1. After obtaining the construction land planning permit or the construction project planning permit, the construction unit may apply to the district and county housing and land administration (hereinafter referred to as the district and county housing and land administration) for suspending the relevant matters within the scope of demolition. When the construction unit applies for suspension of handling related matters, it shall submit the application for suspension of handling related matters, project approval documents, construction land planning permit or construction project planning permit and other documents.

2. After the relevant matters are suspended within the scope of demolition upon approval, the district and county premises bureau shall notify the district (county) people's court and the local public security, planning, construction, industry and commerce, housing management and other departments, and the notice shall specify the scope of land use, the suspension period and the suspension matters.

If it is necessary to extend the suspension period, the construction unit shall apply to the county real estate bureau 1 0 months before the expiration of the period, and explain the reasons for extending the period and the measures to be taken. After the application for extension is approved, the district and county premises bureau shall notify the district (county) people's court and the local public security, planning, construction, industry and commerce, housing management and other departments of the decision to extend the suspension period.

3. If the suspension period expires, the extension period is not applied for, the application for extension period is not approved or the approved extension period expires, the suspension of relevant matters shall be subject to the restrictions stipulated in the Measures for the Administration of Urban Housing Demolition in Beijing (DecreeNo. 102). The municipal government 16, hereinafter referred to as the "measures") automatically lifted.

Two, on the application and approval of housing demolition permit.

4. The application for house demolition in this Municipality shall be reviewed by the district and county real estate bureaus, and the permit for house demolition shall be issued. However, the application for house demolition in urban and suburban areas, the application for house demolition in key construction projects in suburban areas and counties, and the renovation project of dilapidated houses shall be reported to the Municipal Bureau of Land Resources and Housing Management (hereinafter referred to as the Municipal Bureau of Land and Housing Management) for the record before the announcement of demolition.

5. The state-owned land certification documents stipulated in Article 10 of the Measures include the following situations:

(1) If the construction unit obtains the land use right by allocation, it shall submit the approval letter for construction land;

(2) If the construction unit obtains the land use right with compensation, it shall submit the state-owned land use certificate;

(3) If the construction unit carries out demolition within the original land use scope, it shall submit the original land use certificate (if there is no land use certificate, it shall submit the house ownership certificate within the land use scope).

6. The construction unit that carries out the demolition within the original land shall submit the construction project planning permit when applying for the house demolition permit to the district or county real estate bureau.

7. The demolition plan includes the general situation of the project, the scope and method of demolition, the period of demolition, and the start and completion time of the project.

8. The contents of the demolition plan include the present situation of the house and its appendages (the nature of house use, ownership of property rights, area, etc.). ), salary and subsidy budget, etc. Demolition should be based on the above content of the demolition schedule, submitted to the district and county real estate bureau for approval.

9. The scope of demolition specified in the house demolition permit shall not exceed the scope of construction land, but the houses outside the scope of construction land cannot be separated from the houses within the scope, and the competent department of demolition can delimit the houses outside the scope into the scope of demolition.

Three, about the demolition period and relocation period

10. The term "demolition period" as mentioned in these Measures refers to the time limit within which the demolisher shall complete the demolition project as stipulated in the house demolition permit.

1 1. The term "relocation period" as mentioned in the Measures refers to the time limit for the relocated people to sign a relocation compensation agreement with the relocated people and move out of the relocation scope stipulated in the demolition announcement issued by the district and county real estate bureaus.

Four, on the demolition notice and notice.

12. The district/county real estate bureau shall issue a demolition announcement, which shall include the approval number of the house demolition permit, the demolition person, the scope of demolition, the relocation period, the compensation price for demolition, the average price of affordable housing and other main contents.

13. After obtaining the house demolition permit, the demolisher shall notify all the house owners within the demolition scope in writing. The notice shall explain the demolition person, the demolition implementation unit, the license number, the project name, the scope of demolition, the relocation period, the reply period, the handling method and contact information for failing to reply within the time limit, and inform them of their rights and relevant regulations.

14. According to the provisions of Article 43 of the Measures, if the demolisher is unable to notify the owner of the house, it shall make an announcement on the public media designated by the competent department. If the owner of the house is in this city, the demolisher will make an announcement in Beijing Daily for 15 days; Housing owners in other provinces and cities, the demolition should be announced in the "People's Daily" or "Legal Daily", the announcement period is 30 days; If the owner of the house is overseas, it shall make an announcement in People's Daily (Overseas Edition) or China Daily for 60 days.

15. If public housing is demolished, the district/county real estate bureau shall notify the property unit to quit management. Housing demolition notice shall specify the demolition, demolition scope, the number and area of houses to be demolished, etc.

From the date when the house demolition announcement is delivered, the demolished person shall be responsible for the maintenance and safety of public houses.

V. Identification of the nature of formal houses and residences.

16. The identification of formal houses within the scope of demolition shall be subject to the house ownership certificate issued by the house land management department. However, if the house on the original farmer's homestead requisitioned for urban construction is demolished, which conforms to the provisions of Several Provisions of the Beijing Municipal People's Government on Strengthening the Management of Rural Villagers' Building Land (Decree No.39 of the Municipal Government 1989) and meets the following conditions, it should also be recognized as a formal house:

(1) The column height is more than 2m, and the building area is more than 7m;

(2) There are walls on three sides and regular doors and windows;

(3) The roof has thermal insulation layer.

17. The identification of non-residential houses within the scope of demolition shall be based on the nature of use indicated in the lease contract and the business license issued by the administrative department for industry and commerce; Private houses shall be subject to the business license issued by the administrative department for industry and commerce.

Demolition of houses on the original farmers' homestead requisitioned for urban construction shall be compensated according to residential houses.

18. The term "house with rent standard stipulated by the state" as mentioned in these Measures refers to the rented house that is audited and confirmed by the housing management department, uses the lease contract uniformly printed by the Municipal Bureau of Land and Housing Management, and pays and collects the rent according to the rent standard stipulated by the state and this Municipality.

19. The public housing mentioned in Article 40 of the Measures refers to the non-profit housing directly used for social welfare, including schools, kindergartens, hospitals, libraries, exhibition halls, museums, stadiums, cultural centers, nursing homes and welfare homes, except for private housing used for public welfare.

Six, on the identification of the original construction area and the construction area that should be compensated.

20. Demolition of leased residential houses, the original construction area shall be converted into construction area according to the use area specified in the house lease contract. The conversion coefficient is determined with reference to the comparison coefficient between the total construction area and the total use area of the demolished residential houses within the demolition scope of this project.

2 1. The "original construction area" in the calculation formula of compensation for users of demolished non-complete houses shall be implemented according to the compensation construction area under the following circumstances:

(1) If the original per capita housing construction area of the demolished house is less than 6 square meters, the compensation construction area shall be calculated according to 6 square meters per capita.

(two) the demolition of houses on the original peasant homestead requisitioned by the state for construction. If the original per capita housing construction area of the demolished house exceeds 30 square meters, the compensation construction area shall be calculated according to 30 square meters per capita.

(three) the demolition of houses on the original farmer's homestead requisitioned by the state for construction. If the demolished person has no permanent residence in the city within the scope of demolition and the original construction area is less than 60 square meters, the compensation construction area shall be calculated according to the original construction area; If the original construction area exceeds 60 square meters, the compensation construction area shall be calculated according to 60 square meters.

Seven, the division of relocated households and the identification of the original population

22. For the demolition of residential houses, the criteria for dividing the relocated households are: the leased house shall be subject to the lessee specified in the lease contract, and the private owner-occupied house shall be subject to the property certificate.

23. The houses on the former farmers' homestead were demolished due to national construction, and the houses have not yet handled all the warrants. The division of the relocated households shall be subject to the household registration book issued by the public security organ; However, if both husband and wife and minor children set up separate households within the scope of demolition, they will be compensated according to one household.

24. Divorce during the suspension of relevant matters or during the demolition period, and both men and women have no independent houses, and compensation shall be approved according to the housing and population situation before the divorce.

25. If there are multiple houses within the scope of demolition, the housing area of each house within the scope of demolition shall be calculated together when the households with housing difficulties are approved and the demolition subsidy area is calculated.

26. When verifying the original permanent population of the houses with housing difficulties and the houses on the original farmers' homestead, the district and county real estate bureaus can include the residents who have permanent residence and formal housing in this city and live for a long time in the demolition scope into the original permanent population.

For the following persons who do not live in the scope of demolition, but whose original accounts are within the scope of demolition, they can be included in the original permanent population:

(1) active servicemen;

(2) College students;

(3) overseas students;

(4) Reeducation through labor and reeducation through labor;

(five) other people who can be included in the original permanent population according to the policy.

27. If the demolition of non-residential houses causes economic losses due to suspension of production or business, the units or individuals indicated in the business license issued by the administrative department for industry and commerce shall be given comprehensive subsidies for suspension of production or business.

Eight, about the problem of determining the price.

28. The demolition compensation price of the location of the house to be demolished shall be determined by the people's governments of all districts and counties within the jurisdiction, and the scope of the demolition compensation price of various demolition locations shall be determined by the Municipal Bureau of Land and Housing Management and implemented after being approved by the Municipal Bureau of Land and Housing Management. The location compensation price of specific construction projects shall be determined by the district and county real estate bureaus within the scope approved by the Municipal Bureau of Land and Housing Management.

29. The replacement price of the demolished residential houses shall be determined by the real estate appraisal agency recognized by the municipal or district/county demolition authorities in accordance with the Measures of Beijing Municipality on Housing Appraisal (J.F.D.P.Zi. [1996] No.573) and the Technical Specification for Housing Appraisal in Beijing (J.F.D.P.Zi. [1999] No.655).

30. The price of ordinary residential commercial housing in the demolition area of complete sets of residential houses shall be provided by the county real estate bureau according to the market situation of ordinary residential commercial housing in the demolition area, and confirmed by the Municipal Bureau of Land and Housing Management.

Demolition of complete sets of residential houses on the original allocated land, the compensation for the users of the demolished houses does not include land transfer fees, and the specific standards shall be stipulated by the Municipal Bureau of Land and Housing Management.

3 1. The market evaluation price of the demolished non-residential houses shall be evaluated by the real estate price evaluation agency recognized by the municipal or district/county demolition authorities in accordance with the Technical Standard for Demolition Evaluation of Non-residential Houses in Beijing (J.F.D.P.Zi. [1999] No.656).

Nine. On housing compensation

32 residential housing demolition and compensation, the personality of the compensated housing is determined in accordance with the following provisions:

(1) If the land for the compensation house is acquired with compensation, the relevant procedures are complete, and the relevant regulations for listing and sales are met, the personality of the compensation house shall be determined according to the price of the ordinary residential commercial house;

(2) if the compensation housing is affordable housing, the compensation housing price shall be approved by the relevant competent department of the municipal government;

(three) the demolition of people with the relocation of housing compensation, compensation for housing prices determined by the relevant competent departments of the city with reference to the economic applicable housing policy, according to the economic applicable housing policy management. The determination of the land for the relocated houses shall be applied by the residents, audited by the district and county real estate bureaus, and reported to the Municipal Bureau of Land and Housing Management for approval.

(4) If the demolisher compensates the demolished person with the residential house developed and built by himself on the allocated land acquired before June 1 0992, or as a residential house divided by joint construction or joint construction projects with relevant units, the house must be completed before June 1 0995. Housing compensation shall be determined by the relevant competent departments of the municipal government with reference to the affordable housing policy, and shall be managed in accordance with the affordable housing policy. The determination of compensation housing land shall be applied by residents, audited by the district and county real estate bureaus, and reported to the Municipal Bureau of Land and Housing Management for approval.

33 demolition of residential housing and compensation for residential housing, the existing housing provided by residents shall be audited by the district and county real estate bureau.

34. The demolition shall provide the following proof materials for housing compensation:

(1) certificate of house and land;

(2) Quality acceptance certificate issued by the quality supervision and management department;

(3) For the purchased house, submit the house sales contract; Joint construction, joint construction of housing, joint construction, joint construction of housing contracts;

(four) the location and plan of the house;

(five) the housing design drawings audited by the planning and design department, including the first floor plan and the standard floor plan.

(6) Other relevant materials.

35. According to the provisions of Article 35 of the Measures, if the owner of a privately rented residential house that is subject to the national rent standard is demolished and asks for housing compensation, he shall reach an agreement with the lessee in advance to maintain the original lease relationship; If the two parties fail to reach an agreement within the relocation period stipulated in the announcement of the district and county real estate bureau, the demolisher may compensate the house owner and the lessee respectively according to the relevant provisions of the Measures and the Decision of the Beijing Municipal People's Government on Adjusting the Compensation Measures for Urban Housing Demolition in this Municipality (J.F.F. [2000] No.60).

Ten, about the housing difficulties of households demolition compensation.

36. The provisions of Article 30 of the Measures shall not apply to the users of demolished houses with formal houses outside the scope of demolition.

The demolition of housing users in any of the following circumstances, for the demolition of formal housing outside the scope:

(1) I or my spouse own or lease a house on the state-owned land outside the scope of demolition (subject to the house lease contract on the house ownership certificate);

(2) Houses owned by parents or children or rented houses live on state-owned land outside the scope of demolition (subject to the house ownership certificate or house lease contract);

(3) I or my spouse have formal housing on the collective land in the urban planning areas of Chaoyang District, Haidian District, Fengtai District and Shijingshan District.

37. Residents who have permanent residence in this Municipality and have built their own houses within the scope of demolition for a long time and meet the following conditions can be compensated according to the construction area of 30 square meters per household. The specific price is determined by the district and county governments:

(1) Open a separate account;

(2) I, my spouse, parents and children have no formal housing within the scope of demolition;

(3) I and my spouse have no formal housing outside the scope of demolition.

Eleven, the original farmers homestead housing demolition compensation.

38. The term "original farmer's homestead" as mentioned in the Measures refers to the land owned by farmers' collectives before national construction requisition, and used by members of this collective economic organization to build self-occupied houses within four areas approved according to law.

39. House demolition due to the requisition of the original farmer's homestead for national construction. If the building area that the user of the demolished house should compensate is less than the original building area of the house, the remaining area shall be compensated at 20% of the demolition compensation price determined by the district or county where it is located. The remaining area is calculated according to the following formula:

Remaining area = original building area-building area should be compensated.

40. House demolition on the original farmer's homestead requisitioned for national construction. If the user of the house to be demolished has no permanent residence in this city, lives in the self-built house within the scope of demolition for a long time, or has the permanent residence of the self-built house and individual households within the scope of demolition, but has no long-term residence, and there are other houses in other places, the area of demolition subsidy shall not be calculated.

4 1. Demolition1On March 29, 983, the Notice of Beijing Municipal People's Government on Dealing with Illegal Lease of Land of Commune Teams and Building Workers' Houses (J.F.J. [1983] No.51) had been built on the original collective land before its implementation.

Twelve, on the issue of compensation for special housing demolition.

42. The removal of temporary buildings that have not exceeded the approved period can be compensated according to the construction area and the cost of a single building in the previous year combined with the remaining period. The calculation formula is: temporary building compensation = single project cost × construction area × (remaining period ÷ approval period).

43. According to the provisions of Article 41 of the Measures, if the demolition of a house with disputed ownership fails to resolve the dispute within the relocation period announced by the district or county real estate bureau, the owner and user of the house to be demolished shall be approved by the district or county real estate bureau in accordance with the regulations, and the compensation for the owner of the house to be demolished shall be entrusted to the notary office or the district or county real estate bureau for escrow.

44. According to the provisions of Article 42 of the Measures, if the mortgagor fails to re-set the mortgage or pay off the original debt with the mortgagee within the relocation period announced by the district/county real estate bureau, the demolition person shall deposit the compensation with the notary office or the district/county real estate bureau.

Thirteen, about the demolition compensation agreement.

45. The text of the demolition compensation agreement shall be uniformly printed by the Municipal Bureau of Land and Housing Management.

46. After the signing of the agreement, the demolished person will hand over the original land use certificate, house ownership certificate or use certificate to the demolished person, and the demolished person will hand over the property ownership management department for cancellation of registration.

Fourteen, on the issue of demolition dispute adjudication.

47. The district and county real estate bureaus shall specify the amount of compensation for demolition in the arbitration award and decide on the implementation of the revolving house. The ruling on the turnover housing provided by the demolition must be audited by the district and county real estate bureaus.

In accordance with the provisions of Article 21 of the Measures, after the people's governments of districts and counties make a decision to relocate within a time limit, if the people who have been relocated fail to relocate within the time limit, the compensation for relocation shall be notarized by the people who have been relocated to the notary office, and the relevant departments of districts and counties or the people's courts shall carry out compulsory relocation according to law. The person subjected to execution shall pay the rent and other expenses during the turnover period in accordance with the regulations. After the person subjected to execution agrees to relocate and vacate the revolving house, he can receive the compensation for relocation; However, the rent and other expenses that the person subjected to execution fails to pay according to the regulations shall be deducted from the compensation for demolition.

Fifteen, about the demolition management fee.

48. The demolisher shall pay the house demolition management fee to the county real estate bureau that issued the house demolition permit according to the standards approved by the Municipal Price Bureau at that time.

49. The calculation scope of house demolition expenses includes demolition compensation fees and various demolition subsidies and incentive fees.

Sixteen, about the demolition file management.

50 housing demolition files, including the following contents:

(1) Relevant materials for applying for house demolition permit;

(2) the demolition compensation agreement and various compensation and subsidy receipt documents;

(3) the demolition summary, demolition closing table;

(4) Ruling, compulsory demolition, litigation and related documents;

(5) Other materials.

5 1. The demolisher shall hand over the demolition files to the county real estate bureau within 1 month after all the demolished people are relocated, and report the demolition settlement form to the Municipal Bureau of Land and Housing Management for the record.

52. The district and county real estate bureaus shall establish and improve the management system of demolition files, and gradually implement computer management to improve management efficiency.

Seventeen. Other issues

53. The urban areas referred to in urban housing demolition in this Municipality include Dongcheng District, Xicheng District, Chongwen District and Xuanwu District; Suburbs include Chaoyang District, Haidian District, Fengtai District and Shijingshan District; Suburban counties include Mentougou District, Changping District, Tongzhou District, Shunyi District, Pinggu County, Huairou County, Miyun County, Yanqing County, Fangshan District and Daxing County.