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Some opinions on compensation for urban house demolition and resettlement in Beijing
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Article author：Yingting Lawyers Group | Update time：2019-04-26 | Reading times：350
beijing city houseDemolitionarrangecompensationSome opinions (2009
Regarding further improving urban housing in this cityDemolitionarrange andcompensationSome opinions on work
Beijing Construction and Demolition [2009] No. 431 June 15, 2009
Beijing Municipal Housing and Urban-Rural Development Commission
All district and county people's governments and all relevant units:
In order to further improve the city’s urban housingDemolitionwork, maintenanceDemolitionThe legitimate rights and interests of the parties to ensure the smooth progress of urban construction, according to the "Urban HousesDemolition"Processing Law" (State Council Order No. 305, hereinafter referred to as the "Law"), "Beijing Urban HousingDemolition"Management Measures" (Municipal Government Order No. 87, hereinafter referred to as the "Measures") and other relevant rules, with the approval of the municipal government, we will now further improve the city's urban housingDemolitionarrange andcompensationThe work puts forward the following opinions:
1. Build urban houses wellDemolitionarrange andcompensationOperations related to legal maintenanceDemolitionAll districts, counties, and departments must attach great importance to the legitimate rights and interests of the parties and the overall economic and social development and stability of the capital. In accordance with the work arrangements and requirements of the municipal party committee and government on ensuring growth, people's livelihood, and stability, adhere to the people-oriented and the principles of fairness, equity, and transparency, and effectively do a good job in urban housing in accordance with the law.Demolitionarrange andcompensationHomework.
2. All district and county governments should strengthen the supervision of housingDemolitionArrange, lead and manage the work, and make overall plans for the houseDemolitionVarious operations; it is necessary to speed up the arrangement of construction or acquisition orientationDemolitionArrange rooms through multiple channelsDemolitionArrange housing resources to ensure operations; guide and supervise the construction unit to make reasonable preparationsDemolitionImplementation plans and arrangementscompensationPlan, implement and arrange housing andcompensationFunds, implementation of the house in accordance with the lawDemolition; To perform maintenance in accordance with the lawDemolitionThe legitimate rights and interests of the parties and their responsibilities for maintaining stability shall be strengthened.DemolitionLegal strength to ensure the smooth progress of construction projects.
3. Urban residential houses in this cityDemolition, wasDemolitionPeople can choose housing arrangements or moneycompensation.
The construction unit should further increase the intensity of housing arrangements and properly arrange theDemolitionpeople, make sure to beDemolitionpeople’s living conditions.
4. If housing arrangements are implemented, the basis forDemolitionthe person’s original domicile status andDemolitionFor project practice, the following methods can be adopted:
(1)DemolitionThe two parties shall implement property rights exchange in accordance with the provisions of the "Law" and "Measures", and shallDemolitionof housecompensationThe difference between the amount and the price of the exchanged house is settled.
(2)DemolitionThe parties involved on both sides shall beDemolitionThe original building area of the house will be replaced. Districts and counties can combineDemolitionSpecific replacement measures will be formulated based on factors such as the actual situation of the person's original residence and the location of the relocation.
5.DemolitionHomework must be closely integrated with home security work. Regarding requests for low-rent housing, affordable housing, and limited-price commercial housingDemolitionFor needy families, the district and county residence guarantee handling department is in charge ofDemolitionThe announced rules must be implemented within the relocation periodDemolitionOn-site acceptance, review, and public announcement; for those who meet the conditions, the residence guarantee management department will give priority to leasing and allotment.
6. Implement currencycompensationof,DemolitionMoneycompensationThe price is determined by the real estate price review organization (hereinafter referred to as the review organization) based on theDemolitionThe location, use, construction area and other factors of the house are determined by referring to recent market transaction price reviews of similar real estate.
DemolitionReviews should generally adopt the shopping mall comparison method. Review arrangements should be reviewed and approved firstDemolitionhouse within rangeDemolitionThe base price of reviews, combined with theDemolitionComments on the actual condition of the house acknowledge the specificscompensationamount, and issue a household evaluation statement.
7.DemolitionThe benchmark price for reviews should be withinDemolitionThe range will be announced for 7 days. During the publicity period, the review organization should conduct on-site explanations and listen to relevant opinions;DemolitionIf the parties concerned have objections to the benchmark price, they may apply for technical appraisal from the Expert Committee of the Beijing Association of Real Estate Appraisers and Land Appraisers (hereinafter referred to as the Expert Committee) during the publicity period.
8.DemolitionIf the party concerned has objections to the household evaluation report issued by the evaluation organization, within 5 days from the date of receipt of the evaluation report, the following methods may be adopted:
(1) Make a written request for review to the original review organization. The review organization shall respond within 5 days from the date of receipt of the written request.
(2) Separately entrust Dianping to arrange reviews. The entrusted evaluation organization shall issue an evaluation report within 10 days.
Regarding further improving urban housing in this cityDemolitionarrange andcompensationSome opinions on work
Beijing Construction and Demolition [2009] No. 431 June 15, 2009
Beijing Municipal Housing and Urban-Rural Development Commission
All district and county people's governments and all relevant units:
In order to further improve the city’s urban housingDemolitionwork, maintenanceDemolitionThe legitimate rights and interests of the parties to ensure the smooth progress of urban construction, according to the "Urban HousesDemolition"Processing Law" (State Council Order No. 305, hereinafter referred to as the "Law"), "Beijing Urban HousingDemolition"Management Measures" (Municipal Government Order No. 87, hereinafter referred to as the "Measures") and other relevant rules, with the approval of the municipal government, we will now further improve the city's urban housingDemolitionarrange andcompensationThe work puts forward the following opinions:
1. Build urban houses wellDemolitionarrange andcompensationOperations related to legal maintenanceDemolitionAll districts, counties, and departments must attach great importance to the legitimate rights and interests of the parties and the overall economic and social development and stability of the capital. In accordance with the work arrangements and requirements of the municipal party committee and government on ensuring growth, people's livelihood, and stability, adhere to the people-oriented and the principles of fairness, equity, and transparency, and effectively do a good job in urban housing in accordance with the law.Demolitionarrange andcompensationHomework.
2. All district and county governments should strengthen the supervision of housingDemolitionArrange, lead and manage the work, and make overall plans for the houseDemolitionVarious operations; it is necessary to speed up the arrangement of construction or acquisition orientationDemolitionArrange rooms through multiple channelsDemolitionArrange housing resources to ensure operations; guide and supervise the construction unit to make reasonable preparationsDemolitionImplementation plans and arrangementscompensationPlan, implement and arrange housing andcompensationFunds, implementation of the house in accordance with the lawDemolition; To perform maintenance in accordance with the lawDemolitionThe legitimate rights and interests of the parties and their responsibilities for maintaining stability shall be strengthened.DemolitionLegal strength to ensure the smooth progress of construction projects.
3. Urban residential houses in this cityDemolition, wasDemolitionPeople can choose housing arrangements or moneycompensation.
The construction unit should further increase the intensity of housing arrangements and properly arrange theDemolitionpeople, make sure to beDemolitionpeople’s living conditions.
4. If housing arrangements are implemented, the basis forDemolitionthe person’s original domicile status andDemolitionFor project practice, the following methods can be adopted:
(1)DemolitionThe two parties shall implement property rights exchange in accordance with the provisions of the "Law" and "Measures", and shallDemolitionof housecompensationThe difference between the amount and the price of the exchanged house is settled.
(2)DemolitionThe parties involved on both sides shall beDemolitionThe original building area of the house will be replaced. Districts and counties can combineDemolitionSpecific replacement measures will be formulated based on factors such as the actual situation of the person's original residence and the location of the relocation.
5.DemolitionHomework must be closely integrated with home security work. Regarding requests for low-rent housing, affordable housing, and limited-price commercial housingDemolitionFor needy families, the district and county residence guarantee handling department is in charge ofDemolitionThe announced rules must be implemented within the relocation periodDemolitionOn-site acceptance, review, and public announcement; for those who meet the conditions, the residence guarantee management department will give priority to leasing and allotment.
6. Implement currencycompensationof,DemolitionMoneycompensationThe price is determined by the real estate price review organization (hereinafter referred to as the review organization) based on theDemolitionThe location, use, construction area and other factors of the house are determined by referring to recent market transaction price reviews of similar real estate.
DemolitionReviews should generally adopt the shopping mall comparison method. Review arrangements should be reviewed and approved firstDemolitionhouse within rangeDemolitionThe base price of reviews, combined with theDemolitionComments on the actual condition of the house acknowledge the specificscompensationamount, and issue a household evaluation statement.
7.DemolitionThe benchmark price for reviews should be withinDemolitionThe range will be announced for 7 days. During the publicity period, the review organization should conduct on-site explanations and listen to relevant opinions;DemolitionIf the parties concerned have objections to the benchmark price, they may apply for technical appraisal from the Expert Committee of the Beijing Association of Real Estate Appraisers and Land Appraisers (hereinafter referred to as the Expert Committee) during the publicity period.
8.DemolitionIf the party concerned has objections to the household evaluation report issued by the evaluation organization, within 5 days from the date of receipt of the evaluation report, the following methods may be adopted:
(1) Make a written request for review to the original review organization. The review organization shall respond within 5 days from the date of receipt of the written request.
(2) Separately entrust Dianping to arrange reviews. The entrusted evaluation organization shall issue an evaluation report within 10 days.
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