Real estate perspective: 《<济南市国有土地上房屋征收与补偿办法>Interpretation of Highlights of Implementation Rules</济南市国有土地上房屋征收与补偿办法>

The Measures for the Expropriation and Compensation of Houses on State-owned Land in Jinan (Order No. 248 of Jinan Municipal People's Government) was discussed and adopted at the 30th executive meeting of the municipal government and promulgated on July 20, 2013. In order to implement the compensation method, combined with the actual work, the General Office of the Jinan Municipal People's Government formulated 《 <济南市国有土地上房屋征收与补偿办法> Implementation Rules (JZBF [2013] No. 20), which will come into force on the date of issuance and is valid for 5 years, and the current period has expired.

On January 26, 2021, the General Office of the Jinan Municipal People's Government promulgated the "On Printing and Distributing <济南市国有土地上房屋征收与补偿办法> Notice of the Implementation Rules, amending the Implementation Rules No. [2013]20 of the Ji Zheng Ban Fa. The original "Implementation Rules" came into effect on August 1, 2013, with a total of 35 articles. This revision retains 12 articles, modifies 20 articles, adds 12 articles, and deletes 3 articles. The revised implementation rules have a total of 44 articles. The main contents of this revision include: 1. The scope of application of the document and the subject of expropriation; 2. The determination of the scope of house expropriation and related issues; 3. After the expropriation procedure is started, the handling of matters such as property analysis and household separation; 4. Clarify the connotation of nearby areas and remote resettlement; 5. Clarify the compensation method for public residential houses; 6. Enjoy the qualification of the minimum apartment area standard; 7. Improve the compensation fees for losses caused by suspension of production and business, compensation fees for appendages and other related expenses; 8. Clarify the handling methods for the collection of houses with property rights or disputes over use rights.

The highlights of the Detailed Rules for Implementation and the new and old Detailed Rules for Implementation are now compared with the relevant provisions as follows:

Interpretation of 1. highlights

There are many adjustments and improvements in the new "Implementation Rules", and the following highlights are now interpreted.

Adjustment of Application Scope of (I) Documents

From the comparison of the new and old policies, it can be seen that with the institutional reform and the adjustment of administrative divisions in Jinan, Article 2 of the new "Implementation Rules" clarifies that the scope of "municipal districts" includes: Lixia District, Shizhong District, Huaiyin District, Tianqiao District, Licheng District, Changqing District, Zhangqiu District, Jiyang District, Laiwu District, Gangcheng District and various functional areas (including Jinan High-tech Zone, southern mountainous area, Jinan), and the implementation of the main body of the implementation of state-owned land expropriation on the functional areas to be defined. The expropriation and compensation of houses on state-owned land in Shanghe County and Pingyin County can be implemented with reference to these Implementation Rules.

Combined with the clarity of the scope of application of the above documents, in view of the inconsistency of the local economic and social development of the surrounding districts and functional areas of Jinan City, the relocation fee, temporary resettlement fee, compensation for production and business losses, and the minimum set of requirements stipulated in the Measures The standard compensation for area and other cost standards are clearly stated in the "Implementation Rules" and can be formulated according to the local economic and social development and implemented after approval by the municipal government.

Definition of Expropriation Subject of (II) Special Items

The new Implementation Rules mainly add two categories to the definition of the subject of expropriation:

The first category, the municipal government to make a decision on the collection of the project.

This kind of project includes the housing expropriation project on state-owned land implemented by each functional area. For this type of project, the municipal urban construction project coordination team is entrusted by the municipal government to implement and approve the housing expropriation and compensation plan on state-owned land in the name of the municipal government, make housing expropriation decisions and compensation decisions, and apply to the people's court for enforcement.

The second category, cross-administrative projects and major construction projects

Because of the particularity of the region and nature of this kind of project, the definition of the subject of expropriation should be put forward by the project implementation unit to the municipal housing expropriation department, and finally reported to the municipal government for determination. In addition, with regard to the investigation, identification and handling of unregistered buildings involved in cross-administrative projects, because the relevant departments in the area where such buildings are located have more advantages in investigating and identifying them, it is finally determined that the working group for the identification of unregistered buildings in the area where the houses are expropriated is responsible for organizing the implementation.

Determination of the Scope of (III) House Collection

According to the provisions of the new "implementation rules", the housing expropriation department is only to draw up the scope of housing expropriation, not the main body of determining the scope of housing expropriation. The housing expropriation department shall, in conjunction with the relevant departments, draw up the scope of expropriation and submit it to the government for approval before issuing an opinion on the determination of the scope of expropriation. If the scope of house expropriation in the expropriation freezing notice and the expropriation compensation plan is inconsistent with the scope of house expropriation specified in the announcement of the house expropriation decision, the scope of house expropriation specified in the announcement of the municipal and district government's expropriation decision shall prevail.

After the (IV) starts the collection procedure, it will suspend the handling of matters such as the separation of products and households.

Article 12 of the Measures for the Expropriation and Compensation of Houses on State-owned Land in Jinan City clarifies by enumerating five acts that will not increase the compensation fee from the date of the announcement of the freezing notice, namely: (1) the analysis and transfer of housing ownership; (II) to handle household registration and household separation. However, due to marriage, birth, return, military withdrawal from active service, and the release of prisoners after serving their sentences, etc., the household registration must be applied for; the establishment of new housing leasing relationships is (III), and the names of public housing leasing households are classified and changed; the establishment and change of new (IV) The industrial and commercial registration of enterprises and the registration of public institutions and social organizations; (V) other behaviors that lead to improper increases in compensation fees.

According to the above-mentioned legal provisions, the compensation fee will not be increased after the project freezing notice is issued, but it is not clear whether the administrative department will suspend the relevant business, which is difficult to grasp in practice. The new "Implementation Rules" clarify that after the government makes a house expropriation decision, the relevant departments should suspend the business of house property analysis, transfer, mortgage, establishment of new lease relationships, and division or change of public housing rental account names. After issuing the notice of freezing house expropriation, making the decision of house expropriation and compensation (the house to be expropriated has the formalities of ownership registration), the house expropriation department shall promptly copy the relevant documents and the list of houses to be expropriated to the municipal and district real estate registration institutions.

(V) Clarify the Connotation of Nearby Location and Relocation

The original "Implementation Rules" only stipulates that "nearby lot" refers to the lot in the same location as the land used for the expropriation project. However, there is a dispute on how to identify the "nearest lot" in the course of practice. The new "Implementation Rules" further clarifies the scope of the "nearby lot" as follows: the distance between the house provided by the project implementation unit for property rights exchange and the land boundary of the expropriation project is within 3 kilometers, and the benchmark evaluation unit price difference between the expropriated house and the property rights exchange house is within 10%, belonging to the same location. At the same time, the connotation of "resettlement in different places" is added and it is clear that the housing expropriation department should reasonably determine that the housing expropriation project belongs to the reconstruction area, the nearby area or the resettlement in different places according to the nature of the project and the housing resources.

(VI) clarify the compensation mode of public housing

Article 27 of the "Measures for the Expropriation and Compensation of Houses on State-owned Land in Jinan City" stipulates the compensation for the expropriation of public residential houses leased according to the rent standards set by the government. The original "Implementation Rules" will refine the compensation method. The new "Implementation Rules" has partially adjusted this, dividing public residential houses into two types: public non-complete residential houses (bungalows and simple buildings) and buildings, and separately stipulates compensation methods and standards. Added: 1. If the expropriated house is a building, the housing reform will not be carried out; 2. If the owner of the directly managed public house or the lessee chooses the property right to exchange the house within the prescribed scope and standard, and belongs to the indemnificatory housing project and the reconstruction project of the old urban area, the difference price shall be included in the land aging cost; 3. The qualification conditions for housing reform shall be determined by the district organizations. For the application of the second item of this article for expropriation and compensation, each district shall promptly enter the housing reform information of public housing tenants into the municipal public housing sales audit system; 4. For public residential houses without rental households, only compensation fees for the value of the expropriated house and relocation expenses shall be paid, and temporary resettlement fees, relocation incentive fees, monetary compensation incentive fees and other expenses shall not be paid.

(VII) to enjoy the minimum set area standard qualification

Article 28 of the "Measures for Expropriation and Compensation of Houses on State-owned Land in Jinan City" stipulates the conditions for enjoying the minimum set area standard. The new "Implementation Rules" specifies eight types of conditions that should not enjoy the minimum set area standard, namely: 1. Renting other public housing in this city (including self-managed houses of enterprise units or signed contracts for the transfer of public housing use rights); 2. Housing with other property rights outside the scope of expropriation (including online signing of house purchase contracts, online signing of presale contracts, advance notice registration), and the transfer of housing reform; 3. Compensation for resettlement housing or property right exchange housing due to the expropriation of housing (including homestead) in other parts of the city; 4. Homestead housing in other parts of the city; 5. There are indemnificatory housing (including public rental housing, low-rent housing and comfortable housing) elsewhere in this city, and they have not withdrawn when they enjoy the qualification of the minimum area standard for expropriation compensation verification; 6. Those who have enjoyed the standard treatment of the minimum area of the city; 7. Within 5 years (including) before the announcement of the house expropriation decision, they have received monetary compensation for house expropriation (demolition) in this city, failure to purchase housing due to its own reasons; 8. The expropriated person or public housing lessee belongs to a minor and his parents have another residential house.

Based on the above provisions, in practice, there is a policy basis on how to identify the personnel who enjoy the minimum set area standard, but it also increases the difficulty of investigation.

(VIII) raised the standards for compensation for loss of production and suspension of business, compensation for appendages and other related expenses.

The relocation fee, temporary resettlement fee and compensation fee for loss of production and business suspension stipulated in the original detailed rules for implementation are formulated based on the economic situation in 2013. On May 26, 2017, Jinan Urban Renewal Bureau issued the notice on adjusting the payment standard of temporary resettlement fee for housing collection and relocation fee in Jinan urban area (Ji Geng Zheng Zi [2017] No. 25), which adjusted the standards of housing relocation fee and temporary resettlement fee, however, the compensation for the loss of production and closure has not been adjusted. On the basis of the standard No. 25 of Ji Geng Zheng Zi [2017], the new implementation rules will adjust the compensation fee for one-time suspension of production and business, that is, the compensation fee for one-time suspension of production and business losses shall be calculated according to the building area of non-residential houses to be levied, and the business and production houses shall be 400 yuan per square meter, and other non-residential houses shall be 300 yuan per square meter. In addition, considering the decoration situation after the delivery of the resettlement house, add: if the resettlement house is decorated according to the standard of ordinary commercial housing, from the month when the resettlement house is handed over, the housing collection department may issue a three-month temporary resettlement subsidy according to the monthly temporary resettlement fee.

(IX) clarify the way to deal with the expropriation of houses with property rights or disputes over the right to use them.

Article 35 of the measures for Housing expropriation and compensation on State-owned Land in Jinan stipulates that if there is a dispute over property rights or the right to use the house to be expropriated, which has not been resolved within the period of signing the contract, the housing expropriation department shall temporarily resettle the current user of the expropriated house. However, in the process of practice, in order to speed up the progress of land acquisition and relocation, the housing expropriation implementation unit signed a temporary security agreement with the current user, which had a greater impact on the project when the dispute was pending for a long time.

The new "Implementation Rules" to refine the treatment, more operable. The specific contents are as follows: 1. If there is a dispute over the property right or the right to use the house to be expropriated, if the parties fail to reach an agreement within the signing period, the property right exchange (house resettlement) shall be implemented, and the house with property right exchange shall temporarily resettle the current user. If there is a dispute over the right to use, the housing expropriation department shall sign an expropriation compensation agreement with the expropriated person and a temporary resettlement agreement with the current user, which shall be attached to the expropriation compensation agreement. If there is a property right dispute, and the parties have not reached an agreement beyond the signing period, a compensation decision shall be made. The compensation decision shall state the relevant matters such as the unclear owner of the house and the temporary use of the resettlement house by the current user. 2. If the expropriated and the current user of the expropriated house have disputes over the receipt of relocation fees, temporary resettlement fees, compensation fees for production and business losses, and relocation incentive fees, the parties concerned shall negotiate and resolve; if the negotiation fails and the current user of the house moves on schedule within the signing period, the housing collection department may distribute the relocation fee to the current user of the house, and the other funds shall be temporarily kept by the housing collection department. After an agreement is reached, in accordance with the agreement.

Comparison of the contents of the old and new Implementation Rules in 2.

The above content is a comparison of the provisions of the old and new "Implementation Rules", and combined with the larger adjustments to interpret several highlights of the new "Implementation Rules. The expropriation of houses on state-owned land is related to people's livelihood. Only under the premise of legal and compliant procedures, reasonable and fair compensation can the project be implemented smoothly and the legitimate rights and interests of the expropriated can be protected.