Anhui Province Urban Housing Units Management

Original Language Title: 安徽省城市房屋拆迁管理办法

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(May 9, 2003 5th meeting consideration of the people's Government of Anhui province by people's Government of Anhui Province, on May 12, 2003, 153th published) Chapter I General provisions article in order to strengthen the urban housing units management, maintain the legal rights of parties involved in the demolition to ensure construction projects proceed smoothly, according to the State Department of the urban housing units regulations (hereinafter referred to as the regulations) and the facts of the province, these measures are formulated.
    Article on State-owned land in the urban planning area of the province to implement housing units, needs to be demolished the compensation and resettlement, should comply with these measures.
    Third provincial construction administrative departments supervise and administer the work of the province urban housing units.
    City and county governments are responsible for the management of urban house demolition work sector (hereinafter referred to as housing demolition management), to supervise and administer the urban house demolition work within their respective administrative areas.
    Local people's Governments at or above the county level departments, neighborhood offices and town people's Governments shall, in accordance with their respective responsibilities, co-ordination, to ensure the smooth progress of urban housing units management.
    Fourth Party shall, in accordance with the regulations, give compensation and resettlement to be demolished; the dismantled should be subject to urban construction, relocation of relocation within the prescribed deadlines. Chapter II administration of relocation the fifth relocation housing units made after the demolition permit, removal can be implemented.
    Application for a demolition permit shall be made to the leased premises and County housing demolition management submitted the following information: (a) construction project approval documents; (b) the planning permit for construction; (c) the approval document of the State-owned land and (iv) the demolition plans and relocation programmes (v) issued by financial institutions that Take deposits relocation compensation and resettlement funds. The preceding paragraph (d) provides relocation planning, including demolition range, the method and time limit; demolition programme includes demolition of housing conditions, compensation and benefits cost estimates, property rights Exchange housing standards, new housing floor plans and locations, temporary transitional and specific measures.
    (E) provision of compensation funds deposit amount not less than the total floor area of housing to be demolished times a year on similar lots, monetary compensation benchmark price of similar houses, demolished houses can be used for property rights Exchange discount into account.
    Sixth housing demolition management departments shall, from the date of receiving the application for demolition in the 30th review meet the requirements, issued demolition permit does not meet the conditions of return applications, and explain the reasons.
    Demolition permits approved demolition range shall not exceed the approved by the planning permit for construction land.
    The seventh housing demolition Management Department shall at the same time housing demolition permit, housing demolition and construction projects set forth in the license name, demolition man, demolition range, such as relocation, relocation compensation standards, in the form of housing demolition notices are published.
    Housing demolition management and relocation of people should be dismantled to step up publicity, explained the work in a timely manner. Article eighth demolish demolition of housing demolition permit should determine ranges and dismantlement period, implementation of housing demolition.
    Need to expand or narrow the scope of relocation, extend the removal period, removal shall submit an application to the housing demolition management.
    Housing demolition management departments shall, from the date of receipt of the application within the 10th review for eligible, change housing demolition permits, and change of the housing demolition permit content to be published does not meet the conditions of return applications, and explain the reasons. Nineth demolishes own demolition, also may entrust a qualified units of demolition for demolition.
    Housing demolition management departments shall not as a party, must not accept relocation Commission.
    Implementation of house demolition, shall comply with the appearance of the city and environmental protection, the provisions of laws and regulations on construction safety, the implementation of civil, safe construction, keeping the environment clean.
    Tenth housing demolition Management Department announced housing demolition notice after you determine the scope of relocation, relocation within the units and individuals shall carry out the following activities: (a) the new construction, expansion, renovation House, (ii) changes in housing and land use, (iii) rental housing. Housing demolition management departments should be in public housing demolition notices at the same time, on the 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 year; party necessary to extend the period of suspension shall be subject to approval of the housing units management, extend the period of suspension shall not exceed 1 year.
    Departments concerned under the housing demolition administration by notice in writing within the stated period of suspension, the matters listed in the first paragraph of this article go through the relevant formalities is not valid, and not as a basis for relocation compensation and resettlement. 11th demolition and dismantled in the demolition of housing demolition permit within the time limit, in accordance with signed relocation compensation and resettlement agreement as provided herein.
    Demolition compensation placed agreement should including following content: (a) demolition compensation way, and currency compensation amount and paid term; (ii) placed with room area, and standard and locations; (three) property replacement housing of post paid way and term; (four) relocation term, and relocation transition way and transition term; (five) relocation subventions and temporary placed subventions; (six) default responsibility and dispute solution way; (seven) Party agreed of other terms.
    Compensation settlement agreement model established by the provincial construction Administrative Department, used a basis for parties involved in the demolition.
    12th demolition of rental housing, relocation shall be demolished, the lessee signed relocation compensation agreements. Units housing demolition administration escrow housing demolition should relocation compensation and resettlement agreement with the custodian; homes in escrow people, relocation shall, together with the custodian, housing use signed relocation compensation agreements.
    Compensation settlement agreement of the provisions of this paragraph shall be subject to notary, and the preservation of evidence.
    13th House to be demolished has one of the following, by the proposed demolition demolition compensation and rehousing schemes, reported to housing demolition administration examination and approval of demolition of: (a) a property dispute; (b) property missing; (c) the housing share of compensation cannot reach a consensus.
    Before the demolition of the circumstances listed in the previous paragraph, demolish a House to be demolished should be preservation of evidence relating to matters to the notary. 14th relocation compensation and resettlement after the agreement is signed, or renter to be demolished during the relocation period 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. 15th article removal is no compensation settlement agreement by the parties, the party applying for from housing demolition management decisions. Housing demolition administration was dismantled, by the people's Governments at the corresponding level decisions.
    Arbiter shall, from the date of receipt of a ruling request make a written award within 30th; before the verdict, ruling organs should fully heed the views of the parties involved in the demolition. Demolition party not satisfied with the ruling, people's Court may apply for administrative reconsideration or bring an administrative action.
    Apart from necessary to suspend cases, demolished in accordance with the provisions of this approach have been dismantled to give monetary compensation or resettlement, swing space provided, review and do not stop execution of the demolition during the proceedings.
    The 16th to be demolished or tenant relocation does not move within the time limit specified in the ruling, by the local city and county governments to entrust the relevant Department of housing demolition, or from housing demolition management in accordance with the people's Court for mandatory minimum.
    Before implementing the mandatory minimum, matters related to the relocation should be demolished, to a notary evidence preservation. 17th article city, and County Government obliges about sector forced demolition of, according to following provides for: (a) demolition people to housing demolition management sector proposed forced demolition application; (ii) housing demolition management sector should since received forced demolition application of day up 10th within for site survey, proposed forced demolition views, and attached housing demolition license, and ruling book, about material, reported this level Government; (three) city, and County Government should since received forced demolition views of day up 10th within for review,
    On meet conditions of, made forced demolition decided, and obliges housing demolition management, and city planning, and police, sector and town government, and subdistrict offices, units organization personnel implementation forced demolition; (four) housing demolition management sector should in implementation forced demolition of 7th Qian notification demolition party; (five) implementation forced demolition Shi, housing demolition management sector should making record, remember Ming forced demolition process and relocation of property, by implementation people, and was implementation people signature; was implementation people refused to signature of, should in record in the indicate.
    18th demolish demolition agreement for compensation and resettlement or relocation within the time limit provided for in decisions shall not move the dismantled or lessees implemented to stop water, electricity, gas and other acts affecting production, life.
    To be demolished shall not damage the shared facilities, the demolition of houses to be demolished.
    19th urban housing demolition involves migration of public facilities or pipeline, which all of us should be in house demolition permit relocation within their own migration, migration costs required by the party receiving compensation. 20th have not finished building relocation compensation and resettlement project transfer, the assignee should be providing the fifth paragraph (e) provides relocation compensation and resettlement funds, housing demolition management agreement, deal with housing demolition permit change procedures.
    Housing demolition management should change after the demolition permit content to be published. Not complete demolition and construction projects according to law after the transfer of the compensation, 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 within 30th since the date of the signing of the contract of assignment to the public. 21st demolished housing units should be designated by the management of financial institutions to set up compensation funds account, substantial compensation settlement funds in accordance with the provisions.
    Without consent of the housing demolition management audit, the demolisher compensation funds shall not be used. Compensation funds should be used to house demolition compensation and resettlement and shall not be appropriated for other purposes.
    Housing demolition management departments should strengthen supervision of the compensation funds.
    22nd housing demolition management departments shall collect the following demolition materials, establishment of housing demolition archives: (a) the housing demolition, construction-related approval documents; (b) the demolition plans and relocation programmes and adjustment information; (c) entrusting the demolition contract; (iv) removal of administrative law enforcement in instruments; (e) associated with the removal of other files and data. Chapter III compensation and placing 23rd house demolition compensation can be monetary compensation may also implement a property rights Exchange.
    Unless otherwise provided by laws and regulations, and dismantled to opt for compensation. 24th relocation within the building and in excess of the approved duration of temporary buildings, which all of us should be in house demolition permits removal of the demolition period.
    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, according to the architectural project cost with the remaining period of appropriate compensation.
    25th the use of houses to be demolished and the area finds that to be demolished property and other valid certificate of house property right annotation of purpose and an area of.
    On April 1, 1990, the People's Republic of China urban planning law changes before the coming into force of the housing and use continue to use after the change, upon application of the house owner, is responsible for the registration of housing property management departments registration, in accordance with changed functions identified. 26th be demolished currency according to the real estate market evaluation to determine the level of compensation.
    By a legally authorized investment real estate real estate market evaluating prices assessment agencies district municipal people's Government announced monetary compensation benchmark price on the basis of the location, combined with the were demolished, floor space, building structure, new factors to determine, and the specific measures formulated by the provincial construction Administrative Department. Real estate appraisal institutions determined by the demolition parties through consultation, from housing demolition management determined randomly.
    Assessing the costs borne by the demolition.
    Monetary compensation benchmark prices established by municipal housing demolition management in conjunction with price, land administrative departments identify, reported to the people's Governments at the corresponding level approval, published before January 31 of each year. 27th prices by relocation housing real estate market evaluating public announcement system. Real estate appraisal institutions should be demolished the names, the dismantled house building, evaluation factors and evaluation basis, assess the price mainly published in the section to be demolished.
    Release time shall not be less than 10th. 28th demolition party disagrees with the results of the assessment, from the date of receipt of the assessment results the House is located in the 10th city or County housing demolition management apply, housing demolition management departments shall, from the date of receipt of the application in the 10th form real-estate valuation appraisal Commission for identification.
    Real estate appraisal Committee by a registered real estate appraiser, provincial construction administrative departments approved valuers as well as legal experts.
    Experts in the preceding paragraph, by housing demolition management from the provincial construction Administrative Department to establish rosters of experts determined randomly.
    Demolition Parties applying for identification, appraisal conclusions as the arbiter's findings rested on; does not apply to assess the results as a basis for ruling authorities ruled; identification the identification of the applicant's expense.
    Article 29th property rights Exchange, relocation shall give demolishes provides a number of in house to be demolished the original houses of the area and the demolition and dismantled in accordance with the provisions of the present article 26th, calculate the amount of compensation be demolished and housing prices, settlement of property rights exchange difference.
    Demolisher of resettlement should be provided in accordance with national quality and safety standards belong to the newly-built houses, shall conform to the design requirements and acceptance. 30th demolishes belong to particular difficulties of life, its residential housing to be demolished where the per capita floor space of less than city and County urban per-capita floor space, when the introduction of property rights Exchange, seat of the demolisher shall provide not less than city and County urban per-capita floor space of housing as the housing.
    Housing prices higher than the prices of houses to be demolished, and houses and houses to be demolished no settlement of property rights exchange difference.
    Particular difficulties of life in the preceding paragraph, is in accordance with national and provincial regulations enjoy the benefits of minimum living guarantee of urban households.
    31st demolition welfare housing, relocation shall, in accordance with relevant laws and regulations and the requirements of urban planning to rebuild, or monetary compensation. Article 32nd public housing demolition, enjoyment of housing rights of lessee in accordance with the housing reform policies, the lessee after the purchase, removal shall be compensation and resettlement on its dismantled. Lessee in accordance with the policy of housing do not enjoy the right to purchase, agreement has been reached with the dismantled termination of lease relations, the demolisher imposed should be demolished housing property rights Exchange.
    Property rights exchange houses the original lessee of the lessee, shall, together with the lessee to be demolished again entered into a lease agreement.
    Housing demolition Administration hosted the 33rd demolition of houses, homes in escrow people, should be introduced for housing property rights Exchange; escrow housing without the use of people, chosen by the custodian compensation and resettlement.
    Escrow chose property rights Exchange, property rights exchange houses are still hosted by the custodian; choose monetary compensation, monetary compensation by the custodian bank accounts. 34th people choose to be demolished housing property rights Exchange, transitional period shall not exceed 18 months in residential housing, non-residential housing of the transition period shall not exceed 24 months.
    Party shall, within the prescribed transitional period will be dismantled or lessee settled. Demolition of residential houses, swing space within the transition period can be dismantled or lessee on its own, can also be provided by the party. Dismantled or the lessee has the right to select the transition mode, party may not force or refused.
    Demolished to provide swing space, to be demolished or lessee shall be placed after the 4 months back swing space. 35th demolished residential houses should be demolished or lessee to pay relocation allowances.
    Relocation allowance of specific standards set by zone housing units management of the municipal authorities and the price determined by the Administrative Department, and reported to the people's Governments at the corresponding level approval, published before January 31 of each year.
    Introduction of housing property rights Exchange, to be demolished or lessee from demolition to provide swing space when moved to houses, demolition and relocation of people should pay allowances.
    Article 36th in the transition period, dismantled or lessees of residential housing to solve the swing space, removal shall be moved from the moon to be paid within 4 months after the placement of temporary resettlement; demolition over the transition period does not provide housing, shall be overdue as of the month of the original twice times the standard pay for temporary resettlement. Demolished to provide swing space, no longer pay for temporary resettlement.
    Demolition over the transition period does not provide housing, other than continuing to provide swing space outside, shall be overdue month according to the prescribed standards of temporary resettlement.
    According to local rentals and houses to be demolished temporary resettlement area, average housing costs of the lot price, specific standards set by zone housing units management of the municipal authorities and the price determined by the Administrative Department, and reported to the people's Governments at the corresponding level approval, published before January 31 of each year.
    37th article demolition non-residential housing, demolition people should compensation was demolition people or housing tenant people following costs: (a) according to national and Province provides of goods transport price, and equipment installation price calculation of equipment relocation and installation costs; (ii) cannot recovery using of equipment according to heavy reset price combined into new settlement of costs; (three) for demolition caused discontinued, and closed of appropriate compensation.
    Specific criteria for compensation expenses in the preceding paragraph, by District Department of municipal housing demolition management in conjunction with the price determined by the Administrative Department, and reported to the people's Governments at the corresponding level approval, published before January 31 of each year.
    Article 38th demolishes the compensation and resettlement to be demolished later, demolishes houses to be demolished property should be handed over to demolish, demolition and person responsible for the registration of housing property management departments to be cancelled.
    Monetary compensation for the purchase of residential housing and property rights exchange of residential housing, with the floor space of buildings to be demolished equal parts, apply for certificate of exemption when the relevant taxes and fees.
    Fourth chapter legal responsibility 39th article has following behavior one of of, by housing demolition management sector in accordance with Ordinance of provides be punishment: (a) not made housing demolition license, unauthorized implementation demolition of; (ii) to cheat means made housing demolition license of; (three) not by housing demolition license determine of demolition range implementation demolition of; (four) delegate not has demolition qualification of units implementation demolition of; (five) unauthorized extended demolition term of; (six) accept delegate of demolition units transfer demolition business of.
    The acts listed in the preceding paragraph, to be demolished or lessee of property damage, shall be liable.
    40th property assessment agencies are not in accordance with these measures to assess the House to be demolished, assessment results, by the housing demolition Administration ordered to reassess, and to a fine of up to 10,000 yuan and 30,000 yuan in serious cases, to request the certificate of qualification issued by departments to reduce their level of qualifications or cancel its qualifications.
    Real estate appraisal institutions acts listed in the preceding paragraph, demolition caused property damage, shall be liable.
    41st article housing demolition management sector and staff has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel give warning or demerit disposition; plot serious of, give remember than until fired disposition; constitute crime of, law held criminal: (a) violation 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 or on violations not investigation of;
    (C) is not required under this approach publishing house demolition notices; (d) as removal or entrusted to implement the relocation of (v) ruled the illegal demolition of; (vi) the offence of carrying out forced evictions.
    The acts listed in the preceding paragraph, demolition caused property damage, shall be liable.
    Fifth chapter supplementary articles article 42nd on State land outside the urban planning areas implementation of housing units, and need to be demolished the compensation and resettlement, in accordance with the measures implemented. 43rd article of the rules take effect on July 1, 2003.
                          On July 29, 1992, provincial people's publishing, December 25, 1997 provincial people's Government, the first amendment publishing, February 15, 2001, released by the second amendment of the provincial people's Government of Anhui Province urban housing units management implementation rules repealed simultaneously.

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