How to talk about the conditions of the demolition

Question:
my parents to the demolition of the house. In Nanjing, the location very good, a lot should be. 37 square cottages. old couple now have more than 70 years old, and his father had last year, the brain stem , the mother is not a good body. there are only a dozen or so families did not moved. I talk about how their conditions? look out ideas to help you. first I would like to thank the

Answer:
six “pay attention to” matters

1, NOTE: well-known swing scene “10 public,” the contents of a full understanding of the demolition policy to safeguard the legitimate rights and interests.

F “10 public,” reads as follows: demolition laws and regulations; house demolition permit; house demolition notice; relocation of staff; resettlement plan room; resettlement programs; relocation compensation table project publicity; during office hours and office systems; real estate assessment reports; demolition agreement sample format.

2, Note: the demolition of staff posts required to carry permits. For failure to wear or wear a work permit the demolition and relocation notice requirements documents demolition units, demolition address, not the validity of, the right to refuse to be removed and relocated to its demolition compensation and resettlement issues to discuss.

3, Note: local residents at the meeting,拆迁户can make full use of the law to give the right to active and enthusiastic participation in the drawing of lots to determine the assessment of institutions, to safeguard their own legitimate rights and interests. Special

F Description: demolition of 10 in the following scale demolition projects, the assessment can be divided into families; its assessment of the identified bodies could be removed and relocated in consultation with the demolition or be determined by drawing lots.

4, note: a clear assessment of the connotation. House demolition, including classification of assessment and evaluation to assess their points. Classification assessment is on the demolition of houses and resettlement of the real estate market the average price of housing in the area; points to assess are the demolition of housing and resettlement housing by households conducted to assess the real estate market prices.

5, Note: assessment of treatment of a pricing dispute.

F demolition party in the classification based on an assessment of such agreement, the parties jointly commissioned by the demolition of a rating agency, the “household assessment” to assess the results of splitting as a standard of compensation.

F if not satisfied with splitting the assessment into the procedures for administrative decisions, the house demolition management office in Chengdu will be reviewed at the assessment and, if necessary, please Chengdu Housing Assessment Committee experts to identify the price. In line with the provisions to sub-families based on the results of the assessment as a decision; non-compliant will be ordered to the original valuation or a separate body to re-evaluate the assessment on the designated valuation, valuation of the cost of the original organizations.

6, Note: compensation and resettlement agreement is not reached a solution.

F demolition parties by consensus, no compensation and resettlement agreement, or a party refused to discuss the demolition compensation and resettlement issues, a party pack to move to apply for an administrative ruling. Was the demolition of housing or the lessee as provided in the decision not to move the relocation period, the house demolition management in accordance with the law apply to people’s court for compulsory relocation.

F if the demolition of an administrative ruling against the parties may apply for administrative reconsideration according to law or to the people’s court.

IV policy “kit” and the demolition

◆ New Deal policies “kit” to help the people of a worry-free kit

: low-cost subsidies, the “double hardship of families” priority application.

in line with the payment of rental subsidies for low-rent housing conditions to be removed and relocated, they can apply for low-rent housing with rental subsidies for a unified declaration by the demolition unit, the Center for low-cost housing security Chengdu Housing Office for examination and approval, a one-time payment of 5-year rental subsidies for low-rent housing . Tips

II: preferential support, supplement shall have relief.

housing to be removed and relocated the original property record card in the 15 square meters floor area of the following (including 15 square meters), his Office, no housing, and holds a “low assurance”, and change in the implementation of property rights, the resettlement housing for the set of a type and in accordance with the relevant provisions of settlement of the difference, they were to meet the deficiency by the demolition of 30% shall pay to the demolition (no longer enjoy the benefits of a one-time payment), in fact, 70 percent of the relief section of the supplement.

housing to be removed and relocated the original property record card in the 15 square meters floor area more than 25 sq m (including 25 square meters), his Office, no housing, and holds a “low assurance” in the implementation of property rights exchange, when, where placement of a housing (including a set of two or three types of housing), the clearing price, they were to meet the deficiency by the demolition of 50% shall pay to the demolition (no longer enjoy the benefits of a one-time payment), in fact, relief 50% of the supplement section. Tips

three: to help the poor and assist the weak, the disabled enjoy the “benefits.” demolition man-made

by persons with disabilities, in the resettlement of the room floor, are entitled to appropriate care; minimum security holders Jinling city life of people with evidence, receiving payments of temporary shelters and moving time-consuming than the standard 20%; to solve the transition room (only for transitional placement) there are difficulties of the disabled, the removal units should be properly handled to provide working room. Four Tips

: the introduction of bank mortgages, and enhance ability to pay back the principal.

choose whether拆迁户”monetary compensation” or “exchange of property rights” approach can be used to buy housing or resettlement housing demolition, Chengdu housing through home security company as collateral to apply for housing loans, the procedures simple, fast, and low cost. Five Tips

: admission, transfer convenience fee-free switch to a different school.拆迁户to resolve

their children to school, school problems,危改City Department of Education Office and the City issued a joint policy, the provisions of拆迁户to facilitate their children go to school nearby. At the same time, the provisions of City primary and secondary schools for any reason shall refuse to accept the organization of education-related executive departments拆迁户their children to school, schools may not charge any additional cost. New Deal

◆ demolition, rights of way open

decision to apply for demolition

hearing the dispute ruled that where the demolition work did not reach the number of compensation and resettlement agreement for more than 20% of the total number of拆迁户above, will be whether to accept the demolition decision to apply for a hearing.

hearing will be held in the three working days before, the management of house demolition in Chengdu will be the holding of the hearing time, place, written notice of the demolition parties or their agents. Hearing, there will be 5-10 with social credibility of the people as hearing people. Justification if the demolition parties, in a specified time not to participate in the hearing or during the hearing process without permission from the hearing, statements or deemed to have waived the right to defend themselves, but the ruling does not affect the admissibility of the demolition.

demolition

administrative reconsideration of an administrative ruling against the parties, in addition to self “award” from the date of service of three months the people’s court, but also from the “award” served within 60 days from the date of application for administrative reconsideration. administrative review

sector: Real Estate Board regulations, Chengdu Office

Special Tip: demolition and relocation of people were eligible to apply for a ruling.

by administrative decisions to apply for demolition should be submitted to the relevant information: the ruling application; applicant proof of identity; was the demolition of housing ownership certificate; to apply for awards and related documents; ruling agencies to provide the other materials. demolition

sector administrative ruling: House Demolition Management Office in Chengdu

five, consulting, monitoring, reporting, complaints

◆ demolition units and their staff violations:

demolition units and their staff to implement the demolition when demolition , to intimidation, coercion, as well as water, electricity, and stop gas, heating means such as forced relocation to be removed and relocated; violation of the demolition policy, on its own, formulate resettlement compensation standards; fraud, abuse of power, against the state, collectives and individuals in the legal the rights and interests; parties did not reach demolition compensation and resettlement agreement, the procedures are not organized by the forced demolition of a house.

◆ penalties for violations of a

verified, house demolition management department will demolish the units and their staff imposed a warning, confiscate illegal income, write-off of the demolition work permit eligible to write off demolition permit shall be ordered to stop demolition, the imposition of fines, etc. punishment; violation of the criminal law will be held criminally responsible. demolition policy
answer

1. Q: demolition, the criteria for deciding what the size of the resettlement housing?

A: The demolition of the area of resettlement housing property rights with reference to the demolition permit has been documented in the construction area. discount if

housing or to move the actual size and placement of housing on the property record card does not match the area, property rights are entitled to apply for housing rehabilitation departments Zhangting Registration and Certificate issued.

2. Q: I have a number of houses surrounding structures, part of the demolition when the building can be compensated?

A: According to the State Council Decree No. 305 and the city twenty-second paragraph of Article 88 the provisions of Decree第四十一条to remove illegal buildings and more than the approval of the interim construction period, without compensation.

City property in accordance with the Housing Authority made into [2004] No. 85 “Chengdu Property Authority to do a good job on the work of house demolition notice” provisions, unit self-built houses inhabited by workers, with the official account of the city residents personal construction of owner-occupied house demolition license to November 25, 1981 Municipal People’s Government “resolutely put an end to the city on notice of illegal construction” for the time prior to the construction of the building structure if the informal, after review by the demolition unit, can be reference card house demolition compensation; built after that, the demolition unit may, as appropriate, the compensation given quantity (the planning that the executive branch of the law except for illegal construction).

3, Q: real estate the right to housing reform record does not square with the actual area of how to do?

A: Demolition of housing reform housing, relocation housing was an area of property registration is inconsistent with the actual area, in accordance with the request to be removed and relocated by the relocation of people to the Housing Registration unified department in charge of the application review, review of the area covering more than the original part of the registration , demolition of houses by buyers at the time of the original cost of housing reform售房units of housing reform房价款make up after the demolition of housing reform were售房can add up contracts and receipts shall increase the area for demolition compensation and resettlement procedures.

4. Q: My property rights permit the use of the records is residential, but have been used for business. Whether the demolition of houses as a sales compensation and resettlement?

A: If the housing demolition permit on the property for residential use, but practical for business relocation in the scope of inspection of the business license before the duty-paid certificate and planning approval of the conversion document, in accordance with the business house compensation and resettlement.

5. Q: After the relocation, the assessment was the demolition of housing agencies to make the classification assessment report. My housing is in accordance with the classification of the assessment can only compensate for the price?

A: determine the scope of demolition, the rating agencies on the classification of demolition to make assessment of housing prices is the demolition parties the basis of consultations.

6, Q: I am splitting the housing requirements of assessment who will pay the cost?

A: According to Chengdu People’s Government Order No. 100, “the city of Chengdu to assess compensation for house demolition management implementation method,” the provisions of Article 26, was the demolition of housing to assess the sub-costs, by the demolition party consultation, which fails, by demolition and relocation of people to be in equal shares.

7. Q: resettlement housing quality do not meet national standards, I have the right to refuse to accept it?

A: You have the right to refuse to accept them. According to the State Council Decree No. 305 and Chengdu People’s Government, the provisions of Order 88, relocation of people should be provided in line with national standards of quality and safety of the housing, for demolition resettlement.

8. Q: Moving subsidy standard is how much?

A: If the housing is housing demolition, calculated by households, 300 million; the implementation of transitional resettlement, distributed by 2; non-residential demolition party from its own consultations, consultation fails, the person responsible for the removal from the demolition .

9, Q: I had 3 family members living in housing, when the demolition of the 3 sets of resettlement housing, moving expenses whether paid by 3?

A: Moving subsidies calculated according to household, there is evidence of property rights prevail, that is, a permit for a property, each 300 yuan, the implementation of transitional resettlement, distributed by 2 times.

10, Q: the implementation of monetary compensation for the business room, how the calculation of employees? 45-day loss of production of business expenses paid how?

A: The employees in the industrial and commercial administration departments, whichever is the number of approved practitioners.

way of monetary compensation to the choice of the demolition to give 45 days loss of production of business expenses, the calculation formula is: within the five urban areas to the city’s statistics department announced last year the average wage income of urban workers × industrial and commercial administration departments the number of approved practitioners × release time of 1.5 months (45 days).

11, Q: I am a demolition range of households can request removal?

A: No. Relocation of people with the approval of the relevant documents and materials, house demolition by the Urban Audit Office issued a “demolition permit”, agreed to demolish the red line in planning the scope of the implementation of the demolition. That is to say, in the planning of housing within the red line must be removed, no choice to be removed and relocated. However, the demolition and relocation may be on the amount of compensation and resettlement consultation.

12, Q: I am operating room lessee, the lease is yet to come, the demolition of what compensation would be?

A: As for the operating room of the lessee, if the lease is yet to come, that the lessee’s lease with the property rights of the legitimate existence of the relationship. Therefore, the first property in consultation with the lifting of the lease the lessee, or by the property rights of the lessee to carry out resettlement. If property rights and the lifting of the lease the lessee of an agreement, the demolition shall be removed and relocated on the property rights to implement change. Property rights by the original housing swap housing tenant lease, should be removed and relocated to the original lessee re-establishment of housing rental contract. That is, the Housing Authority by the lessee the right to use appropriate protection.

13. Q: I am a low family, I was less than 15 square meters of housing demolition. The demolition of which can enjoy preferential policies?

A: The demolition of private owner-occupied housing, housing to be removed and relocated the original floor area of 15 sq m, he Department, no housing, and urban minimum living security holders Jinling evidence, and in the implementation of property rights exchange, the resettlement housing for the sets of one, when the settlement price, just to be removed and relocated to meet the 30% supplement shall pay to the demolition (no longer enjoy the one-time payment discount).

14, Q: I am disabled, what policies the demolition?

Answer: because of the needs of urban construction planning the demolition of housing people with disabilities should be based on the principle of the convenience of living room floors in resettlement be properly taken care of. To pay temporary resettlement subsidies and moving time-consuming, to receive the minimum living security of urban poor people with money than the required standards should be increased by 20%.

15, Q: I am a Chinese, what policies the demolition?

A: Demolition of returned overseas Chinese, their relatives after the founding of the People’s Republic of China built using remittances to purchase private housing, property rights exchange, and may be rehoused in the vicinity and under the same conditions, given by the demolition of buildings to choose the level and direction of care. Was the demolition of property rights does not require the exchange of people, the demolition should be lots of different housing construction area of the original price plus 10% of replacement compensation.

16. Q: Why did the demolition hearing disputes?

A: According to the Ministry of Construction, “Urban Housing Demolition work of an administrative ruling of order” and made into a room [2004] No. 54 “in Chengdu city house demolition hearing procedures (for trial implementation)” provides that in order to ensure decisions and administrative compulsory demolition demolition legitimate, just and safeguard the legitimate rights and interests of the demolition, the demolition of housing demolition management in the admissibility decision of the administrative application or the application before the forced evictions in order to form a hearing to listen to the demolition of the parties and hearing officers to apply for a matter of opinion or advice.

17. Q…

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