter referred to as units management sector).
    People's Governments at various levels and functions of departments and agencies shall carry out their duties, common urban housing units management.
    Fifth implementation of this Regulation shall, in accordance with the article demolition demolition; to be demolished, the lessee shall obey the construction of housing, removal of the provisions within the time limit to complete the relocation.
    Second chapter demolition management sixth article demolition housing of units should to demolition management sector proposed written application, while submitted following information, made housing demolition license rear can implementation demolition: (a) construction project approved file; (ii) construction with to planning license or construction project planning design approved programme; (three) State-owned land right approved file; (four) demolition plans and demolition programme; (five) financial institutions issued of demolition compensation placed funds deposits proved.
    Government demolition before they can sell, reserve lands, as removal of housing units of the land reserve, exempt from the preceding paragraph (a), (b) the provision of information.
    Relocation management departments shall, from the date of receipt of the application in the 30th, to review applications; reviewed in line with conditions, issuing demolition permits issued demolition notice.
    Seventh article demolition plans and demolition programme should including following content: (a) demolition range, and way, and term; (ii) demolition range within housing of structure, and uses, and built era, and area, and property produced nationality, basic situation; (three) demolition compensation placed costs estimates, compensation placed funds implementation situation; (four) provides placed room of profile, and plane location figure and measuring price; (five) demolition compensation placed programme; (six) demolition implementation steps; (seven) other need description of matters.
    Article eighth demolished housing demolition permits demolished and dismantlement period, implementation of housing demolition.
    Demolition permit at the expiration of the period specified, the demolisher should stop the demolition activities; to extend the removal period, removal shall, in accordance with the original procedures and approval procedure. Nineth party free to demolition, or Commission has the qualifications of house demolition unit demolished.
    But the use of State funds, the State-financed construction projects, the demolisher shall entrust the demolition, and through way of bidding determines the demolition Unit commissioned.
    Demolition or entrusted with the removal of the unit should be honest, fair and civilized and demolition activities according to law.
    Governments at all levels shall not be used as demolition and relocation management departments who didn't qualify for house demolition unit shall not accept or accept relocation Commission in disguise.
    Demolition of tenth party delegates, should be entrusted with the demolition of concluded contract of demolition and relocation management delegates the demolition contract for the record.
    11th the relocation announcement, demolition within the unit or individual may engage in the following activities: (a) the new construction, expansion, renovation housing, (ii) changes in housing and land use, except as otherwise provided in these procedures, (iii) rental housing.
    Relocation management publishing house demolition notices at the same time, the matters listed in the preceding paragraph should be written notice to the authorities suspending the relevant formalities, period of suspension shall not exceed 1 year necessary to extend the period of suspension, shall, on the expiry of the period of suspension before 15th approval of the relocation management, extend the period of suspension shall not exceed 1 year.
    12th article demolition people should according to following program implementation housing demolition: (a) to demolition range within of units and personal announced demolition compensation placed programme, do publicity, and explained work; (ii) verified housing of property produced nationality, and using status and housing and appendages of real volume, and registration register; (three) and was demolition people, and housing tenant people made demolition compensation placed agreement; on up not demolition compensation placed agreement of, law application ruling; (four) Organization demolition housing, or law application forced demolition.
    13th party shall not be required to be demolished or lessee to move after the relocation compensation agreements.
    Compensation settlement agreement model is provided by relocation management, relocation reference by the parties. Article 14th compensation settlement agreement, dismantled or the lessee within the prescribed period the relocation refused to move, the demolisher may apply for arbitration or litigation.
    During the arbitration, litigation, party may request the people's Court according to law to be enforced. 15th article removal is no compensation settlement agreement by the parties to apply for an award, decided by the relocation management. Demolition was dismantled by management, by the people's Government at the decision. Arbiter shall be referred to the Ministry of construction of the urban housing demolition Administration to rule of the jurisprudence.
    Decisions should be made from the date of acceptance of the application in the 30th. Not satisfied with the decision of the parties, may apply for reconsideration or bring an action according to law.
    Demolisher has been dismantled to give monetary compensation or providing housing, dismantled the lessee has been providing housing, review and do not stop execution of the demolition during the proceedings.
    16th to be demolished or tenant relocation within the time limit specified in the ruling refused to move, demolish the written application, made by relocation management reported to people's Governments at the mandatory minimum decision, or by demolition management apply to the people's Court for compulsory execution.
    Any unit without legal procedure shall not be compulsory relocation shall not be involved in the illegal demolition activities.
    Dismantled refused to receive compensation from demolition men deposited with notary.
    Article 17th party applied for demolition, to units management departments should submit the following information: (a) be demolished or lessee does not agree with the reason for removal, (b) certificates of evidence preservation of the House to be demolished, and (iii) to be demolished or renter provides proof of housing or compensation funds. 18th article administrative forced demolition according to following program handle: (a) demolition management sector accepted forced demolition application Hou, in 10th within proposed forced demolition views, and attached housing demolition license copies, and ruling book, about material reported sibling Government; (ii) city, and County Government received forced demolition views Hou, by review meet forced demolition conditions of, in 10th within made written forced demolition decided, obliges demolition management sector, and city management administrative law enforcement, and police, sector and town government, and
    Subdistrict offices, and other units organized personnel forced demolitions, (iii) demolition and relocation management departments should implement mandatory minimum 7th inform parties involved in the demolition; (d) when the compulsory relocation, implementation of articles should be moved out of the person subjected to execution received; the person refuses to or refuse to move out to the scene, shall have deposited with notary.
    19th in the demolition of housing demolition permit within the time limit, the demolisher not the demolition without relocation or lessees implemented to stop water, electricity, gas and other acts affecting production, life.
    20th house demolition unit prior to the demolition of houses, detailed construction, security plans should be developed, construction of city and county administrative departments; demolished houses, should be civilized construction, construction safety, and accept the relevant departments of the dismantling process of environmental health and safety oversight.
    21st party should open demolition demolition where financial institutions compensation fund special account and deposited funds should in principle not be less than the compensation funds total estimates, the housing can be used to place discount into account. Compensation funds should be used to house demolition compensation and rehousing may not be diverted to any other use. Without the consent of relocation management, relocation shall not use compensation funds, financial institutions not to allocate funds.
    Compensation funds use oversight measures for the demolition and relocation management in conjunction with developed and published by the Administrative Department of finance.
    22nd demolition management departments shall conduct supervision and inspection on urban housing demolition activities, units under inspection shall provide information and data.
    Chapter III compensation and placing 23rd demolition has legal ownership documents of housing, the demolisher dismantled should be given compensation.
    Legal documents provided for in the preceding paragraph, refers to the property, construction project planning permit, real estate cadastre file data or other valid documents.
    Article 24th dismantled illegal buildings and approved more than 2 years lifespan of temporary buildings and temporary business (Booth), without compensation, by its owners since the start of demolition permit relocation within 30th of removal; fails to remove, demolish demolition, removal of material to demolish all.
    Demolition approved for use within the time limit of temporary buildings, relocation shall, in accordance with city and county governments approve Shack monetary compensation benchmark using a combination of the remaining term for monetary compensation. 25th house demolition compensation of monetary compensation or housing property rights Exchange.
    Unless otherwise provided by laws and regulations, selected by the dismantled compensation. 26th to be demolished the structure, purpose and determination of the area, to housing legal documents of record shall prevail.

    April 1, 1990 People's Republic of China city planning method purposes Qian has change housing uses and to change Hou of uses continued using of, was demolition people can since housing demolition license provides of demolition began of day up 5th within to housing property registration sector proposed application; on meet conditions of, housing property registration sector should since received application of day up 10th within give change registration, according to change registration Hou of uses finds.
    27th House to be demolished the monetary compensation, demolition man and dismantled in accordance with city and county governments approved the urban house demolition compensation benchmark of money prices and adjusted coefficients agreed; there is no consensus, according to the real estate market evaluating prices.
    Legal documents of housing interior decoration and acquire land within the appendages, tree, green, monetary compensation, the compensation standards approved by the city and county governments to determine. 28th article property rights Exchange, demolished and dismantled in accordance with the present article 27th calculated demolition monetary compensation and housing prices, settlement of property rights exchange difference.
    New housing construction area should be based on a qualified real estate survey and mapping surveying and mapping of the subject area.
    Adjunct of the non-public housing demolition, no property rights Exchange, monetary compensation is given by party.
    Article 29th demolition public space, urban planning called for its reconstruction, demolition should be given to rebuild; does not require rebuilding, monetary compensation is given by party.
    Article 30th belong to the special difficulties of life to be demolished, the residential housing area to be demolished is lower than cities and counties last year's per capita housing floor space, when implementing the housing property rights Exchange, demolisher shall provide not less than city and County urban residents per capita housing floor space of housing last year. Housing provided in accordance with the provisions of the preceding paragraph, its price is higher than the demolition of monetary compensation, be demolished and houses do not settle the difference.
    Families identified in the preceding paragraph, to city records residence booklet and family member of the Home Department shall prevail but covered family members and to be demolished no immediate family or legal support, upbringing, not found.
    Demolition shall be demolished living and family found in the demolition be publicized, public notice deadline is 7th.
    31st units leased housing, any of the following circumstances, demolisher demolishes compensation: (a) was demolished and housing tenant termination of the lease, (ii) been demolished for housing tenant placement and (iii) be demolished housing rights according to law. To be demolished with lessee on termination of lease relations reached an agreement, the demolisher on persons to be demolished housing property rights Exchange, houses the original lessee to continue to rent.
    To be demolished with the original lessee shall enter into a new lease agreement. 32nd demolished House belongs to the straight pipe houses or units from the tube housing, the lessee may, in accordance with relevant provisions in the House after House, as compensation for demolished.
    Lessees of property right of non-staff, enjoy the benefits of property units and workers.
    Relocation property units in whole or in part of non-residential to residential use, in addition to outside the dormitory, compensation in accordance with the provisions of the preceding paragraph.
    33rd article demolition law mortgage of housing, by was demolition people since housing demolition license provides of demolition began of day up 5th within notification mortgage right people; demolition people according to following provides give compensation: (a) can lifted mortgage contract, or separately set mortgage real of, by mortgage right people written recognized, on was demolition people give compensation; (ii) cannot lifted mortgage contract of, according to legal provides of settlement order for settlement.
    Article 34th demolition Court is implementing housing and demolition compensation funds requested by the people's Court shall be deposited.
    35th House to be demolished has one of the following, from demolition demolition and relocation management of compensation and resettlement programme is being implemented after approval of demolition of: (a) a property dispute; (b) property missing; (c) the housing share of compensation cannot reach a consensus.
    Circumstances listed in the preceding paragraph before the houses be demolished and demolition should be demolished to the notary to handle matters relating to evidence to be preserved.
    Demolition of housing have a right to dispute, or lessee of unaccounted for, reference to Yi、erkuan before provisions. 36th shall, in accordance with the article demolition city and County approved standard pay to be demolished or lessee's gas, phone, cable TV, air conditioning load allowance.
    Moves by the party responsible for loading and recovery facilities, no facility to pay load allowance.
    37th shall, in accordance with the article demolition city and County approved standard pay for housing to be demolished or lessee's relocation allowance.
    Demolition of non-residential housing, relocation by the demolition parties reach a solution through consultation, jointly organized by the parties involved in the demolition move, the costs borne by the demolition.
    Non-residential relocation costs include the following: (a) goods moving costs; (b) the expenses for disassembly, removal, installation, commissioning, (iii) cannot be recovered according to the replacement value of the equipment into a new settlement costs.
    Article 38th of monetary compensation, dismantled the interim transitional period for 6 months.
    Introduction of housing property rights Exchange, with existing homes placed, interim transitional period for 4 months, auction placement, temporary transition period should be a compensation settlement agreement or award for the prescribed period, transitional period of not more than 18 months in residential, non-residential transitional period of not more than 24 months. 39th temporary transitional period, to be demolished or lessee to solve the swing space, relocation shall, in accordance with city and county governments approved standard pay for temporary resettlement.
    Demolish unauthorized extension of the transitional period, since months overdue in accordance with city and County approval of the standard twice times the pay of temporary resettlement; provide swing space was demolished, since months overdue in accordance with city and county governments approved standard pay for temporary resettlement.
    40th production, caused by the demolition of non-residential housing business, during the transition period, demolished in accordance with city and county governments approved a standard cover production, cessation of compensation.
    41st demolishes property rights Exchange to obtain ownership of houses, the houses of an area equal to a floor space of buildings to be demolished part of exemption from taxes; to monetary compensation for the acquisition of housing, housing prices and monetary compensation equal to the amount of the part of the House to be demolished is exempt from taxes.
    42nd demolition involves migration of public facilities or pipeline, its owner should be migrated in a demolition permit relocation period, relocation costs borne by the demolition required. Fourth chapter 43rd demolition assessment needs in accordance with the real estate market evaluating price determine the amount of monetary compensation for housing to be demolished, demolisher determined in consultation with the dismantled a qualified real estate appraisal institutions (hereinafter referred to as rating agencies) to assess the House to be demolished. Select rating agency cannot reach a consensus by the parties, by relocation management drew lots to determine assessment bodies; demolition management departments shall draw lots 2 days before the demolition notice lots of time and place.
    Assessment agency once established, evaluated by the consignment of demolition procedures, and pay the evaluation fee.
    44th assessments institutional assessments imposed on House to be demolished shall observe professional ethics and rules, according to the real estate appraisal standards and time stipulated in the contract, completed operation, it may not transfer valuation business.
    45th article demolition assessment of valuation purpose for housing demolition compensation valuation; valuation object for was demolition housing and the housing occupied range within of land right; valuation points for housing demolition license provides of demolition began of day; used of value standard for city, and County Government approved of city housing demolition currency compensation benchmark price and the regulation coefficient, combined real estate market of fluctuations factors; assessment price should precise to Yuan.
    Article 46th assessment agency implementation, operation and demolition party had obligation to provide the assessment agency demolition necessary to assess the legitimate, true information, and assist in the assessment of body-mapping site. Assessment bodies shall inform the parties involved in the demolition before the survey site.
    Survey the scene, demolishes refused to to the site or reject the assessment, rating agencies can be based on proof of legal ownership of the House to be demolished with appearance of the housing situation assessment and commissioned notary public notary. 47th demolition evaluation price shall practise public announcement system. Assessment agencies upon completion of the assessment, within 2nd public demolition demolition lot evaluation results. Publication contents include the demolition of the name or names, be demolished the location, assessment factors, the basis of evaluation price, appraisal Office address and telephone number, date of publication, and sealed by the seal of the rating agencies.
    To be demolished can be obtained from the assessment agency assessment report, assessment agencies have an obligation to the parties involved in the demolition an explanation of assessment results.
    48th demolition party disagrees with the results of the assessment, since the assessment result announcement date apply to the relocation management within the 10th; relocation Department upon receipt of the application, shall form a real estate appraisal within the 5th accreditation bodies for identification.
    Assessment bodies shall submit to the real estate appraisal institution with the necessary technical information, have an obligation to explain to the accreditation body removal assessment basis, the methods used and the assessment process. 49th demolition Parties applying for identification, appraisal conclusions as the arbiter's findings rested on; fails to apply to assess the results as a basis for ruling authorities ruled.
    Identification the identification of the applicant's expense. 50th fifth chapter legal liability under any of the following acts, by relocation management departments in accordance with the urban housing units regulations of Anhui Province urban housing units management and shall be punished as follows: (a) failure to obtain a demolition permit without authorization and implementation of house demolition, (ii) obtain demolition permits by deception;

    (C) is not in accordance with the demolition of housing demolition permit relocation implementation; (d) the delegate does not have relocation relocation eligible entity; (e) commissioned demolition units without authorization of the demolition operations; (vi) Evaluation Agency of failing to assess the House to be demolished; (VII) unauthorized extension of demolition.
    51st entrusted with the removal and demolition party maliciously to the detriment of the legitimate interests of the other party, shall bear the liability for damages.
    52nd issued by government officials for the parties involved in the demolition of false material, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    53rd refuse, obstruct, insult, battery relocation management staff performing official duties according to law by the public security organs in accordance with the People's Republic of China public security administration punishment regulations are punishable constitutes a crime, criminal responsibility shall be investigated according to law.
    54th article demolition management sector and staff has following behavior one of of, on directly is responsible for of competent personnel and other responsibility personnel give warning or demerit disposition; plot serious of, give remember than until fired disposition; constitute crime of, law held criminal: (a) not law made specific administrative behavior of; (ii) as demolition people or accept delegate demolition of; (three) not law perform supervision management demolition activities duties of; (four) negligence, and abuse, and engages in, and corruption bribery of.
    Sixth chapter supplementary articles article 55th city and County urban housing demolition monetary compensation benchmark prices and price management departments of the adjustment coefficient by demolition, land administration Department, published reported to people's Governments at the same level for approval.
    Cities, counties, urban house demolition compensation, allowances dismantlement administrative departments of the price Administration Department, published reported to people's Governments at the same level for approval. 56th article of the rules take effect on September 1, 2004.
                                                                                                    October 26, 1991, Huainan municipal people's Government published by urban housing demolition regulations repealed simultaneously.

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