Interim Measures for the Administration of Private Housing Construction in County Planning Area
Chapter General Provisions on Interim Measures for the Construction and Management of Private Houses in County Planning Area
Article 1 In order to further strengthen the management of private housing construction in county planning areas (hereinafter referred to as regions), standardize housing construction behavior, and promote land conservation and rational utilization, in accordance with the provisions of the Urban and Rural Planning Law of People's Republic of China (PRC), the Land Administration Law of the People's Republic of China, the Rural Land Contract Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC), the Urban Real Estate Management Law of People's Republic of China (PRC) and other laws and regulations, combined with the actual situation of our county,
Article 2 These Measures shall apply to the construction of private houses in the county planning area. The term "private housing construction" as mentioned in these Measures refers to the construction of private housing for the purpose of residence by indigenous farmers (households) and urban residents, including new construction, renovation and expansion.
The term indigenous farmers (households) as mentioned in Article 3 of the Measures refers to the farmers whose per capita collective agricultural production land (excluding sporadic plots) is more than 100 mu in the villages and residents' groups in the county planning area. Born naturally or moved into marriage, or settled in the village (neighborhood Committee) for a long time because of national construction immigrants, and contracted the village (neighborhood Committee) collective land for agricultural production by household contract or other means.
Urban residents refer to all residents living in urban planning areas except the original farmers (households).
Four, the construction of private housing in the county planning area, must follow the principles of unified planning, rational layout, land conservation, centralized planning, in line with the overall urban planning and rural planning.
Fifth indigenous farmers (households) use collective land to build residential construction area in the county planning area is divided into apartment building resettlement area, centralized joint construction area, outer suburb private area.
Sixth county planning area, the implementation of housing demolition on state-owned land in accordance with the relevant provisions of the "Regulations" on the management of urban housing demolition compensation and resettlement.
Seventh county planning area expropriation (expropriation) of collective land to implement housing demolition, compensation and resettlement in accordance with the provisions of the "Changde city land acquisition housing demolition compensation and resettlement measures" and these measures.
Chapter II Construction Management of Indigenous Farmers (Houses) in County Planning Area
Article 8 The resettlement area of apartment building refers to the area where collective land is approved for the construction of multi-,medium-and high-rise houses to resettle relocated households and unified property management is implemented in the process of land acquisition, demolition and resettlement for national construction.
Centralized joint construction area refers to the construction area of self-built houses with collective land approved by the original farmers (households) in the planned farmers' housing community.
The area of private houses in the outer suburbs refers to the construction area of houses built according to the unified planning of villages and the planning of village housing construction.
Scope of resettlement area of apartment building:
Old city: west to Sanjiangkou Railway Bridge, east to Finance Bureau, north to Liu Jiao Railway and south to Lishui;
Dongcheng District: west to Finance Bureau, east to Airport Road, north to Liu Jiao Railway and south to Lishui;
Southern District: Yuchang Road in the west, Xinjian Road in the east, Lishui in the north, Shichang Railway in the south, and Moon Road along the special power plant line.
Scope of centralized co-construction area:
Shuanghong Community Neighborhood Committee, Chongyang Community Neighborhood Committee, Guanshan Community Neighborhood Committee, Lianhua Community Neighborhood Committee, Xinchang Community Neighborhood Committee, Gu Yong Community Neighborhood Committee, Liu Jiaping Community Neighborhood Committee, Shuangxin Community Neighborhood Committee, Moon Mountain Community Neighborhood Committee, Tiangong Mountain Community Neighborhood Committee, Caojiapeng Community Neighborhood Committee, Chen Shi Miao Community Neighborhood Committee, Yang Er Branch Community Neighborhood Committee and Yijiadu Town except the apartment building resettlement area.
The scope of private areas in the outer suburbs: apartment buildings and county planning areas outside the centralized joint construction area.
New and old S provincial highway from Shimen County to Cili, and S provincial highway from Shuanghong Community to Xinguan Town, within meters on both sides of the center line, and within meters on both sides of Jiashan Road and Cai Hong Road center line, it is forbidden to build new private houses.
The specific scope of apartment building resettlement area, centralized joint construction area and outer suburb private saving area shall be subject to the "Shimen County Planning Area Private Saving Resettlement Regional Plan" publicized by the county planning management department. ,
Interim Measures for the Administration of Private Housing Construction in County Planning Area
Nine counties standardize the coordination mechanism of private saving construction in county planning areas, and are responsible for the coordination and management of private saving construction in county planning areas, and guide the relevant township people's governments to be responsible for the construction of apartment building resettlement areas and farmers' housing communities within their respective administrative areas.
Ten sources of funds for the construction of apartment building resettlement area: compensation for house demolition of land acquisition projects and corresponding housing resettlement subsidies; The infrastructure construction fee of the apartment building resettlement area that should be paid for the land acquisition project; Select the purchase price that should be paid by the resettlement object of the apartment building; Other funds that can be used for the construction of apartment building resettlement areas.
Eleventh apartment building resettlement area planning and design to meet the needs of indigenous farmers (households) production and life. In the resettlement area of apartment buildings, commercial, office and other public service rooms and miscellaneous rooms for stacking production equipment can be built according to the appropriate proportion of the total construction area of residential areas. The property rights of operating houses belong to the relevant collective economic organizations and shall not be transferred at will. Give priority to the resettlement households in the contracted and leased community. The income from operating houses should first meet the needs of property management and public facilities maintenance in residential areas.
Article 12 In the resettlement area of apartment buildings, if there are more than 100 households who are resettled with collective plots for construction projects, they must be resettled according to the planning and construction of apartment buildings. If the resettlement households are unwilling to choose apartment buildings for resettlement, monetary resettlement shall be implemented in accordance with the Measures for Compensation and Resettlement of Land Expropriated Houses in Changde City. Households with sub-households can choose apartment building resettlement and monetary resettlement, or they can choose to enter farmers' housing areas to implement centralized joint construction according to the plan.
Thirteenth apartment building construction conforms to the relevant provisions and procedures of farmers' housing land, and enjoys the farmers' housing tax policy.
Article 14 Indigenous farmers (households) who belong to the D-class dangerous house of the village (neighborhood) committee and meet the household conditions of the apartment building resettlement area can only enter the farmers' housing community to implement centralized joint construction as planned, or apply for resettlement in the apartment building.
For the indigenous farmers who apply for centralized joint construction, the original houses should be demolished and returned to the farmland before the planning land permit is issued. After the village (neighborhood) committee, the township (town) government and the land and resources management department have passed the acceptance, the permit for farmers' housing construction land can be handled.
To apply for apartment building resettlement, the original residence should be demolished and the base should be returned to the field before handling the apartment building resettlement procedures.
Fifteenth apartment building resettlement object to the basic households as a unit, who meet the conditions of household, according to household regulations, resettlement households are household declaration huxing area. Resettlement households need to provide household registration book, rural land contract, rural land contract management right certificate, the original "collective land use certificate" (households need to provide household registration book) and application report, and the village (neighborhood) Committee will post it to the township (town) government for review after strict examination. After the audit is passed, the village (neighborhood) will be publicized again and accept the supervision of the masses. Finally, it will be reported to the county to standardize the coordination mechanism of private housing construction in the county planning area for the record.
The average resettlement area of apartment building households is not more than square meters, and in principle, one household is set. In principle, every household can buy the utility room on the ground floor at the cost price in its residential area.
Each resettlement household enjoys the square meter resettlement price and the square meter cost price. The excess is purchased at the market price.
The minimum construction area of resettlement apartment is not less than square meters per household, and the construction area of large-sized apartment is not more than square meters per household.
The allocation of resettlement for apartment buildings, floor selection shall be determined by unified lottery after centralized discussion by the resettlement objects, and special objects such as the old, the weak, the sick and the disabled shall be taken care of properly, and the floor price difference shall be settled according to the relevant national residential floor price difference rate.
Sixteenth apartment resettlement area of indigenous farmers (households) is a dangerous D, apply for the purchase of apartment buildings, give a one-time land-saving award. After the demolition of dangerous houses and acceptance, the land will be returned to the village (neighborhood) collective economic organization of ten thousand yuan.
Indigenous farmers (households) who meet the conditions of building houses by households will be given a one-time land-saving award if they apply for buying apartments in advance. 10,000 yuan, but they will no longer enjoy the household resettlement policy when land acquisition and demolition of construction projects are carried out in the future. ,
Interim Measures for the Administration of Private Housing Construction in County Planning Area
Seventeenth apartment building construction after the completion of acceptance, the resettlement object can move in, the village (neighborhood) committee shall timely organize the collective land use certificate and housing ownership registration procedures (costs included in the construction cost). The apartment building can be transferred to the village (neighborhood) villagers who meet the application conditions of the homestead according to law. In principle, it is not allowed to buy, sell or transfer. If it is necessary to transfer due to special circumstances, it shall be approved by the administrative department of land and resources, and the land requisition and real estate transfer procedures shall be handled according to law.
Eighteenth apartment buildings and resettlement areas supporting infrastructure construction costs, which belong to the construction of the Township People's government, shall be audited by the county audit department; Is a village (neighborhood) committee construction by the Township People's government is responsible for organizing relevant departments to audit, and in the village (neighborhood) committee to be published.
Nineteenth the term "apartment building cost price" as mentioned in these Measures refers to the replacement price of the house, including land acquisition costs, that is, building installation costs+comprehensive costs+land acquisition costs; Market price refers to the selling price of the housing market; The resettlement price refers to the purchase price that the county government gives certain subsidies and is lower than the cost price.
The above resettlement price, cost price and market price are regularly published by the county people's government.
Twentieth apartment construction should attract representatives of resettlement objects to participate in apartment design, cost accounting and quality supervision.
Twenty-first centralized contiguous construction areas of national construction land acquisition, demolition and resettlement advocate the implementation of apartment building resettlement, in principle, large-scale construction projects land acquisition and demolition to implement apartment building resettlement.
Twenty-second indigenous farmers (households) in the apartment building resettlement areas and centralized joint construction areas, should comply with the overall land use planning and urban planning, and all of them enter the peasant residential areas. No individual may rebuild or build a new private house outside the peasant residential area.
Indigenous farmers (households) where the village (neighborhood) people's groups have no collective construction land or per capita agricultural production land (excluding sporadic plots) below. Mu, shall not apply for the use of collective land for housing.
Twenty-third apartment building resettlement areas and centralized joint construction areas meet the building conditions. Indigenous farmers (households) enter residential areas to build houses. The rural collective land contractors before the implementation of these measures are the basic households, and the construction area of each household shall not exceed square meters except the road sharing area. If it is really necessary to build houses according to the conditions of building houses by households, the old houses should be demolished and moved into the overall construction area of farmers' houses, and the total area of basic households and branches can be increased to less than square meters.
Article 24 The original homesteads of newly-built apartment buildings, private residential areas in the outer suburbs and centralized joint construction areas still belong to the original collective economic organizations after ploughing, and can be contracted by the original households, sign a rural land contract with the village collective economic organizations, and apply for the registration of land contractual management rights.
Article 25 The qualification identification and building approval procedures of indigenous farmers (households) in the outer suburb concentrated joint construction area and private housing area shall be strictly implemented in accordance with these measures and the Opinions of the Ministry of Land and Resources on Strengthening the Management of Rural Homestead and the Interim Measures for the Management of Collective Construction Land in Hunan Province. Indigenous farmers who meet the housing conditions should prepare household registration books, rural land contract, rural land contract management right certificate, original collective land use certificate (household registration book is required), application report and other materials, and then apply to collective economic organizations. Collective economic organizations posting date expires without objection, according to the procedure of information, submitted to the township (town) government for approval. Rural collective economic organizations shall promptly publish the results of the examination and approval of homestead approved according to law.
Twenty-sixth indigenous farmers to apply for the construction of private houses in any of the following circumstances, shall not be approved:
(a) the original farmers (households) will be sold, leased, donated to others, converted to other non residential purposes;
(two) the demolition of the original farmers (households) have taken apartment resettlement or monetary resettlement (private residential acquisition); ,
Interim Measures for the Administration of Private Housing Construction in County Planning Area
(three) the original farmers (households) still have one or more private houses (including apartments, excluding commercial housing) after the demolition;
(4) rural married women or son-in-law whose household registration has not moved out, and whose spouses have homestead or have enjoyed housing subsidies in their work units (including housing reform units buying houses);
(five) the source of land is illegal;
(six) the village (neighborhood) people rebuild houses without demolishing the old ones and building new ones;
(seven) the original private residential per capita construction area of more than square meters to apply for household construction;
(eight) private residential construction site does not meet the planning;
(nine) during the publicity period, the masses reported that they were fraudulent and did not meet the conditions for the construction of private houses;
(10) The original farmers (households) who meet the household conditions do not agree to move into the farmers' housing district built in concentrated contiguous areas as a whole and should enter the apartment building for resettlement according to the provisions of these measures and refuse to accept the apartment building for resettlement.
(eleven) other circumstances in violation of laws and regulations.
Twenty-seventh rural private housing areas of the original farmers (households) housing with reference to the implementation of centralized joint construction area policy.
Twenty-eighth the establishment of indigenous farmers (households) identification system, the county planning area of the village (neighborhood) Committee of indigenous farmers (households) by the people's government at the county level every year according to the following provisions of the audit identified and published.
Conditions and materials: ① Farmers who are members of village (neighborhood) collective economic organizations, contract rural land to engage in agricultural production, and fulfill the obligations of villagers in their villages, submit rural land contract, rural land management right certificate and a copy of their household registration book;
(2) the village (neighborhood) committee shall issue a certificate to the farmers who have not built houses in the county planning area and the resettlement houses of apartment buildings;
③ If the per capita agricultural production land of the village (neighborhood) group is greater than. Mu (excluding sporadic plots), issued by the village and neighborhood committees;
Village (neighborhood) people's congress or village (neighborhood) people's congress resolution.
Procedures: ① The number of farmers and the names of household heads determined by each village (neighborhood) committee according to the rural land contract and rural land contract management right certificate are included in the roster, which will be announced by the village (neighborhood) committee without objection and reviewed by the village (neighborhood) people's congress.
The village (neighborhood) committee will submit the roster approved by the village (neighborhood) people's congress to the township (town) land and resources institute (sub-bureau) and rural management station for preliminary examination, put forward written examination opinions, and then report to the township (town) people's government for collective research. In line with the conditions, the township (town) people's government shall make a list of indigenous farmers (households), and report it to the county land and resources administrative department and the rural management department for review, and report it to the county people's government for confirmation and announcement; Do not meet the conditions, by the township (town) people's government returned to the original report of the village (neighborhood) Committee to correct, re reported.
Chapter III Housing Management of Urban Residents in County Planning Area
Twenty-ninth it is strictly forbidden for urban residents to build new houses sporadically. It is strictly forbidden for urban residents to buy or lease rural collective land to build private houses in any form. It is strictly forbidden to illegally buy, sell or transfer rural homestead.
Thirtieth in any of the following circumstances, the housing of urban residents can only be repaired and strengthened, and no reconstruction is allowed:
Railways, highways, ports, roads, green spaces, power transmission and distribution line facilities and transmission line corridors, communication facilities, radio and television facilities, pipeline facilities, rivers, reservoirs, water sources, nature reserves, cultural relics protection, flood control passages, fire exits, landfills, incineration, sewage treatment and public service facilities, etc., which need to be protected according to law;
, apartment building resettlement area and centralized joint construction area;
The construction within the planning scope of the county needs to be demolished;
Other circumstances identified by the planning administrative department.
Article 31 Where the original residential land of urban residents outside the resettlement area of apartment buildings and the centralized co-construction area enjoys the application of administrative allocation for in-situ renovation or the original residential land sold has not expired for in-situ renovation, it must be declared and approved according to the procedures in accordance with the law, and the construction can be started only after going through the relevant procedures. ,
Interim Measures for the Administration of Private Housing Construction in County Planning Area
Chapter IV Supervision and Administration
Article 32 If an apartment building does not meet the qualification for the purchase or placement of an apartment building, the township (town) people's government shall order it to return the purchased house, and shall investigate the administrative responsibilities of the main leaders of the approved unit and the persons directly responsible according to the law and regulations, and give administrative sanctions.
Any violation of the provisions of these measures, ultra vires approval or fraud, engages in malpractices for selfish ends, does not meet the conditions of private housing in Lian Jian and suburbs, and uses collective land to build houses, the approval is invalid. The houses built by the county administrative departments of land and resources shall be demolished according to law, and the undertaker and the responsible person shall be investigated for administrative responsibility according to discipline and regulations and given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-third indigenous farmers (households) to apply for new residential or apartment buildings in farmers' housing areas, refused to return farmland, planning, land and resources administrative departments shall not approve the building, the township (town) government, village (neighborhood) committee shall not handle the apartment building occupancy procedures. Otherwise, the examination and approval is invalid, and the administrative department of land and resources shall investigate and deal with the illegal occupation of land and forcibly remove it; At the same time, the supervisory organ or its competent unit shall, according to its functions and powers, investigate the administrative responsibilities of the leaders of the relevant units and the persons directly responsible. If the circumstances are serious and cause certain harmful consequences, administrative sanctions of demerit or above shall be given until dismissal from public office.
Article 34 It is strictly forbidden for individuals to engage in real estate development in disguised form, and offenders shall be investigated and punished by the administrative department of land and resources according to the law of illegal transfer of land or illegal change of land use.
Article 35 whoever, in violation of the provisions of these measures, obtains approval to build private houses without approval or by deception shall be investigated and dealt with by the county urban management administrative law enforcement department and the county land and resources administrative department according to law. Staff of state organs, people's organizations and state-owned enterprises and institutions who, in violation of the provisions of these measures, build private houses in the county planning area shall be given administrative sanctions in addition to administrative sanctions according to law, by their units or supervisory organs ex officio; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 36 County urban management administrative law enforcement departments, county urban and rural planning management departments, county land and resources administrative departments, and township (town) people's governments shall, according to their respective functions and duties, carry out supervision and inspection, perform their statutory duties, and refuse to perform or delay the performance of their statutory duties if they practise fraud or pervert the law, the supervisory department shall investigate the administrative responsibilities of the principal responsible person and the person directly responsible according to law, and impose administrative sanctions.
Chapter V Supplementary Provisions
Thirty-seventh dangerous houses are identified by the housing appraisal agency of the real estate management department (if there is no house ownership certificate, it needs to be identified).
Thirty-eighth before the implementation of these measures, the private housing tenants who have gone through the formalities of examination and approval for planning land use permit and construction land should start construction within months from the date of promulgation of these measures and complete it within months; Those who have gone through the planning land permit, but have not gone through other formalities such as examination and approval of construction land, shall go through the formalities within months from the date of promulgation of these measures, and start construction within months from the date of examination and approval, and put it into use after completion; Those who fail to go through other examination and approval procedures within the time limit shall not be handled, and those who have not started construction shall be cancelled or declared invalid by the planning, land and resources departments according to law.
Before the implementation of these measures, if the homestead approved by the original farmers (households) for building examination and approval procedures is not in the planned peasant housing community, the planning, land and resources departments shall cancel the original examination and approval procedures according to law, and if it is really necessary to build a house, they shall go through the formalities for building examination and approval separately and enter the peasant housing community in accordance with the provisions of these measures, and implement centralized joint construction.
Article 39 These Measures shall be implemented as of 2 12 1 year/month 1 day. The Interim Provisions of Shimen County People's Government on Standardizing Farmers' Building in County Planning Area (Shi [〔XX〕]No.) shall be abolished by itself. ,