Article 1 In order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the demolition parties and ensure the smooth progress of urban construction projects, these implementation measures are formulated in accordance with the Regulations of the State Council on the Administration of Urban House Demolition and the Implementation Measures for the Administration of Urban House Demolition in Hubei Province, combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the demolition of houses on state-owned land within the urban planning area of this Municipality and the need for compensation and resettlement for the demolished people.
Article 3 The term "demolisher" as mentioned in these Measures refers to the unit that has obtained the house demolition permit; The person to be demolished refers to the owner of the house to be demolished and its attachments; The lessee refers to the units and individuals that have a legal lease relationship with the demolished.
Fourth Suizhou Municipal Construction Committee is responsible for the supervision of the city's housing demolition. Suizhou City Real Estate Management Bureau is the management department of the city's housing demolition work (hereinafter referred to as the housing demolition management department), which is specifically responsible for the daily management of housing demolition and shall perform the following duties according to law:
(a) to publicize and implement the laws, regulations, rules and other normative documents of urban housing demolition.
(two) to participate in the formulation of urban housing demolition management system within their respective administrative areas.
(three) to review the urban housing demolition and resettlement plan and implementation plan, and issue the urban housing demolition permit. Issued a notice of house demolition, organized a mobilization meeting for house demolition, and accepted the house demolition site.
(four) to review the demolition qualification, entrust the demolition qualification, be responsible for training the demolition staff, and handle the examination and approval and issuance of the post certificate of the demolition staff.
(five) to investigate and deal with the demolition behavior in violation of the laws and regulations on the management of urban housing demolition.
(six) to accept the application for the demolition ruling of the demolition parties, and make a ruling on the disputes over compensation and resettlement for house demolition according to the principles of clear facts, conclusive evidence, complete procedures and legal procedures.
(seven) to refuse the demolition without justifiable reasons, organize administrative compulsory demolition or apply to the people's court for compulsory demolition.
Fifth planning, land, public security, justice, industry and commerce, price, power supply, water supply, gas, radio and television, telecommunications and other units and the Zengdu District Government shall, according to their respective responsibilities, cooperate with the housing demolition management department to do a good job in the management of urban housing demolition.
Zengdu District Construction Bureau is responsible for the management of house demolition outside the urban planning area within its administrative area.
Guangshui City Construction Bureau is responsible for the management of house demolition within the urban planning area of this administrative region.
Sixth urban housing demolition planning and planning must conform to the overall urban planning, detailed planning and construction planning, as well as the protection planning of historical and cultural cities and blocks.
Chapter II Demolition Management
Article 7 A demolisher shall formulate a demolition plan and a demolition plan, and obtain a house demolition permit in accordance with state regulations. The demolition plan shall include the name, nature, quantity, area, scope, mode, time limit, cost estimate, start time and completion time of the construction project. The demolition plan shall include the nature, use, area, ownership, location of demolition area, reconstruction method, location of resettlement house, temporary transition method, implementation of demolition funds, implementation steps of demolition, safety protection and environmental protection measures. For existing houses, proof of ownership of resettlement houses shall be provided. The house demolition management department shall attach a detailed demolition scope map when issuing the house demolition permit.
Article 8 The funds for compensation and resettlement for demolition shall be stored in a special account, and a supervision agreement shall be signed by the demolition person, the house demolition management department and the financial institution accepting the deposit business, specifying the supervision amount of the funds, the use procedures and the liability for breach of contract. In the process of resettlement, the housing demolition management department can change the amount of additional funds to monitor according to the situation. The supervision of demolition funds shall ensure that special funds are used for compensation and resettlement for the second house demolition and shall not be used for other purposes. After the demolition has completed the compensation and resettlement task according to law, the monitoring of the remaining funds can be lifted upon confirmation by the house demolition management department. The amount of compensation and resettlement funds for supervision of demolition shall be equivalent to the amount of funds required for monetary compensation of all demolished houses. Demolition of existing homes to provide property rights exchange, regulatory funds can be appropriately reduced.
Ninth after the demolition scope is determined, no unit or individual may engage in the following activities within the scope of demolition:
(a) new construction, expansion and reconstruction (including decoration, decoration) houses;
(2) Changing the use of houses and land;
(three) to establish a new housing lease relationship;
(four) the demolition of houses as the registered address for industrial and commercial registration.
Tenth housing demolition management department shall, within 30 days from the date of receiving the preliminary application, review the application matters, and issue a housing demolition permit if it meets the requirements after review.
Housing demolition management department in the issuance of housing demolition permits at the same time, the demolition of housing demolition permits, demolition scope, demolition period and other matters, in the form of housing demolition notice to be published.
Eleventh people should be taken in the demolition of housing demolition permit to determine the scope and duration of the implementation of housing demolition.
The scope of demolition shall be determined by the house demolition management department according to the red line of planned land designated by the competent department of city planning. In order to ensure the safety of housing, it is really necessary to carry out demolition across the red line of planned land, and the scope of demolition shall be determined by the housing demolition management department and the competent department of urban planning.
If the demolition period expires and the demolition person fails to apply for an extension, the house demolition permit will automatically become invalid. Need to extend the demolition period, the demolition should be before the expiration of the demolition period, apply to the housing demolition management department for an extension of the demolition. The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition. Delayed demolition shall not exceed 6 months.
Twelfth people can take their own demolition, can also entrust a qualified unit to carry out the demolition.
If the demolisher entrusts the demolition, he shall issue a power of attorney to the entrusted demolition unit and conclude a demolition entrustment contract. The demolisher shall, within 05 days from the date when the demolition entrustment contract is concluded, report the demolition entrustment contract to the house demolition management department for the record. Units without demolition qualification certificates shall not accept the entrustment of demolition.
The entrusted demolition unit shall not transfer the demolition business.
Thirteenth demolition of houses must be undertaken by construction enterprises that can ensure safety.
Fourteenth demolition of rental housing, demolition and housing tenant reached an agreement to terminate the lease relationship or demolition of housing tenant resettlement, demolition and relocation of people reached a compensation and resettlement agreement; If the demolished person and the house lessee fail to reach an agreement to terminate the lease relationship, the demolished person shall conclude a demolition compensation agreement with the demolished person and a demolition resettlement agreement with the house lessee.
The model text formulated by the Provincial Construction Department shall be used to sign the demolition compensation agreement.
Fifteenth demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, by the local housing demolition management department ruling. If the house demolition management department is the demolition person, the people's government at the same level shall make a ruling within 30 days from the date of accepting the application.
The party applying for an award shall provide the relevant information required for the award. The parties to the arbitration organ for mediation; If the parties refuse to mediate, they may make an award; Matters that need to be verified in the process of accepting the ruling