Ningxiang rural housing policy

Notice of the office of Ningxiang Municipal People's Government on printing and distributing the measures for the administration of rural villagers' housing construction in Ningxiang City

People's governments of towns, sub-district offices and units directly under the municipal authorities:

"Ningxiang rural villagers housing construction management approach" has been agreed by the Municipal People's government, is issued to you, please follow carefully.

Ningxiang Municipal People's Government Office

March 3(rd), 2020

Measures for the administration of rural villagers' housing construction in Ningxiang City

Chapter I General Provisions

Article 1 In order to further strengthen the management of rural villagers' housing construction, ensure the quality and safety of rural villagers' housing construction, improve villagers' living environment and safeguard villagers' legitimate rights and interests, these Measures are formulated in accordance with relevant laws and regulations and combined with the actual situation of our city.

Article 2 These Measures shall apply to the construction activities, supervision and management of rural villagers' new construction, renovation and expansion of rural housing within the administrative area of this Municipality.

The measures referred to in the administrative areas of this Municipality refer to Yutan Street, Suburban Street, Baimaqiao Street, Xiaduopu Town, Jinzhou Town, Taolinqiao Village in Jinghua Store Township, Fujiatang Village, Changxing Village in Shuangjiangkou Town, Tanshuwan Village, White Community, Houzhiting Community in Huilongpu Town, Fengshou Village, Jinyu Industrial Concentration Zone and jinzhou area Village in Batang Town.

Article 3 The term "villagers" as mentioned in these Measures refers to the members who are registered in the local rural areas, enjoy the land contractual management right and other rights and interests of the collective economic organizations, and perform the obligations of members of the collective economic organizations.

The term "housing" as mentioned in these Measures refers to the houses built by members of rural collective economic organizations on the land provided by collective economic organizations for my family to live in and use.

Article 4 The construction of rural villagers' houses shall follow the principles of "planning first, land use later, approval first, construction later, one house for one household, moderate concentration, adapting to local conditions and protecting the environment". We will fully implement the rural revitalization strategy, encourage villagers to build residential villages with local characteristics, and actively participate in the creation of beautiful countryside and eco-tourism demonstration villages.

Chapter II Planning and Design

Fifth Township People's governments shall organize the preparation of national land spatial planning and village planning, and give full play to the control and guidance role of planning.

Article 6 Township people's governments should fully consider the needs of rural production and life, solicit villagers' opinions, make overall arrangements for housing construction land, reasonably determine the distribution scope and scale of rural residential areas, strictly control the construction of scattered sites, and guide villagers to live in planned residential areas in a moderate and orderly manner in accordance with the principle of "respecting wishes, acting within their capabilities, facilitating production and improving their lives".

The planning and construction of concentrated residential areas should be adapted to local conditions and the scale should be moderate. The scale of each centralized resettlement site shall not be less than 10 households in principle.

Article 7 The municipal housing construction department shall organize the compilation of demonstration atlas of rural villagers' residential design for rural villagers to choose and use for free when building houses.

Township people's governments and village (neighborhood) committees shall select demonstration drawings accepted by most local villagers from the housing design drawings provided free of charge by the municipal housing and construction department, and promote their use. Encourage villagers to build new houses in accordance with the demonstration plan and gradually form an architectural style that conforms to regional characteristics.

The construction of rural villagers' houses should use building materials, building components and equipment that meet the national, provincial and municipal standards. Encourage the use of green and energy-saving building materials and technologies and adopt prefabricated buildings.

Article 8 The construction of rural villagers' houses shall conform to the national land space planning and village planning, and if they are located in nature reserves, cultural relics protection areas and other areas, they shall also conform to their relevant protection plans.

When building a house along the highway, the distance between the edge of the house and the outer edge of the highway land shall be no less than 20m for the national highway, no less than15m for the provincial highway, no less than10m for the county road and no less than 5m for the township road. In the construction of houses along the expressway, the distance between the edge of the house and the isolation guardrail of the expressway is not less than 30 meters. Building houses around railway line safety protection zones and airports shall comply with laws and regulations on railway safety protection and airport management.

Chapter III Land for Construction

Ninth rural villagers housing construction should follow the provisions of "one household, one house", and strictly control the land area. The construction area of each benchmark household (4 persons and families with less than 4 persons) shall not exceed 150 square meters (with dripping water as the boundary, the same below), and the household with more than 4 persons shall increase by 20 square meters for each additional 1 person, but the total land area of each household shall not exceed the standards stipulated by Hunan Province and Changsha City.

Tenth rural villagers really need scattered site selection for building, should give priority to the use of the original homestead, village homestead and unused land. Strictly control the slope cutting of buildings. If it is really necessary to cut slopes due to the difficulty in site selection, the slope protection work shall be done in accordance with relevant technical specifications under the guidance of the Township People's Government to ensure the safety of buildings.

It is forbidden to build houses in the following areas:

(1) Permanent basic farmland areas;

(two) drinking water source protection areas;

(3) Management scope of rivers and lakes;

(4) Building control zones on both sides of highways;

(5) Other areas prohibited by laws and regulations.

Eleventh Township People's governments shall organize and guide the village (neighborhood) committees and village (neighborhood) groups to take back the land contracted to households within the planning area by means of recovery, exchange and economic compensation, so as to ensure the demand for land where villagers live relatively concentrated.

Villagers who are allowed to settle in cities are allowed to voluntarily withdraw from the homestead with compensation according to law, and rural collective economic organizations and members are encouraged to actively use idle homesteads and idle houses.

Twelfth rural villagers who occupy agricultural land for building houses shall go through the examination and approval procedures for the conversion of agricultural land. Involving the conversion of agricultural land, the Township People's Government shall summarize it to the municipal natural resources department every six months and report it to the Changsha Municipal People's Government in batches for the examination and approval procedures for the conversion of agricultural land.

If cultivated land is occupied, the Municipal People's Government shall be responsible for coordinating the balance of cultivated land occupation and compensation.

Thirteenth rural villagers residential construction land management plan.

Chapter IV Application and Approval

Fourteenth villagers meet one of the following circumstances, can apply for housing:

(a) the original housing is dilapidated or the housing area is lower than the standards listed in Article 9 of these Measures, and it needs to be rebuilt or expanded;

(two) due to the occurrence or defense of natural disasters, it is really necessary to move;

(three) it is really necessary to build houses by households;

(four) due to land acquisition and demolition or village construction, it is necessary to move to build a house;

(five) voluntarily give up the original scattered land for building houses and concentrate on building houses in the central village and villagers;

(six) after returning to their original places or immigrants moved in according to law, they enjoy the right to contracted management of land or the rights and interests of the collective economic organization after becoming members of the village collective economic organization, and meet the application conditions and need to build new houses and settle down;

(seven) other circumstances in which laws and regulations can apply for building.

Fifteenth rural villagers to apply for housing, one of the following circumstances, shall not be approved:

(1) Not a member of a collective economic organization;

(two) does not conform to the village planning;

(three) does not meet the requirements of one household and one house;

(4) Selling, leasing, giving to others or converting the original house into production and business purposes;

(five) although the original housing was demolished due to land acquisition for project construction, it has been resettled;

(six) the location of the land ownership application is indeed controversial and has not been resolved;

(seven) illegal occupation of housing construction will not be dealt with;

(eight) other circumstances that are not approved as stipulated by laws, regulations and rules.

Sixteenth villagers to apply for housing, should hold the following materials to apply to the Township People's government:

(1) An application for building a house;

(2) Construction approval form;

(three) the applicant's identity card, residence booklet or proof of identity of family members;

(four) the housing construction project design scheme or design drawings provided by the government free of charge, and the written commitment to the construction according to the demonstration drawings;

(five) the demolition of old houses in different places, the need to provide proof of the right to use the original homestead and agree to voluntarily withdraw from the original homestead, according to the provisions of reclamation and transfer to collective economic organizations for adjustment.

Seventeenth rural villagers housing construction should be carried out in accordance with the following procedures:

(1) application. The applicant shall submit a written application for housing construction to the village (neighborhood) group. The village (neighborhood) people's group shall conduct a preliminary examination, and with the consent of two-thirds of the representatives of the village (neighborhood) people's group, it shall be reported to the village (neighborhood) people's Committee for examination. The written application shall include the following contents:

1. Name, ID number, age, address, family population and household registration of the applicant, and whether he is a member of the village collective economic organization;

2. The original housing area, homestead area and height;

3. Whether it meets the conditions for building houses by households;

4. Location, area and whether there is any land ownership dispute;

5 matters required by laws, regulations and policy documents.

(2) publicity. The village (neighborhood) committee will publicize the application for building and the preliminary examination opinions of the village (neighborhood) group in the village (neighborhood) affairs publicity column for not less than 7 days. If there is no objection at the expiration of the publicity period, the village (neighborhood) committee shall sign the preliminary examination opinions.

Failing to pass the audit of the village (neighborhood) committee, or having objections during the publicity period, and failing to meet the application conditions after investigation and verification by the village (neighborhood) committee, the application materials shall be returned to the applicant.

(3) acceptance. The village (neighborhood) committee will submit the application materials for rural villagers to build houses with preliminary examination opinions to the Township People's government. After receiving the application materials, the Township People's Government shall accept them on the spot. If they do not meet the acceptance conditions, they shall return the application materials to the village (neighborhood) committee and explain the situation.

(4) exploration. The Township People's Government shall, within five working days after accepting the application, organize agriculture, rural areas, natural resources, housing construction, village (neighborhood) committees and other relevant departments to go to the site to survey the four areas, areas and land types, and examine the application of the housing construction applicant. After the on-site examination and approval, a land use, planning and construction examination and approval form is issued and relevant matters are informed, involving pre-approval by relevant departments such as highways, water conservancy, electric power, forestry, nature reserves and cultural relics protection areas.

(5) examination and approval. The Township People's Government shall, after receiving the relevant materials for the approval of villagers' building, issue a rural construction planning permit and a rural homestead approval letter within three working days, and inform the correction requirements at one time.

(6) Fixed-point lofting. Within five working days after the issuance of the Rural Construction Planning Permit and the Approval Letter of Rural Homestead, the Township People's Government shall organize relevant units and village (neighborhood) committee personnel to go to the site to set out the specific location of homestead land and residential housing construction, and determine the land area and area. The villagers can't start work until they set out at a fixed point.

(7) architecture. After obtaining the relevant permits, the applicant shall carry out the construction in strict accordance with the permit requirements and shall not change them without authorization. If it is really necessary to change, it shall be approved by the original examination and approval authority and implemented in accordance with legal procedures.

Rural villagers' housing construction should choose qualified rural construction craftsmen or qualified construction enterprises that have been trained in construction skills, and sign a written construction contract to clarify the rights and obligations of both parties, and stipulate the warranty period and responsibility of the house.

Rural construction craftsmen or construction enterprises shall carry out construction in strict accordance with building planning, design drawings, construction technical standards and operating procedures to ensure construction quality and safety. Rural villagers who have not obtained planning permission, land use approval or violated the planning permission and land use approval provisions shall not carry out housing construction.

Villagers require the use of unqualified building materials, building components and equipment, and rural construction craftsmen or construction enterprises should discourage or refuse.

(8) Completion acceptance. After the completion of the house, the applicant shall apply to the Township People's Government for completion acceptance within 3 months. The Township People's Government shall, within 5 working days after receiving the application for acceptance, organize the personnel of relevant functional departments, construction craftsmen or construction enterprises to conduct on-the-spot inspection on whether the completed houses meet the relevant requirements and whether the commitments such as voluntary demolition of the original houses have been fulfilled. Acceptance, by the Township People's government issued a final acceptance opinion.

(9) Registration and certification. The applicant for building a house shall apply to the real estate registration agency for issuing the certificate of immovable property right with the relevant building approval procedures and completion acceptance opinions.

Chapter V Management Responsibility and Safeguard Measures

Article 18 The municipal agricultural and rural departments shall be responsible for the reform, management, supervision and inspection of rural homesteads, establish and improve the management systems for the distribution, use, circulation and investigation of illegal land use, improve the land use standards for homesteads, and guide the rational layout of homesteads and the utilization of idle homesteads and idle farmhouses; Organize and carry out statistical investigation on the present situation and demand of rural residential land, and timely inform the natural resources department of the demand for new construction land for farmers to build houses; Participate in the preparation of national spatial planning and village planning.

The municipal natural resources department is responsible for guiding the township people's governments to carry out the preparation of land spatial planning and village planning, and handling the conversion of agricultural land and the registration of real estate.

The municipal housing construction department is responsible for compiling the general atlas and quality and safety technical manual of rural housing construction, guiding and supervising the implementation of demonstration drawings of rural housing construction design, villagers' housing construction quality, safety supervision and rural housing construction craftsman training, and establishing credit files.

Municipal transportation, water conservancy, forestry, finance, electric power, taxation and other departments shall do a good job in rural villagers' housing construction within their respective responsibilities.

Nineteenth Township People's governments are specifically responsible for the supervision, management and service of rural housing construction; According to the authorization of laws and regulations and the requirements of relevant policy documents, accept the application and approval of villagers' building in a unified way, and guide villagers to build houses in accordance with the unified atlas of villagers' building; Guide the village (neighborhood) committees to carry out the management of villagers' housing, and find that the village (neighborhood) committees illegally examine villagers' housing applications, and shall promptly stop or order them to make corrections.

Village (neighborhood) committees shall, under the guidance of Township People's governments, formulate village rules and regulations for villagers' self-management, which shall be implemented after discussion and adoption by villagers' meetings; Guide the villagers to handle or go through the formalities for examination and approval of rural housing construction, and guide the villagers to carry out rural housing construction activities according to laws and regulations.

Twentieth relevant departments should ensure the smooth progress of standardized management of villagers' residential construction according to these measures. Municipal Party Committee Office, municipal human resources and social security departments should ensure the necessary staffing. City agriculture and rural areas, natural resources, housing construction, transportation, water conservancy, finance, forestry, electric power, scenic area management agencies and other departments should integrate new rural construction, new urbanization, renovation of dangerous houses, resettlement, drinking water safety, village highway construction and other funds to benefit the people and benefit agriculture, and use them for infrastructure construction in villagers' concentrated residential areas. No unit or individual may illegally collect fees when handling the examination and approval of rural villagers' building and the registration of ownership.

Twenty-first rural villagers housing construction management work into the city's annual performance appraisal system.

Chapter VI Supervision and Administration

Twenty-second Township People's governments shall publicize the application conditions, application materials, application acceptance organs, examination and approval procedures and time limits for rural villagers' housing construction through government websites and government affairs halls, and regularly publish the examination and approval.

Twenty-third Township People's governments shall establish a dynamic inspection system for rural villagers' housing construction, and timely handle and report the illegal acts found in the city's agriculture, rural areas, natural resources and housing construction departments to investigate and deal with them according to law.

Village (neighborhood) committees should conscientiously do a good job in the supervision and coordination of construction sites and the daily inspection of illegal land use and illegal buildings. If villagers are found to have illegally built houses, they should immediately dissuade them and report to the Township People's Government immediately.

City agriculture and rural areas, natural resources departments and Township People's governments shall establish a reporting system for illegal housing construction by rural villagers, and organize investigation and handling in time after receiving the report.

Twenty-fourth Township People's governments shall establish a joint meeting system for rural villagers' housing construction management, and study and solve major issues such as the compilation and adjustment of village planning, the planning and layout of villagers' centralized housing, licensing and law enforcement.

Chapter VII Legal Liability

Article 25 Township People's governments and municipal departments in charge of agriculture, rural areas, natural resources, housing and construction shall, in accordance with the provisions of relevant laws and regulations on land management, urban and rural planning, and building management, correct illegal building in permanent basic farmland areas, first-class protection areas for drinking water sources, river and lake management areas, building control areas on both sides of highways and other areas where construction is prohibited by laws and regulations.

Twenty-sixth villagers illegally occupy land to build houses without approval or by deception, and the municipal agricultural and rural authorities shall order them to return the illegally occupied land and dismantle the newly built houses on the illegally occupied land within a time limit.

Land occupied in excess of provincial and municipal standards is regarded as illegal occupation of land.

Twenty-seventh rural construction craftsmen or construction enterprises in rural housing construction, one of the following circumstances, the municipal housing construction department shall order it to make corrections within a time limit; If the circumstances are serious, a fine of more than 2000 yuan 10000 yuan shall be imposed; If losses are caused, compensate for the losses according to law; If the case constitutes a crime, it shall be transferred to judicial organs for handling according to law:

(a) not in accordance with the construction planning, design drawings, construction technical standards and operating procedures;

(2) Building houses for rural villagers without planning permission or land use approval or in violation of planning permission and land use approval;

(three) cutting corners or using unqualified building materials, building components and equipment.

Twenty-eighth the implementation of new demolition. Before the villagers start construction, they should first remove the old houses other than the necessary living houses; The reserved living room should be demolished before the new house is completed and accepted. If it is not removed within the time limit, the Township People's Government shall organize local villagers' groups to remove it according to law.

Twenty-ninth relevant departments of the Municipal People's Government and the Township People's Government and their staff, in any of the following circumstances, shall be investigated for the responsibility of the relevant personnel in accordance with the relevant provisions:

(a) failing to prepare or modify the village planning in accordance with the provisions;

(2) Failing to go through the formalities of planning permission and land use approval in accordance with regulations;

(3) Failing to provide free pay-off service as required;

(four) not in accordance with the provisions of the planning, land verification;

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