Regulations of Xinyu Municipality on the Administration of Rural Housing Construction

Chapter I General Provisions Article 1 In order to strengthen the management of rural housing construction, save land and improve the rural living environment, these Regulations are formulated 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 Regulations on Urban and Rural Planning of Jiangxi Province and other laws and regulations, and in combination with the actual situation of this Municipality. Article 2 Except for urban planning areas and town planning areas, these Regulations shall apply to the new construction, renovation and expansion of houses on rural collective land within the scope of this Municipality and their supervision and management. Third rural housing construction should follow the principles of planning first, first batch before construction, land saving and standardized control. Fourth people's governments at or above the county level shall organize and lead the rural housing construction work within their respective jurisdictions.

The competent department of natural resources of the people's government at or above the county level shall be responsible for the supervision and management of rural housing construction plan and land use within its jurisdiction.

The competent departments of housing and urban and rural construction of the people's governments at or above the county level shall be responsible for the guidance, supervision and management of rural housing construction within their respective jurisdictions.

The competent departments of finance, urban management, ecological environment, agriculture and rural areas, forestry, water conservancy, culture and tourism, transportation and other departments of the people's governments at or above the county level shall do a good job in rural housing construction according to their respective responsibilities.

The township (town) people's government is responsible for the daily supervision, management and service of rural housing construction within its jurisdiction, and carries out the law enforcement work of rural housing construction according to the authorization of laws and regulations and the entrustment of relevant departments of the people's government at the county level.

The villagers' committee shall, in accordance with the relevant laws, regulations and the provisions of this Ordinance, do a good job in rural housing construction. Chapter II Planning and Land Use Article 5 Rural housing construction shall conform to the overall land use planning of townships (towns), town planning, township planning and village planning, and be incorporated into the annual local land use plan. Sixth township (town) people's government shall organize the preparation of township planning and village planning, and report to the people's government at the next higher level for approval. Village planning shall be discussed and agreed by the villagers' meeting or the villagers' representative meeting before it is submitted for approval. Approved township planning and village planning shall be publicized. Seventh township planning and village planning should conform to the rural reality, respect the wishes of rural residents, reflect rural characteristics, and protect and inherit local traditional culture. Eighth rural housing construction should give priority to the use of barren hills and slopes, the original homestead, study, and shall not occupy basic farmland, not occupy or occupy less cultivated land. If it is really necessary to occupy cultivated land, the compensation system for occupied cultivated land must be strictly implemented.

Rural residents can only own one homestead when building a house. Rural residents' housing construction should strictly control the area of homestead, and the land area of each household should not exceed 100 square meter if cultivated land is occupied for housing construction; Occupy the homestead and the village parents, the land area of each household shall not exceed 120 square meters; Occupy barren hills and slopes, the land area of each household shall not exceed 180 square meters. Ninth rural housing construction site should avoid the following areas:

(a) flood discharge channels, dikes and berms;

(two) the control area of highway construction and the clearance range of railway construction;

(3) Hidden danger areas of geological disasters and dangerous areas of mountain torrents;

(four) the scope of protection of cultural relics protection units;

(5) Fire exits;

(six) the scope of protection of underground cables and optical cables;

(7) Substation facilities and transmission line corridors;

(eight) other areas that should be avoided according to law. Chapter III Application and Approval Article 10 Rural residents who meet the following conditions may apply for building houses on a household basis:

(a) there is no self-owned housing or the per capita construction area of existing housing is less than 30 square meters, and it is necessary to build new housing or expand the area of housing land;

(two) to reach the legal age of marriage, it is necessary to set up another portal, and the existing homestead can not be divided or the area of the homestead is lower than the prescribed standard;

(three) national construction projects or township (town) village public facilities and public welfare undertakings occupy the homestead;

(four) due to natural disasters, policy migration and other needs to move;

(five) the existing houses have been identified as dangerous houses and need to be demolished;

(six) other circumstances that can apply for building.

Rural residents who apply for building houses cannot rebuild in situ because of the implementation of planning and the protection of ancient buildings and cultural relics. After the original house and homestead are disposed of according to law, you can apply for a new homestead to build a house. Eleventh rural housing construction shall go through the examination and approval procedures according to the following procedures:

(a) the housing applicant to apply to the villagers committee, the villagers committee issued a written opinion, submitted to the township (town) people's government for examination;

(two) the township (town) people's government shall organize on-site verification after receiving the relevant materials for housing construction. After verification, those who meet the examination and approval conditions shall be reported to the competent department of natural resources of the people's government at the county level for planning and land use examination and approval procedures; Do not meet the conditions for examination and approval, return the application materials, and inform in writing the reasons for disapproval;

(3) Where the housing construction of rural residents involves the occupation of agricultural land, the approval procedures for conversion shall be handled in accordance with the Land Administration Law of the People's Republic of China and other relevant laws and regulations. Twelfth in any of the following circumstances, the application for rural residents' housing construction land shall not be approved:

(a) does not conform to the township (town) land use planning, town planning, township planning, village planning;

(two) members of non collective economic organizations to apply;

(three) after selling, renting, donating or changing the use of the house, apply for the homestead again;

(four) occupation of agricultural land, agricultural land conversion without approval;

(five) the original homestead area has reached the prescribed standard or can meet the needs of households;

(six) the application for housing construction land ownership is controversial;

(seven) the applicant has illegal land use and illegal construction in the village;

(eight) the original house was expropriated and placed in the form of monetary compensation;

(nine) the applicant belongs to the elderly and five-guarantee households cared for by the government;

(ten) the destruction of the ecological environment, damage to historical relics;

(eleven) other circumstances that do not meet the conditions of land use as stipulated by laws and regulations.