What is the 2010 house demolition standard?

Reply Time: 03-31 17:27

The 2010 housing demolition standards in Heilongjiang Province can refer to the following Measures:

Article 1: In order to standardize urban housing demolition compensation valuation practices, ensure the smooth progress of urban housing demolition, and protect the legitimate rights and interests of the parties involved in the demolition, based on the State Council's "Regulations on Urban Housing Demolition Management", "Heilongjiang Province Urban Housing Demolition Management Regulations" and the Ministry of Construction's "Urban Housing Demolition Valuation Guidelines", combined with the actual situation of this province, the Heilongjiang Province Urban Housing Demolition Compensation Valuation Management Measures are formulated. Hereinafter referred to as the Measures.

Article 2: Any activities involving the valuation of housing demolition compensation or the administrative management of housing demolition compensation within the urban planning areas on state-owned land in this province shall comply with these Measures.

Article 3: The provincial construction administrative department is responsible for managing the entire province’s urban housing demolition compensation valuation work and implementing these Measures; various administrative regions, cities, and county housing demolition management departments are responsible for managing the urban housing demolition compensation valuation work within their administrative regions.

The Heilongjiang Farm Reclamation Bureau and Forestry Bureau are responsible for the housing demolition compensation valuation management work outside the urban planning areas within their systems, while accepting supervision and guidance from the provincial construction administrative department in business matters.

Article 4: The term "demolition compensation valuation" as used in these Measures refers to the appraisal of the real estate market price of the demolished houses, taking into account factors such as location, use, and building area, in order to determine the monetary compensation amount for the demolished houses.

The house demolition assessment price represents the real estate market price of the demolished house and does not include relocation allowances, temporary resettlement allowances, compensation for production halt and business interruption caused by non-residential house demolition, or compensation for indoor self-decorated decoration of the demolished house. The compensation amount for indoor self-decorated decoration of the demolished house is determined through negotiation between the demolisher and the demolished party; if no agreement is reached, it can be determined through commissioned appraisal.

The evaluation standard for the compensation amount of self-decorated interior decoration of the demolished house can be formulated by each city according to the local actual situation.

Article 5: Demolition valuation should adhere to the principles of independence, objectivity, fairness, and legality. No organization or individual may illegally interfere with demolition valuation activities or the results of the valuation.

Article 6: House demolition compensation valuation is entrusted by the demolisher to real estate valuation institutions with demolition valuation qualifications published by the provincial construction administrative department (hereinafter referred to as valuation institutions). The main valuation personnel in the demolition compensation valuation must be registered real estate appraisers and assistant real estate appraisers.

Article 7: Real estate valuation institutions conducting house demolition compensation valuations are recommended by municipal housing demolition management departments (for the reclamation and forestry systems, recommendations are made by the Heilongjiang Farm Reclamation Bureau and Forestry Bureau), and published by the provincial construction administrative department.

Article 8: The valuation date for house demolition compensation is the start date of the demolition period specified in the house demolition license issued by the house demolition management department.

The standard for house demolition assessment prices is open market value, without considering factors such as house leasing, mortgage, or seizure.

Article 9: It is preferable to conduct house demolition compensation valuations with buildings as objects, primarily using the market comparison method to assess the benchmark price of the entire demolished building based on factors such as the location, use, architectural structure, and newness of the demolished house, then appropriately adjusting and revising this benchmark price based on factors such as the position, floor level, orientation, lighting, layout, and building area of each demolished house to determine the assessed price of each demolished house.

The use (nature) and area of the demolished house shall be determined according to the records in the property ownership certificate and ownership archives.

Article 10: For the demolition compensation valuation of temporary buildings not exceeding the approved term, the valuation shall be conducted based on the temporary building engineering cost standard in conjunction with the remaining term.

Article 11: The valuation of the demolished houses and the replacement houses in the same demolition project should be entrusted to the same valuation institution.

Article 12: Municipal and county people's governments or their authorized departments shall, based on the local real estate market transaction prices, organize relevant departments such as property, construction, land, price control, and demolition to formulate and regularly publish once a year the real estate market prices of various types of houses in different areas, with different uses (natures), and different architectural structures, as well as the minimum limit prices for demolished houses in the region. If the assessed price of the demolished house is lower than the minimum limit price, the minimum limit price shall be enforced.

Article 13: The determination of the demolition valuation institution should be open and transparent, determined by methods such as drawing lots by the demolisher. After the valuation institution is determined, the demolisher shall enter into a written entrustment contract for house demolition compensation valuation with that valuation institution, paying the entrustment fee according to the national valuation fee standards. Valuation fees are charged per household.

Article 14: Demolition valuation personnel should conduct on-site inspections of the demolished houses, keep on-site inspection records, and take images reflecting the appearance and internal condition of the demolished houses.

On-site inspection records should be signed and acknowledged by the on-site inspection valuation personnel and the demolition parties.

If the demolished party prevents the inspection of their house, taking of images, or refuses to sign the on-site inspection record due to reasons attributable to them, there should be a disinterested third party, other than the demolisher and the valuation institution, as a witness, and corresponding explanations should be made in the valuation report.

Demolition parties should truthfully provide the necessary certificates, approvals, and materials for valuation to the valuation institution and cooperate with the valuation institution in conducting on-site inspections. If the demolition parties cause inaccuracies in the valuation due to their own reasons, they will bear the responsibility.

The entrusted valuation institution and valuation personnel need to review the real estate ownership archives and related real estate transaction information of the demolished houses, and the real estate management and relevant departments should allow access to the archives.

Article 15: The valuation institution should complete the entrusted valuation task according to the time and standards agreed upon in the valuation entrustment contract and provide the demolisher with an overall valuation report for all the demolished houses and a separate household valuation report for the demolished houses. The demolisher should provide the demolished party with the separate household valuation report for their demolished house.

Article 16: House demolition compensation valuation implements a public announcement system.

Before the establishment of the demolition compensation agreement, the valuation institution should publicly announce the name of the demolished party, the doorplate number of the demolished house, the assessed price, etc., within the demolition scope, with a public announcement period of 7 days, providing on-site explanations, listening to relevant opinions, and accepting social supervision.

Article 17: If the demolisher or the demolished party has questions about the valuation report, they can consult the valuation institution. The valuation institution should explain the basis, principles, procedures, methods, parameter selection, and the process of generating the valuation result for the demolition valuation to them.

Article 18: The entrusted valuation institution shall not transfer or covertly transfer the entrusted valuation business. The valuation institution and valuation personnel who have conflicts of interest with the demolition parties or are themselves demolition parties should avoid participation.

Article 19: The currency unit for the valuation price of demolition compensation should be accurate to the yuan.

Article 20: For property exchanges, after the compensation amount for the demolished house is determined, when settling the difference in price between the demolished house and the replacement house, the price of the replacement house is assessed and determined by the same valuation institution according to Article 9 of these Measures.

Article 21: The municipal housing demolition management department at the prefecture level should organize relevant experts to form a real estate valuation expert committee, responsible for technical guidance on demolition valuation business and identification of valuation disputes in the region.

The real estate valuation expert committee consists of experts with registered real estate appraiser qualifications and expertise in real estate law and other relevant fields.

After accepting the technical identification of demolition valuation, the valuation expert committee should assign three or more (including three) odd-numbered members to form an identification group to handle the technical identification of demolition valuation matters.

Members of the identification group who have conflicts of interest with the original valuation institution or the demolition parties, or who are themselves demolition parties, should avoid participation.

The original valuation institution should cooperate with the valuation expert committee in doing the identification work.

Article 22: If the demolition parties have objections to the valuation results, within five days of receiving the valuation report, they can apply in writing to the original valuation institution for a re-examination valuation, or they can commission another valuation institution for valuation.

For the demolition parties who commission another valuation institution for valuation, the entrusted valuation institution should issue a valuation report within ten days.

For the demolition parties who apply to the original valuation institution for a re-examination valuation, the valuation institution should reply within five days of receiving the written re-examination valuation application. If the valuation result changes, a new valuation report should be issued; if the valuation result does not change, a written notice should be issued.

Article 23: If the demolition parties have objections to the re-examination results of the original valuation institution or if the results of the additional commissioning differ from the original valuation results and cannot reach an agreement through negotiation, within five days of receiving the re-examination results or the valuation report issued by the additional commissioned valuation institution, they can apply for a technical identification to the real estate price appraisal expert committee where the demolished house is located.

Article 24: Within ten days of receiving the application, the valuation expert committee should issue a written identification opinion on technical issues such as the valuation basis, valuation technical route, valuation method selection, parameter selection, and the way of determining the valuation result in the valuation report applied for identification. If there are no technical problems with the valuation report, it should maintain the valuation report; if there are technical problems with the valuation report, the valuation institution should correct the error and reissue the valuation report.

Article 25: The costs for the demolition parties to commission another valuation institution for valuation and apply for technical identification are borne by the applicant.

Article 26: For any valuation institution or valuation personnel engaging in one of the following behaviors, penalties will be imposed according to regulations such as the "Regulations on the Administration of Urban Real Estate Intermediary Services" and the "Real Estate Appraiser Registration Management Measures", or recorded in their credit archives.

(1) Issuing false valuation reports;

(2) Colluding with one party of the demolition parties to harm the legitimate rights and interests of the other party;

(3) Obtaining demolition valuation business through kickbacks or other improper competitive means;

(4) Allowing others to borrow their names to engage in housing demolition compensation valuation activities or transferring or covertly transferring the entrusted demolition valuation business;

(5) Being frequently requested for identification, and upon investigation, indeed having problems;

(6) Violating national standards "Real Estate Valuation Standards" and other provisions of these Measures;

(7) Not fulfilling the obligations to explain valuations and real estate valuation identifications;

(8) Not making public announcements;

(9) Other circumstances prescribed by laws and regulations.

Article 27: Real estate valuation personnel who act out of personal interest, falsify facts, or issue unfair valuation results will have their real estate appraiser and assistant real estate appraiser practice qualifications revoked.

Article 28: For the valuation of housing demolition compensation and the implementation of administrative management of housing demolition compensation on state-owned land outside the urban planning area, these Measures may be referred to.

Article 29: These Measures are interpreted by the provincial construction administrative department.

Article 30: These Measures come into effect from April 1, 2004. Demolition projects for which house demolition licenses have already been issued before this date do not apply to these Measures. The "Heilongjiang Province Urban Housing Demolition Compensation Valuation Management Measures" (Interim) issued by the Heilongjiang Provincial Construction Department on March 9, 2002, is simultaneously abolished.

Responder: kelly1234 Points: 22