Standard height of urban buildings of Jian 'ou Housing and Construction Bureau
I. Scope of application
This temporary implementation plan is applicable to the reconstruction, expansion and new individual residence and its management of villages and rural collective land within the administrative area of this town.
Second, the town and village responsibilities
Establish a rural homestead management mechanism that "the town is the main responsibility and the village is the main body", and the town government will earnestly fulfill its territorial responsibility, coordinate relevant institutions at the town level, optimize the approval process, and improve the efficiency of approval.
(1) Chengxiang Town People's Government: carry out village planning, rural villagers' housing planning permission and land use approval.
Improve the examination and approval management team, set up a leading group for the examination and approval management of rural homestead and building in Chengxiang Town (see Annex 1 for details), accept applications by relying on the comprehensive window of the convenience service center, establish a joint examination and approval mechanism for land and space planning, homestead examination and approval, rural housing construction and quality and safety linkage operation, improve the joint examination and approval system, fully implement the requirements of "three attendance", organize the safety assessment of geological disasters and implement protective measures, and provide convenient and efficient services for farmers.
Establish and improve the dynamic inspection system of rural homestead and building management, and order the parties concerned to stop the construction and dismantle it by themselves within a time limit according to the Urban and Rural Planning Law, the Implementation Measures of Fujian Province, Several Provisions on Disposal of Illegal Construction in Fujian Province and No.4 Document of Fujian Agricultural Office [2020]. , if they are outside the planning control area; If the construction is not stopped or the demolition is not completed within the time limit, the compulsory demolition shall be organized according to law; In the planning control area, cooperate with the relevant departments of the county to investigate and deal with it according to law, and truly realize early detection, early stop, early education and early demolition; Establish and improve the dynamic inspection accountability system, investigate the responsibility of those who are not in place, report in time and stop effectively, and clean up the rural homestead and building management order through strict law enforcement; To prevent multiple applications for homestead in the name of households in violation of regulations; It is strictly forbidden for urban residents to buy homesteads in rural areas, to use rural homesteads to build villas and private halls, and to occupy and buy homesteads in violation of laws and regulations in the name of circulation; Strengthen the mediation of contradictions and disputes, timely solve the villagers' reasonable petition demands, and maintain social stability.
(2) Village committee: The village committee is the grass-roots organization for daily supervision, and performs duties such as inspection, reporting and dissuasion. Villages should not only do a good job in reviewing villagers' housing applications, mediating contradictions and disputes, but also find illegal construction behaviors and quality and safety problems in time, dissuade them in time and report them to the town government. Village committees should strengthen village governance by formulating village rules and regulations and establishing councils. It is necessary to strengthen the guidance and control of work style through measures such as collecting work style deposit through village rules and regulations.
Three, rural homestead and building standards and requirements
(a) strictly implement the "one household, one house" system. A public security hukou is "one household", and the family population is based on the population of members of the village collective economic organization. "One house" means that rural villagers can only own one homestead, and the applicant shall sign a commitment letter for the use of rural homestead. Those who approve the construction of houses in different places shall, in strict accordance with the requirements of "building new houses and demolishing old houses", promise to demolish old houses after the completion of new houses. The old house base is recovered by the village Committee for unified use.
(two) standardize the location of housing planning land. Villagers should make full use of old housing bases, existing construction land and other unused land, and it is strictly forbidden to occupy basic farmland, ecological protection red line area, river bank ecological protection blue line area and first-class or second-class provincial ecological public welfare forest; Avoid geological disasters, high and steep slopes, flash floods and other natural disasters, and it is really impossible to completely avoid them. It is necessary to fully implement hidden danger control measures to effectively eliminate natural disasters; Involving the withdrawal of roads, it shall comply with the relevant provisions of the Highway Law and the Regulations on Highway Management.
(three) strict implementation of land use and construction scale quota standards. The area of each homestead for villagers to build houses is limited to 80 square meters to 120 square meters, but the area of each homestead with less than 3 family members shall not exceed 80 square meters. Villagers outside the planning control area may appropriately increase the area if they use the existing construction land to build houses or transform existing old houses, but the increased land area shall not exceed 30 square meters per household.
Number of floors and height: the number of floors of each building in the planning control area shall not exceed 3 (excluding the staircase on the roof, and the area of the staircase shall not exceed 50% of the usable area), and the total height of the building shall not be higher than 15.5m (including the staircase on the roof); Outside the planning control area, the number of floors of each building is three in principle (including three floors below, excluding the stairwell on the roof, and the stairwell area does not exceed 50% of the occupied area), and the total height of the building is not higher than 15.5m (including the stairwell on the roof), and it is not higher than four floors due to production and living needs (excluding the stairwell on the roof, and the stairwell area does not exceed 50% of the occupied area), and the total height of the building is not higher than 65438+. The total number of floors where two or more households are merged into one household shall not exceed 5 (excluding roof stairs, and the stair area shall not exceed 50% of the occupied area), and the total height of the building shall not be higher than 22 meters (including roof stairs).
Four, rural homestead and building approval
(a) the approval process (see Annex 2 flow chart)
The applicant's application → village committee audit → the town government organizes the town agricultural office, land and resources, villages and towns, forestry, water conservancy, village cadres and other institutions and personnel to conduct reconnaissance audit (involving forest land, it shall be approved by the forestry department first, and agricultural land shall be reported to the natural resources department at a higher level for approval procedures; Involved in the planning control area, the county natural resources bureau will organize the relevant departments directly under the county to make reconnaissance and report to the county government for approval) → the township government will issue the rural construction planning permit (with the planning red line attached) and the rural homestead approval letter → the township organization layout → the township organization acceptance → the real estate registration.
(2) villagers' application and village-level audit
1. application
A villager who is a member of the village collective economic organization and meets one of the following conditions shall submit a written application to the villagers' committee on a household basis:
(1) It is necessary to build or expand houses because there is no house or the existing homestead area is obviously lower than the legal standard and the per capita residential construction area does not exceed 60 square meters;
(2) siblings or children of the same household have reached the legal age of marriage, and the per capita residential construction area is no more than 60 square meters;
(three) due to national or collective construction, the implementation of village and market town planning, the construction of township (town) village public facilities and public welfare undertakings, the need for demolition and resettlement;
(four) due to the occurrence or prevention of natural disasters, the need for resettlement;
(5) The original residence belongs to Class D dangerous house and needs to be demolished and rebuilt;
(6) Gathering in a central village, market town or rural residential area;
(seven) other circumstances stipulated by relevant laws and regulations.
Materials submitted by the applicant (villager) to the villagers' committee.
(1) Application and Approval Form for Building Houses on Rural Homestead (Annex 3) in quintuplicate;
(2) a copy of the applicant's household registration book and the ID card of an adult family member. Five copies;
(3) Letter of Commitment on the Use of Rural Homestead (Annex 4) in quintuplicate;
(4) Where the proposed house is adjacent to adjacent buildings (the distance between adjacent external walls is 4m, 4m) or involves public use, * * use or wall borrowing, it shall obtain the unanimous consent of all owners and sign a written agreement (Annex 5), which shall be witnessed by the local village committee or notarized according to law. Five copies;
(5) Old house (old house base) land use certificate (title certificate), or old house approval form and payment form (excluding village level);
(6) Apply for renovation and submit photos of the current situation of the old house (which should reflect the overall and surrounding environment);
(seven) residential design drawings or residential standard master plans drawn by architectural design units with corresponding qualifications or designers with registered professional qualifications;
(8) The applicant shall entrust a third-party surveying unit to issue the latest measured topographic map 1:500, and the national geodetic coordinate system 2000 to survey and delimit the terrain (indicating the specific location, length, width, four directions and coordinate data of the planned building) (see Annex 6 for details) and the electronic version. Seven copies.
2. The village committee review
(1) Review whether the applicant is a member of the village collective economic organization, whether the submitted materials are true and valid, and whether the original housing situation and family members meet the eligibility conditions for homestead and building application; Whether it is in line with "one household, one house", whether the disposal method of old houses is in line with the regulations, and whether a commitment letter for the use of homesteads is signed.
(two) to review whether the location, land area, proposed floors and building height of the building for application meet the specified requirements; Whether the land ownership is clear, whether it affects the interests of adjacent obligees, and whether to solicit the opinions of adjacent obligees of construction land; Whether it conforms to the national land space planning and village planning.
(3) Convene a meeting of the villagers' committee or a meeting of villagers' representatives for deliberation.
The villagers' committee shall concentrate on sorting out the application materials every month, organize the villagers' committee or villagers' representative meeting for deliberation according to law, and form the minutes of the meeting. If the applicant agrees to apply, it shall post the reasons for the application, the location and area of the land to be used, the number of floors, height and construction area of the proposed building in the village to solicit opinions from the villagers. Since the date of posting 15 working days, if the villagers have not raised any objection or the objection is not established, the village committee shall sign the specific examination opinions on the Application and Approval Form for Rural Homestead and Building, and submit them to the town government together with relevant materials.
If any of the following circumstances is found, it shall not be approved, and the villagers' committee shall notify the applicant in writing and explain the reasons:
(1) Although the existing homestead area is obviously lower than the legal standard, the existing per capita residential construction area exceeds 60 square meters;
(2) The per capita residential construction area before household separation has exceeded 60 square meters;
(3) 18 years old;
(4) It does not conform to the land spatial planning and village planning;
(5) Transferring, selling, leasing, donating or converting the original residence into production and business purposes;
(6) applying for a new house in a different place and disagreeing with returning the old house base to the village collective;
(7) Not conforming to the policy of "one household, one house";
(8) Other non-compliance situations.
Materials submitted to the town government after the audit of the village Committee.
(1) materials submitted by the above applicants to the village committee for review;
(2) meeting minutes and publicity materials (including publicity content, publicity photos, publicity instructions, etc.). ) in duplicate.
(3) truthfully fill in the registration form of members of collective economic organizations in XX Village, Chengxiang Town, Anxi County, reflecting the information of building applicants. In duplicate (see Annex 7 for details).
(3) Examination and approval by the Township People's Government.
1. Joint institutional review
The town government shall, within five working days from the date of receiving the application materials submitted by the village committee, organize the Agricultural Office to take the lead, with the participation of natural resources, towns, forestry, water conservancy, resident cadres and other management institutions and relevant personnel, and conduct on-site reconnaissance and joint examination.
The town agricultural office is responsible for reviewing whether the applicant meets the qualification conditions, whether it meets the "one household, one house" and whether the old house treatment method meets the requirements; Whether the land area meets the requirements; Whether to convene a meeting of village committees or villagers' representatives for deliberation according to law, and whether the opinions of village committees, meeting minutes, publicity materials, and commitments for the use of rural homesteads are complete. Blue line area involving river bank ecological protection; Involving drinking water source protection areas; Involving electric power, communications and cultural relics protection, historical and cultural towns and villages protection planning requirements, the town agricultural office timely solicit opinions from relevant departments.
The town land and resources office is responsible for reviewing whether the construction land conforms to the national spatial planning, village planning and use control, and whether the planned number of floors, building height and construction area conform to the regulations; Whether the land ownership (separation of production) is clear; Whether there are hidden dangers of geological disasters; Clarify the land type, whether it involves agricultural land, etc. ; Whether it belongs to the planning control area; Through the homestead application materials and real estate registration information, assist in reviewing whether the villagers' applications meet the requirements of "one household, one house".
The town village office is responsible for reviewing whether the architectural style meets the requirements, whether the architectural scheme is based on the General Atlas of Rural Housing Construction published by the provincial or municipal housing construction departments, whether it is designed by itself, and whether it is commissioned by qualified units or professional and technical personnel.
The town forestry station is responsible for reviewing whether forest land is involved.
2. On-site reconnaissance review
If the applicant meets the qualification conditions and the construction land initially meets the requirements, the scope of planned construction land will be determined on the spot. After the reconnaissance, the town's land and resources will issue a red line map of building planning within 5 working days after receiving the topographic map of reconnaissance and demarcation (within 5 working days after using the reconnaissance drawings of village planning), and attach it to the page of the plane position map of the homestead. At the same time, all relevant departments should fill in the specific examination opinions in the "Application Form for Rural Homestead and Building".
3 township people's government for examination and approval
According to the results of the joint trial, the town government shall conduct examination and approval according to different situations:
Agree to use the old house base renovation or stock construction land construction, by the town government in the planning red line drawing is completed, from 10 working days to give planning permission and homestead approval, issued by the rural construction planning permit "(with planning red line drawing) and the rural homestead approval form", and published in the town convenience service center.
Involved in the occupation of agricultural land and meet the examination and approval conditions, by the town land and resources in accordance with the provisions of the organization reported to the county natural resources bureau, the county natural resources bureau in accordance with the provisions of the report for agricultural land conversion approval procedures (involving forest land must first be approved by the county forestry bureau). The Town People's Government shall, within 10 working days from the date of approval of agricultural conversion, give planning permission and homestead approval, issue rural construction planning permission (with planning red line attached) and approval letter of rural homestead, and publish it in the town convenience service center.
Involved in the planning control area, the town land and resources must be according to the Safety Committee [2017]14 document "Detailed Rules for the Implementation of Individual Housing in the Planning Control Area" (Annex 9), and report to the County Natural Resources Bureau for different objects, which will organize the county agricultural and rural bureau, housing construction bureau, urban management bureau and other county-level departments to conduct reconnaissance and audit and then report to the county government for approval. With the consent of the county government, the town government shall go through the relevant building declaration procedures in accordance with the rural homestead and building approval management process.
After the examination and approval, the town government established a management ledger for villagers' building examination and approval, filed relevant materials, and submitted the examination and approval materials to the County Agriculture and Rural Bureau, the Natural Resources Bureau and the Housing Construction Bureau for the record.
4. Take centralized housing town government or village-level organizations to organize centralized housing, delimit the scope of centralized housing according to the approved village planning and the demand and quantity of housing users, formulate a unified construction plan, and handle planning permission and land use approval procedures in a unified and door-to-door manner according to the procedures specified in the above approval.
5. If the applicant's application for building is not approved, the town government shall notify the applicant in writing within 20 working days from the date of receiving the application materials, explain the reasons, and do a good job in explaining the work to the masses. Avoid returning parts repeatedly, ensure one-time approval and improve approval efficiency.
6. The town government shall, within five working days from the date of issuance of the Rural Construction Planning Permit (attached with the planning red line) and the Approval Letter for Rural Homestead, or within five working days from the date of villagers' application for lofting, organize management institutions and personnel such as the town agricultural office, land resources, villages and towns, and resident cadres to start on-site inspection, set out on-site and demarcate four areas for villagers to start construction.
Five, rural homestead and building control
(a) the scientific preparation of village planning. Villagers should follow the principle of "planning first, then building". In the township-level land space planning and village planning where land resources are located, space should be reserved for rural villagers' residential construction land. Adhere to the planning concept of "leave blank, leave green, leave old, leave text and leave soul", and assist in promoting the preparation of village planning in the town in an orderly manner to achieve full coverage of village planning.
(2) Land use planning indicators. The town government organizes a statistical survey on the current situation and demand of rural residential land, and submits the demand of the planned land for rural villagers' housing construction in the new year to the county agricultural and rural bureau before 65438+February 3 1 every year, which is summarized by the county agricultural and rural bureau and submitted to the natural resources department at the same level and the municipal agricultural and rural bureau.
(3) Strengthen the control of the quality and style of rural houses. The applicant for residential construction shall entrust a qualified design unit or a designer with registered practice qualification to design, or choose the General Atlas of Rural Residential Construction published by the housing construction departments of provinces, cities and counties.
Rural residential construction above a certain scale (more than four floors or centralized construction) should be undertaken by construction enterprises with corresponding qualifications. Centralized and unified rural housing projects should go through the formalities of building construction permit, quality and safety supervision, and its quality and safety management should be incorporated into the project quality and safety supervision system by the county housing and construction bureau; Below a certain scale, villagers can choose their own rural construction craftsmen or construction enterprises with corresponding qualifications to undertake the construction, and their quality management is the responsibility of the town and village offices.
(4) Strictly manage the whole process of construction land. The town government has fully implemented the requirements of "three field visits" for homestead application, field measurement and approval after approval, and field verification after residential construction. Institutions under the leading group should guide cadres in villages and village land coordinators to strengthen basic core samples, prevent displacement, build more with fewer batches, conduct on-site inspection and guidance in key construction links, fill in the registration form and process supervision of individual housing construction permits in Chengxiang Town, and strengthen post-event supervision. The town comprehensive law enforcement team is responsible for the land inspection outside the town planning control area. If a planning permit is not obtained according to law or residential construction is not carried out in accordance with the provisions of the planning permit, the parties concerned shall be ordered to stop construction and dismantle it within a time limit; If the construction is not stopped or the demolition is not carried out within the time limit, the compulsory demolition shall be organized according to law. At the same time, cooperate with the relevant departments of the county to investigate and deal with illegal acts in the control area according to law. After the villagers' houses are completed, organize acceptance in time to verify whether the land is used in accordance with the approved land area and the four requirements, and whether the number of building floors, building height, building area and architectural style meet the requirements. After the acceptance, the town government issued the "Acceptance Opinions on Rural Homestead Land and Buildings", and the villagers applied to the real estate registration department for real estate registration with this acceptance opinion and other relevant materials; Did not pass the acceptance, the town government issued a rectification notice, rectification within a time limit.
The applicant shall implement the residential construction within 1 year from the date of obtaining the rural construction planning permit and the approval of the rural homestead. If the construction is not completed within the time limit and no extension is applied, the planning permit and its drawings, and the approval letter of rural homestead will automatically become invalid. If an extension is really necessary, the applicant may apply to the original examination and approval authority for an extension of 1 time within 30 days before the expiration of the prescribed time limit, and the extension period shall not exceed 1 year.
Six, this implementation plan from the date of issuance, the trial period is 2 years. The leading group for the examination and approval management of rural homestead and housing construction explained the specific application problems of this implementation plan. After the implementation, if there are new provisions in laws, regulations or related policies, those provisions shall prevail.