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What are the management measures for store demolition compensation?
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Article author：Yingting Lawyers Group | Update time：2022-11-10 | Reading times：877
The following are the relevant provisions of the procedures that Yingting Lawyers Group should follow regarding urban house demolition:
(1) Evaluate and provide budget estimates for demolition projects;
(2) The demolisher shall apply for a house demolition permit from the house demolition management department;
(3) The house demolition management department issues a demolition announcement;
(4) The appraisal agency conducts price appraisal on the demolished houses and publishes the appraisal results;
(5) The demolisher and the person being demolished or the demolisher and the person being demolished or the lessee of the house enter into a written demolition compensation and resettlement agreement;
(6) The demolishers shall carry out compensation and resettlement and carry out house demolition in accordance with the demolition compensation and resettlement agreement.
Article 7 The unit demolishing the house can only carry out the demolition after obtaining the house demolition permit.
To apply for a house demolition permit, the following materials should be submitted to the house demolition management department where the house is located:
(1) Application for house demolition;
(2) Construction project approval documents;
(3) Construction land planning permit (with red line map of demolition scope attached);
(4) State-owned land use certificate or construction land approval document, land requisition approval document;
(5) Demolition plan and demolition plan, including the scope of demolition, objects to be demolished, the purpose of the house, area, ownership, demolition implementation steps, safety protection, environmental protection measures, various compensation and subsidy budgets, implementation of resettlement houses, turnover houses or other temporary transitional measures, demolition methods and time limits, demolition and evaluation entrustment contracts, etc.;
(6) Deposit certificate of sufficient demolition compensation and resettlement funds issued by a financial institution that handles special deposit business.
The house demolition management department shall review the application matters within 30 days from the date of receipt of the application, and issue a house demolition permit if the conditions are met.
Article 8 When issuing a house demolition permit, the house demolition management department shall publish the demolisher, demolition scope, demolition period, demolition implementation unit and other matters stated in the house demolition permit in the form of a house demolition announcement. Announcements of house demolition shall be posted within the demolition area or published in major local newspapers. The time for implementation of house demolition construction shall be no less than 30 days from the date of announcement of demolition. For overseas Chinese and other people living outside the country (territory), the demolisher shall notify in writing the time for house demolition, and the demolition time shall be extended accordingly.
Article 9 The house demolition management department, demolishers, demolition implementation units and assessment agencies shall promptly carry out publicity and explanation work to the demolished persons. The units and sub-districts, towns and residents' (villages) committees of the demolished persons shall provide assistance and truthfully provide information on the ownership of houses and land. The term "demolition implementing unit" as mentioned in the preceding paragraph refers to the unit that has obtained the qualification certificate for urban house demolition in accordance with the law, accepts the entrustment of the demolisher, mobilizes the demolished people for demolition, and organizes the signing of the demolition compensation and resettlement agreement.
Article 10 The demolisher shall carry out house demolition within the demolition scope and demolition period specified in the house demolition permit. If the demolisher needs to extend the demolition period, he shall apply to the house demolition management department in advance according to regulations, and the house demolition management department shall respond within 10 days from the date of receipt of the application for extension of demolition.
Article 11 The demolishers may do the demolition themselves, or they may entrust the demolition implementation unit to do the demolition. The house demolition management department shall not act as the demolisher or accept the demolition entrustment.
Article 12 Personnel engaged in house demolition and demolition assessment business shall undergo professional training and assessment by the house demolition management department and obtain a job certificate before they can engage in demolition work. The demolished persons have the right to require personnel engaged in house demolition and demolition assessment business to produce employment certificates.
Article 13 When the demolisher entrusts demolition, he may use bidding or agreement when determining the entrusted demolition unit. The demolisher shall issue a letter of entrustment to the entrusted demolition unit and enter into a written demolition entrustment contract. The entrusted demolition unit shall not transfer the demolition business.
Article 14 After the scope of demolition is determined, units and individuals within the scope of demolition shall not engage in the following activities:
(1) Newly built, expanded or renovated houses;
(2) Change the use of houses and land, and apply for industrial and commercial business licenses;
(3) Rental housing.
The house demolition management department shall notify in writing the planning, planning, land, construction, industry and commerce and other relevant departments as well as the sub-district offices and township (town) people's governments to suspend relevant procedures regarding the matters listed in the preceding paragraph. The written notice of suspension of processing shall specify the period of suspension. If the demolisher needs to extend the suspension period, he must obtain approval from the housing demolition management department, and the extension of the suspension period shall not exceed one year.
Article 15 The demolisher and the person being demolished shall sign a demolition compensation and resettlement agreement in accordance with the provisions of these Measures. The demolition compensation and resettlement agreement shall specify the compensation method and amount, resettlement housing area and resettlement location, relocation period, relocation transition method and transition period, liability for breach of contract, dispute resolution methods, etc. If a leased house is to be demolished, the demolisher shall enter into a demolition compensation and resettlement agreement with the demolished person and the lessee of the house. If the demolisher entrusts the demolition implementation unit with demolition, the demolisher and the demolition implementation unit shall stamp their seals on the demolition compensation and resettlement agreement and clarify the liability for breach of contract.
Article 16: If houses with unclear property rights or disputes over property rights and houses managed by the real estate management department need to be demolished, the demolition compensation and resettlement agreement must be notarized by a notary public and evidence preservation must be carried out.
Article 17: After a demolition compensation and resettlement agreement is concluded, if the demolished person or house lessee refuses to relocate within the relocation period, the demolisher may apply to the arbitration committee for arbitration in accordance with the law, or may file a lawsuit in the People's Court in accordance with the law. During the litigation period, the demolisher may apply to the People's Court for first execution in accordance with the law.
Article 18 If the demolisher and the person being demolished, or the demolisher and the person being demolished, or the lessee of the house fail to reach an agreement on compensation and resettlement for demolition, the decision shall be made by the house demolition management department upon application by the parties concerned. The house demolition management department belongs to the people being demolished and shall be adjudicated by the people's government at the same level. The ruling shall be made within 30 days from the date of receipt of the application.
If the party concerned is dissatisfied with the award, he may file a lawsuit with the People's Court within 3 months from the date of delivery of the award. If the demolisher has provided monetary compensation to the demolished persons or provided housing for demolition resettlement or turnover in accordance with the provisions of these Measures, the execution of the demolition will not be suspended during the litigation period.
Article 19 If the person being demolished or the lessee of the house fails to relocate within the relocation period stipulated in the ruling, the people's government of the city or county (city) where the house is located shall instruct the relevant departments to perform compulsory demolition, or the housing demolition management department may apply to the people's court for compulsory demolition in accordance with the law. Before compulsory demolition is carried out, the demolisher shall apply to the notary public for evidence preservation on matters related to the house to be demolished.
Article 20 Demolition involving military facilities, churches, temples, cultural relics and historic sites shall be handled in accordance with relevant laws and regulations.
Article 21 The transfer of a construction project that has not yet completed demolition, compensation and resettlement must be approved by the housing demolition management department, and the relevant rights and obligations in the original demolition, compensation and resettlement agreement will be transferred to the transferee accordingly. The project transferor and transferee shall notify the demolished persons in writing and make an announcement within 30 days from the date of signing the transfer contract.
Article 22 The compensation and resettlement funds for house demolition carried out by the demolition party shall be deposited in full in a financial institution that handles special deposit business, and all funds shall be used for compensation and resettlement of house demolition and shall not be used for other purposes. If the demolition compensation and resettlement funds are insufficient, the house demolition management department will not issue a house demolition permit. The house demolition management department shall strengthen the supervision of the use of demolition compensation and resettlement funds, enter into a supervision agreement for the use of demolition compensation and resettlement funds with the demolishers or demolition implementation units, and financial institutions that issue demolition compensation and resettlement fund certificates, and clarify the conditions, procedures, liability for breach of contract, etc. for the use of funds.
Article 23 House demolition shall be undertaken by enterprises that have the conditions to ensure safety and have a construction enterprise qualification certificate; the construction enterprise must prepare a house demolition plan and accept the safety supervision of the construction administrative department. The person in charge of the construction enterprise shall be responsible for safety.
Article 24 The demolition and demolition implementation unit shall, within 5 days after the demolition of the houses within the demolition scope is completed, submit it to the house demolition management department for acceptance.
Article 25 The house demolition management department shall establish and improve the demolition archives management system and strengthen the management of demolition archives. The demolisher shall promptly organize and properly keep the demolition materials in accordance with complete, accurate and standardized requirements, and submit them to the housing demolition management department for archiving within one month after the demolition project is accepted.
Warm reminder: Due to the different types and standards of compensation in different places and the complexity of land acquisition and demolition, the content of this article cannot be completely specific to your situation. To save you time, we recommend that you call our free lawyer service hotline 4000083855 or click the online consultation button on the website to communicate with our professional lawyers in a timely manner. We will answer your questions as soon as possible. You can also enter your phone number through the free telephone consultation on the right, and our lawyers will call you back for free to better help you solve the land acquisition and demolition problem. Beijing Yingting Law Firm’s free legal service platform for land acquisition and demolition
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