Factory demolition

Chapter 1 General Provisions

Article 1 In order to strengthen urban management, safeguard the legitimate rights and interests of the parties involved in demolition, and ensure the smooth progress of the city, these Measures are formulated in accordance with the provisions of relevant laws and regulations and in combination with the actual situation of our city.

Article 2 These Measures shall apply to any demolition (including buildings, structures, and attachments) required for urban construction on state-owned land within the urban planning areas of our city.

Article 3 The parties involved in demolition as mentioned in these Measures include the demolished persons of the demolisher.

The demolisher refers to the construction unit or individual who has obtained the "House Demolition Permit".

The demolished persons refer to the owners of the demolished houses (including managers, managers of state-owned houses and buildings, structures and attachments authorized by the state and users with legal rights to use them).

Article 4 Urban house demolition shall be implemented as planned. The annual urban house demolition plan shall be prepared by the Municipal People's Government, organized by the relevant departments of urban and rural construction, land planning and management, etc.

Article 5 Urban house demolition must comply with urban planning requirements, be conducive to urban construction and old city reconstruction, take into account national, collective and individual interests, and adhere to the principles of fairness, justice, openness, and compensation of equal value.

Article 6 The demolishers must provide compensation and resettlement to the demolished persons in accordance with the provisions of these measures; the demolished persons must comply with the needs of urban construction and complete the relocation within the prescribed relocation period.

Article 7 The municipal urban construction administrative department is the city’s urban housing demolition department (hereinafter referred to as the house demolition department). Its affiliated urban construction and housing management agency is responsible for the daily management of house demolition.

Article 8 Governments at all levels and relevant departments and units such as public offices, urban management, land planning, real estate, industry and commerce, post and telecommunications, electricity, and water supply should actively cooperate with the urban house demolition work.

Chapter 2 General Provisions on Demolition Management

Article 9 A permit system is implemented for urban house demolition. Any unit or individual that needs to demolish a house must submit the following documents and information to the city’s housing demolition authority:

(1) Application for house demolition;

(2) Resettlement plan (including the scope and number of households, demolition period, implementation steps, compensation method and calculation plan, and the source, location, number of households, etc. of resettlement housing);

(3) Construction project plan approval documents;

(4) Construction land planning approval documents and planning and construction floor plans;

(5) Approval documents for real estate development projects from the real estate development management department or notice of winning the bid;

(6) Deposit certificate of house demolition compensation issued by a designated commercial bank;

(7) House destruction and property rights cancellation procedures issued by the real estate property rights and registration management agency.

Upon review and approval by the city's housing demolition authorities, a "House Demolition Permit" will be issued.

Article 10 The house demolition compensation shall be deposited into a designated bank account by the demolisher at RMB 800 per square meter of the demolition area. No unit or individual may misappropriate or withdraw the compensation without the consent of the housing demolition authority.

Article 11 On the day when the "House Demolition Permit" is issued, the competent department in charge of house demolition shall announce the person to be demolished, the scope of demolition, the period of demolition, the date of water, power, gas and telephone outages, etc. in a house demolition notice or other forms, and notify the relevant departments to implement a closure of the area and stop the following procedures:

(1) Approval for exchange, leasing, mortgage, pawn, gift, division, property division, exchange, and new building construction;

(2) Issuing a business license;

(3) Land use rights transfer, transfer, lease, mortgage, and land use approval.

(4) Enterprise restructuring, sale, leasing, contracting, merger, etc.

The period for suspending relevant procedures is 12 months. If the time limit needs to be extended, the demolisher shall apply for approval from the housing demolition department 20 days before the expiration, and notify the relevant departments 10 days before the expiration. The extension period shall not exceed 6 months.

Article 12 The demolition period should be reasonably determined. Generally, if the demolition volume is within 200 households (including 200 households), it will be 30 days, and if the demolition amount is more than 200 households, it will be 45 days. During the demolition period, the demolisher shall not stop the water supply, power supply, gas supply and heat supply to the demolished persons.

Article 13 To demolish houses managed by the real estate department, an agreement on property rights exchange and rent payment shall be submitted to the house demolition authority.

Article 14 The demolisher shall not change the approved scope of demolition and the prescribed period of demolition without authorization when carrying out house demolition. If the scope of demolition needs to be changed or the period of demolition needs to be extended due to special circumstances, the original approval authority must be reported to re-perform the approval procedures.

Article 15 After the "House Demolition Permit" is issued, if the demolisher still does not demolish the property for more than 6 months, the issuing authority will take back the "House Demolition Permit". Therefore, the losses caused to the demolished persons shall be borne by the demolishers. If the demolition party refuses to bear responsibility, the housing demolition authority shall deduct the demolition compensation from the demolition compensation through the designated bank and give it to the demolished persons.

Article 16 If the demolisher entrusts demolition, the entrusted party must be a unit that has obtained the qualification certificate for house demolition and holds a demolition permit. The person entrusted with the demolition should conduct a preliminary investigation of the proposed demolition project and submit a calculation report; organize the demolition person and the demolished person to sign a house demolition agreement; mobilize the relocation and receive letters and calls; organize the inspection and acceptance of the house recovery license and land use certificate; formulate a relocation plan; review and approve the layout drawings of the relocation houses, and arrange the order of house selection for the relocation.

Article 17 After the housing demolition authority issues a demolition announcement, the demolisher and the person being demolished shall sign a demolition compensation and resettlement agreement in accordance with the provisions of these measures. The contents of the agreement include:

(1) Ownership of property rights;

(2) Compensation form and amount;

(3) Resettlement location and household expenditure area;

(4) Currency resettlement price;

(5) Demolition transition methods and deadlines;

(6) Liability for breach of contract;

(7) Other terms deemed necessary by the parties.

The demolition compensation and resettlement agreement shall be formulated in a unified text by the municipal housing demolition department and shall be approved by the housing demolition and demolition department.

Article 18 If the demolisher and the person being demolished cannot reach an agreement on the dispute over demolition, the parties concerned may apply, and the competent department of house demolition will make a ruling according to law; if the person being demolished is the person in charge of house demolition, the decision shall be made by the people's government at the same level. If the parties are dissatisfied with the ruling, they may apply for administrative reconsideration or initiate administrative litigation in accordance with the law. During this period, the demolishers shall provide compensation and resettlement to the demolished persons in accordance with these measures and shall not stop the demolition.

Article 19 When demolishing a house that is managed in accordance with the law, if the custodian is the person entrusted with the demolition or the house demolition authority, the compensation and resettlement agreement must be notarized by a notary agency.

Article 20 After the expiration of the demolition period, if the demolished persons refuse to relocate or the houses built in violation of regulations refuse to be demolished, the people's governments at or above the county level may make a decision to demolish the houses within a time limit. If the demolition is not carried out within the time limit, the people's government at or above the county level may instruct the relevant departments to compel demolition, or the housing demolition department may apply to the people's court for compulsory demolition.

Article 21 The demolishers must first build houses to accommodate the demolished people, and then build other houses. The residential houses used to house the demolished persons must comply with the resettlement house type standards. The orientation, floors, and number of households will be determined based on the ratio of the planned design area to the resettlement area. Relocation must comply with current national design standards and quality standards.

The demolisher's residential building construction drawings and relocation plan for the resettlement of the demolished persons must be submitted to the housing demolition authority for review before construction. Construction can only be carried out after approval and the housing selection and location of the demolished persons.

Article 22 When the demolished persons relocate, they must maintain the integrity of the original house and must not damage the house facilities. Those who cause losses shall bear corresponding liability for compensation. The demolished old materials belong to the demolisher.

Article 23 The competent department of house demolition shall implement a house demolition archives management system. The demolisher and the person entrusted with the demolition shall transfer the demolition archives to the competent department of house demolition in accordance with regulations.

Chapter 3 Demolition Compensation

Article 24 The demolisher shall compensate the demolished persons in accordance with these Measures. No compensation will be provided for demolition of illegal buildings.

Article 25 Demolition compensation shall be in the form of property rights exchange, price compensation or a combination of property rights exchange and price compensation.

The area of ​​property rights exchange is calculated based on the construction area of ​​the demolished house; the amount of price compensation is settled based on the replacement price of the demolished house construction area.

Further reading:

• House demolition compensation agreement

• Common sense about demolition

• Demolition compensation and demolition precautions