State laws and regulations on the renovation and demolition of old houses

regulations on the expropriation and compensation of houses on state owned land

Chapter I General Principles

Article 1 These Regulations are formulated for the purpose of regulating the expropriation and compensation activities of houses on state-owned land, safeguarding public interests and safeguarding the legitimate rights and interests of the owners of expropriated houses.

Article 2 In order to meet the needs of public interests, the expropriation of houses of units and individuals on state-owned land shall give fair compensation to the owner of the expropriated house (hereinafter referred to as the expropriated person).

Article 3 House expropriation and compensation shall follow the principles of democratic decision-making, due process and open results.

Article 4 The municipal and county people's governments shall be responsible for the house expropriation and compensation within their respective administrative areas.

The house expropriation departments determined by the people's governments at the city and county levels (hereinafter referred to as the house expropriation departments) shall organize the implementation of the house expropriation and compensation work within their respective administrative areas.

The relevant departments of the people's governments at the city and county levels shall, in accordance with the provisions of these regulations and the division of responsibilities stipulated by the people's governments at the corresponding levels, cooperate with each other to ensure the smooth progress of the house expropriation and compensation work.

Article 5 The house expropriation department may entrust the house expropriation implementation unit to undertake the specific work of house expropriation and compensation. The implementation unit of house expropriation shall not be for profit.

The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions.

Article 6 The people's government at a higher level shall strengthen supervision over the house expropriation and compensation work of the people's government at a lower level.

The competent departments of housing and urban construction of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the relevant departments of finance, land resources, development and reform at the same level, strengthen the guidance on the implementation of housing expropriation and compensation.

Seventh any organization or individual has the right to report violations of these regulations to the relevant people's governments, housing expropriation departments and other relevant departments. The relevant people's governments, house expropriation departments and other relevant departments that have received the report shall verify and handle it in time.

The supervisory organ shall strengthen the supervision of the government and relevant departments or units and their staff involved in the work of house expropriation and compensation.

Chapter II Collection Decision

Article 8 In order to safeguard national security, promote national economic and social development and other public interests, if it is really necessary to expropriate houses under any of the following circumstances, the people's government of the city or county shall make a decision to expropriate houses:

(a) the needs of national defense and diplomacy;

(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;

(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;

(four) the needs of the construction of affordable housing projects organized and implemented by the government;

(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;

(six) the needs of other public interests as prescribed by laws and administrative regulations.

Article 9 According to the provisions of Article 8 of these Regulations, if it is really necessary to expropriate houses for all construction activities, it shall conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning. The construction of affordable housing projects and the transformation of old areas should be included in the annual plans for national economic and social development at the city and county levels.

The formulation of national economic and social development planning, overall land use planning, urban and rural planning and special planning shall solicit public opinions and conduct scientific argumentation.

Tenth housing levy departments to develop compensation programs, reported to the municipal and county people's governments.

The municipal and county people's governments shall organize relevant departments to demonstrate and publish the compensation scheme for expropriation and solicit public opinions. The time for soliciting opinions shall not be less than 30 days.

Eleventh people's governments at the city and county levels shall promptly announce the situation of soliciting opinions and making amendments according to public opinions.

Because of the need to expropriate houses due to the transformation of the old city, and most of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of these regulations, the people's governments at the city and county levels shall organize a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing.

Twelfth city and county people's governments shall conduct social stability risk assessment in accordance with the relevant provisions before making a decision on house expropriation; The decision of house expropriation involves a large number of people to be expropriated, which shall be discussed and decided by the executive meeting of the government.

Before making a decision on house expropriation, the compensation fee shall be paid in full, stored in a special account and used for special purposes.

Thirteenth city and county people's governments shall make a public announcement in time after making a decision on house expropriation. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters.

City and county people's governments and housing levy departments should do a good job in the publicity and explanation of housing levy and compensation.

If houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time.

Article 14 If the expropriated person refuses to accept the house expropriation decision made by the people's government at the city or county level, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Fifteenth house expropriation departments shall organize the investigation and registration of the ownership, location, use and construction area of houses within the scope of house expropriation, and the expropriated person shall cooperate. The survey results shall be announced to the expropriated person within the scope of house expropriation.

Sixteenth after the scope of house expropriation is determined, it is not allowed to build, expand, rebuild houses and change the use of houses within the scope of house expropriation, and so on to increase the compensation fees improperly; In violation of the provisions of the implementation, no compensation.

The house expropriation department shall notify the relevant departments in writing of the matters listed in the preceding paragraph to suspend the relevant procedures. The written notice of suspension of relevant formalities shall specify the suspension period. The maximum suspension period shall not exceed 1 year.

Chapter III Compensation

Seventeenth people's governments at the city and county level that have made the decision on house expropriation shall pay compensation to the expropriated person, including:

(1) Compensation for the value of the expropriated house;

(two) relocation compensation and temporary resettlement caused by the expropriation of houses;

(3) Compensation for losses caused by expropriation of houses.

The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.

Eighteenth expropriation of individual housing, the expropriated person meets the housing security conditions, the municipal and county people's governments shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Nineteenth the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method.

If there is any objection to the value of the expropriated house determined by the assessment, it may apply to the real estate price assessment agency for review and assessment. If there is any objection to the review results, you may apply to the real estate price evaluation expert Committee for appraisal.

Measures for the assessment of housing expropriation shall be formulated by the competent department of housing and urban construction in the State Council, and opinions shall be solicited from the public during the formulation process.

Twentieth real estate price assessment agencies are selected by the expropriated person through consultation; If negotiation fails, it shall be determined by majority decision and random selection, and the specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and no unit or individual may interfere.

Twenty-first expropriated people can choose monetary compensation, but also choose the exchange of housing property rights.

If the expropriated person chooses to exchange property rights, the people's government at the city or county level shall provide houses with property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the houses with property rights exchange with the expropriated person.

Because of the expropriation of individual houses in the old city, if the expropriated person chooses to exchange the property rights of the houses in the reconstruction area, the people's government at the city or county level that made the decision on house expropriation shall provide the houses in the reconstruction area or nearby areas.

Twenty-second relocation caused by the expropriation of houses, the house expropriation department shall pay the relocation fee to the expropriated person; If the house property right exchange is selected, before the house property right exchange is delivered, the house expropriation department shall pay the temporary resettlement fee to the expropriated person or provide the revolving house.

Twenty-third compensation for losses caused by the expropriation of houses shall be determined according to the benefits before the expropriation of houses and the period of suspension of production and business. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Twenty-fourth city and county people's governments and their relevant departments shall strengthen the supervision and management of construction activities according to law, and deal with violations of urban and rural planning.

Before the people's government at the city or county level makes a decision on house expropriation, it shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law. Compensation should be given to temporary buildings that have been recognized as legal buildings and have not exceeded the approved period; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.

Article 25 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Regulations, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house used for property right exchange, relocation expenses, temporary resettlement expenses or turnover of the house, loss of production or business suspension, relocation period, transition mode and transition period.

After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.

Article 26 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of this Ordinance, and make an announcement within the scope of house expropriation.

The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 25 of these Regulations.

If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Twenty-seventh the implementation of housing expropriation should be compensated first, and then moved.

After the people's government at the city or county level that made the decision on house expropriation compensated the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined in the compensation decision.

No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.

Article 28 If the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the people's government at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.

The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house.

Twenty-ninth house expropriation departments shall establish compensation files for house expropriation according to law, and announce the household compensation to the expropriated person within the scope of house expropriation.

Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.

Chapter IV Legal Liability

Article 30 If the staff of the people's government at the city or county level and the house expropriation department fail to perform their duties as stipulated in these Regulations in the house expropriation and compensation work, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, the people's government at a higher level or the people's government at the same level shall order them to make corrections, informed criticism; If losses are caused, it shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Thirty-first take violence, threats or in violation of the provisions of the interruption of water supply, heating, gas supply, power supply and road traffic and other illegal ways to force the expropriated person to move, resulting in losses, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law; Those who violate the administration of public security shall be punished according to law.

Thirty-second use violence, threats and other methods to hinder the housing expropriation and compensation work in accordance with the law, which constitutes a crime, shall be investigated for criminal responsibility according to law; Those who violate the administration of public security shall be punished according to law.

Article 33 Anyone who embezzles, misappropriates, privately divides, intercepts or defaults in the collection of compensation fees shall be ordered to make corrections, recover the relevant funds, return the illegal income within a time limit, and give a warning to the relevant responsible units, informed criticism; If losses are caused, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law.

Article 34 If a real estate appraisal institution or real estate appraiser issues a false or grossly wrong appraisal report, the issuing authority shall order it to make corrections within a time limit, give it a warning, impose a fine of 50,000 yuan to 200,000 yuan on the real estate appraisal institution, and impose a fine of 6,543.8+0,000 yuan to 30,000 yuan on the real estate appraiser, and record it in the credit file; If the circumstances are serious, the qualification certificate and registration certificate shall be revoked; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Article 35 These Regulations shall come into force as of the date of promulgation. In June of 200 1 13, the Regulations on the Administration of Urban House Demolition promulgated by the State Council was abolished at the same time. Before the implementation of these regulations, the projects that have obtained the house demolition permit according to law will continue to be handled in accordance with the original provisions, but the government shall not instruct the relevant departments to forcibly dismantle them.