Implementation Measures For The Urban House Demolition Compensation Assessment Management In Chengdu

Original Language Title: 成都市城市房屋拆迁补偿评估管理实施办法

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(September 26, 2003, Chengdu municipal people's Government Executive meeting of the 2nd review by Chengdu municipal people's Government makes 100th release, October 16, 2003) first in order to regulate the urban house demolition Compensation Act, protect legal rights of parties involved in the demolition to ensure house demolition carried out smoothly, according to the State Council regulations on urban housing units management and the management measures of urban house demolition compensation evaluation in Sichuan province, Chengdu city, combined with the actual, these measures are formulated.
    Article on urban house demolition compensation assessment within the administrative area of the city, should comply with these measures.
    Third article was demolition housing in Jinjiang, and qingyang, and Taurus, and Marquis, and Chenghua district (containing high-tech district) within of, engaged in housing demolition compensation assessment of real estate valuation institutions (following referred to valuation institutions), should has II level above qualification grade, and to city property authority record; was demolition housing in other district (City) County of, engaged in housing demolition compensation assessment of valuation institutions, should has three level above qualification grade, and to local property management sector record.
    Fourth house demolition compensation assessment into the House to be demolished and the classification of housing-assessment and evaluation. Classification assessment refers to assessment organization according to the House to be demolished and housing location structure, classification, and taking into account the environment, facilities, other relevant factors, the average price of the real estate market assessment.
    House to be demolished part of the building, should be stratified by floor assessment.
    Household assessment refers to assessment organization based on House to be demolished and housing location, purpose, structure, area,, direction, new floors, decoration, environment, facilities and other factors according to the assessment of the real estate market.
    Facilities referred to in the preceding article refers to the outdoor facilities.
    Fifth House to be demolished shall classify assessment scale demolition demolition projects in ten households, household assessments regrouping and housing should be classified assessment, sporadic placed non-residential housing and housing to implement individual assessments. Sixth classified assessment, assess agencies in the following manner: after party obtain a demolition permit shall be in the County more than newspapers or television to notice apply valuation organizations are invited to participate in assessment. Appraisal institutions should apply at the same time send a copy of the housing demolition and relocation management departments.
    Demolished in house demolition kickoff after all truthfully described on the registration assessment organization, determined by drawing lots on the spot appraisal institutions, when necessary, may request the notary notarized. Only one or no valuation applied to take part in evaluation of agencies, specified by the housing demolition management more valued institutions take part in the draw, assess institutions.
    Evaluation agencies are reluctant to accept the specified ballot shall be refused in writing in a timely manner, specified separately by the housing demolition management appraisal institutions take part in the draw.
    Appraisal institutions identified, relocation shall, together with the value entered into an agency evaluation contract.
    Article seventh scale demolition 10-following the introduction of family assessment, consultation by the demolition man and dismantled or by the drawing of lots to determine assessment organization.
    Eighth under any of the following circumstances unable to proceed, determine by the drawing of the valuation institutions commissioned assessment contract can be terminated and the work already completed and shall be entitled to request client shall pay the appropriate fee: (a) demolish the valuation assessment activities of illegal intervention, (ii) demolish the other violations, (c) force majeure. After the termination of the contract, and demolished again in other application assessment organization drew lots to determine the valuation agency compensation assessment has not yet been completed.
    Demolisher demolishes representatives should be invited to participate in a new draw, if necessary, invite the notary notarized. Nineth drawing or consultation appraisal institutions must adhere to the principle of openness, justice.
    No demolition parties, appraisal agencies take malicious collusion or other improper means to assess Agency. Tenth house demolition after the license was issued, the demolition of the Parties shall determine valuation Agency in the 30th.
    But except for the same project implemented in phases by phases. 11th urban housing units (including housing) assessment of compensation point for demolition date of licensing.
    But the same project implemented in phases by phases and more than 12 months before and after the interval, and each issue (above) house demolition kickoff meeting point for the assessment on the date. 12th appraisal institutions or personnel was demolition parties, or parties involved in the demolition has an interest, should be avoided.
    Withdrawal application consistent with avoiding request demolition parties, housing demolition management departments should be required to withdraw.
    13th appraisal institutions accept delegation should be allowed to complete the assessment business, entrusted with the assessment of the business may not be transferred, changed to transfer or to delegate. 14th appraisal agencies and their valuers shall strictly implement code for real estate appraisal and valuation of urban house demolition compensation rules in Chengdu, objective and impartial evaluation. Evaluation should be from a market comparison approach, income approach, costing method in the selection of two or more, and the result weighted average; you cannot use two methods of assessment, should be justified in the evaluation report.
    Market comparison approach, in the selection of assessment methods must have a market comparison approach.
    Urban house demolition compensation rules of valuation in Chengdu, Chengdu City real estate board.
    15th appraisal agencies and their personnel shall not intentionally reduce or raise the assessed value shall not collude with party damages the legitimate interests of the other party, shall not fabricate results, may not be in violation of the relevant provisions of the standards on charges or fee increase. Before the 16th evaluation institutions to enter the assessment, should be disclosed to the parties involved in the demolition assessment arrangements. Demolition parties shall support and coordinate evaluation institutions to carry out assessments.
    Demolition parties deliberately obstruct or without justification does not meet the valuation of institutions to carry out assessments, should assume the corresponding responsibility. Article 17th Valuation Office shall delegate assessment assessment within the time stipulated in the contract, in parallel with the assessment report delivered the principal should be posted at the demolition site classification assessment results, and report the assessment results CC housing units Management Department.
    Demolition parties to claim access to evaluation reports, appraisal agencies should facilitate, refuse and have an obligation to explain the question of parties involved in the demolition. Article 18th valuation institutions liable for the assessments.
    Demolition parties and any other unit or individual may illegally interfere valuation Agency's assessment and evaluation results. Article 19th auction approved for resettlement, plan, planning, land use, such as examination and approval procedures and clearly completed after the date of delivery, assessment can be made, housing and acceptance, and then reassess and settlement. Reassessment date of value generally is subject to demolition date of licensing.
    But the same project implemented in phases by phases and more than 12 months before and after the interval, and each issue (above) date of demolition kickoff meeting to reassess the date of value.
    Article 20th in buying housing property rights Exchange settled at the post, assessment of the housing price is lower than the purchase price, the evaluation price shall prevail above the purchase price, the purchase price shall prevail.
    Article 21st of the same demolition project was demolished and housing prices, generally should be entrusted to bodies to evaluate the same valuation, but the same project phases implemented in phases and except for more than 12 months before and after the interval. Classification assessment article 22nd House to be demolished, demolition parties in order to assess the results as a benchmark, combined with factors such as home improvements negotiated compensation amount for the House to be demolished.
    Classification evaluation of concentrated housing, according to the classification of assessment factors determine the price of housing prices combined with floor.
    Be demolished, non-residential housing or sporadic household assessments of housing to implement, according to the results of the assessment to determine the price. Article 23rd classification assessment price of the demolition parties refer to the House to be demolished, on the amount of compensation cannot reach agreement, be demolished household assessments of the amount of compensation to prices. Household assessed valuation agencies jointly commissioned by demolition parties after consultation, the consultation fails, you can take in the valuation list put forward by both parties determined by drawing lots. Deemed necessary by the parties, may apply to the notary.
    Appraisal institutions must not accept unilateral demolition parties delegate to a household assessment in house to be demolished. 24th demolition parties based on individual assessment results to be demolished no agreement is reached the level of compensation to apply to the housing demolition management decision of the housing demolition Administration Agency's assessment of valuation methods and assessment procedures be reviewed, if necessary, hire an expert to assist in the review.
    In conformity with the provisions, the results of the assessment as a basis for decision; do not meet requirements, shall order the original valuation Agency to re-evaluate or specify the valuation assessment, the costs borne by the original valuation Agency. House to be demolished in a household assessment before entering the adjudication process is not, after entering the adjudication process, housing demolition Management Department shall specify the valuation authority household assessments of the House to be demolished, and to evaluate the results as a basis for decisions.
    But dismantled accepted classification findings of the House to be demolished, you can no longer make individual assessments.
    During the 25th award, be demolished intentionally blocking without good reason or do not match the original valuation household assessment institution, or be demolished intentionally block without good reason not to support housing units Management Department or designated appraisal institution for individual assessment, appraisal agencies unable to assess, to classify the results of the assessment as a basis for decisions. Article 26th valuation in accordance with the relevant provisions of the price management department charged assessment fees. House to be demolished classification assessment and placement assessment of costs borne by the demolition of the House; assessment of household costs for housing to be demolished, from demolition parties, through consultation, shared by the demolition and dismantled an average.
    Involves assessment of costs borne by the application for a ruling party. 27th valuation agencies violated these measures under article III, of illegal urban house demolition compensation assessment activities, the result is invalid and the municipal or district (City) County housing demolition administration fined 30,000 yuan fine. That does damage to the parties involved in the demolition, valuation institutions should be compensated according to law.

    28th article valuation institutions violation this approach, has following behavior one of of, by city or district (City) County housing demolition management sector be warning, can and at 10,000 yuan above 30,000 yuan following fine, to demolition party caused loss of, law be compensation: (a) will by delegate of assessment business transfer, and disguised transfer or again delegate of; (ii) not implementation real estate valuation specification of; (three) unauthorized improve charges standard or increased charges project of.
    29th article valuation institutions violation this approach, has following behavior one of of, by city or district (City) County housing demolition management sector at 30,000 yuan following fine, by grant real estate assessment qualification of organ canceled its assessment qualification, will valuation institutions head and directly responsibility people remember into industry archives, 5 years within ban its again engaged in real estate price assessment business; plot serious of, permanent ban its again engaged in real estate price assessment business; to demolition party caused loss of, law be compensation:
    (A) with the intent to reduce or improve the assessment of price, (ii) conspire with party prejudice the legitimate interests of another party, and (iii) fabricating results.
    Article 30th valuers in violation of these regulations, in accordance with the relevant provisions of the State and the ways of punishment, if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    31st demolisher, or entrusted to the demolition of illegal interference assessment and assess losses caused as a result, should bear corresponding liability according to law.
    Article 32nd housing demolition management and staff negligence, malpractice and other acts in violation of State regulations and these rules shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    33rd problems in the application of these measures by the Chengdu municipal real estate administration is responsible for the interpretation. 34th these measures shall come into effect as of the date.
                                                                  Prior to August 1, 2003, had already obtained demolition permits, according to the management of the city's original house demolition compensation assessment regulations.