Should farmers in suburban counties abide by the Urban and Rural Planning Law when building houses?

Interim Measures for the Administration of Farmers' Building in Pingjiang County Planning Area

Type: policies and regulations

Chapter I General Principles

Article 1 In order to strengthen and standardize the management of farmers' building in the county planning area and ensure the smooth implementation of the county planning, these Interim Measures are formulated in accordance with the provisions of the Urban and Rural Planning Law of People's Republic of China (PRC), the Land Management Law of the People's Republic of China and the Construction Law of People's Republic of China (PRC), combined with the actual situation of our county.

Article 2 The county planning area refers to the planning and construction control scope of the revised Pingjiang County Master Plan (2006-2020) (20 1 1), with an area of about 126 square kilometers.

Third farmers in the county planning area must abide by these Interim Measures.

Article 4 The term "farmers" as mentioned in these Interim Measures refers to the agricultural registered population whose household registration belongs to the members of this collective economic organization, who enjoy the right of household contract and perform relevant obligations.

Fifth farmers in the county planning area adhere to the principle of planning first, examination and approval according to law, centralized construction and strict supervision.

Chapter II Construction Methods

Sixth farmers in the county planning area should be treated differently according to different lots, and adopt unified planning and unified construction (apartment-style residential area) and unified planning and self-construction (centralized residential area).

(1) Unified planning and construction. In accordance with the standards of urban residential apartments, apartment-style residential quarters will be built and unified planning and construction will be implemented.

(2) Unified planning and independent construction. In accordance with the requirements of centralized plots, centralized residential areas will be built, and unified planning and household construction will be implemented.

(3) The overall planning of the county is within 30 square kilometers (the blue line in the attached figure), which belongs to the scope of unified planning and construction, and the land belongs to the nature of state-owned allocated land. The range of 30 square kilometers (outside the blue line in the attached drawing, inside the red line) 126 square kilometers belongs to the self-built scope of unified planning, and the land remains the same as the collective land.

(four) farmers who belong to the scope of unified planning and construction (except for resettlement areas) are not allowed to build their own houses under unified planning; Farmers who belong to the scope of unified planning and self-construction can choose to buy houses at unified planning and construction points.

Chapter III Application Conditions

Article 7 Farmers who meet one of the following conditions may apply for buying houses in apartment-style residential areas or self-built houses in farmers' concentrated residential areas according to the way of living:

(1) The original house belongs to Class D dangerous house and needs to be demolished and rebuilt, and there is no other residence;

(two) meet the household conditions (more than two households have reached the legal age of marriage, but parents must live with one child), and the per capita housing area is less than 30 square meters;

(three) there is no housing;

(four) the original house collapsed and there was no other residence.

Eighth farmers who meet one of the following conditions shall not apply for buying houses in apartment-style residential areas or building their own houses in farmers' concentrated residential areas:

(a) More than one household;

(2) Selling, renting or giving the original house to others;

(three) in the demolition and requisition of the original homestead according to law, the resettlement or compensation has been implemented;

(four) have moved into the household registration, but did not enjoy the right to contracted management of the family and did not fulfill the relevant obligations (empty hanging households);

(5) Immigrants whose original houses have not been completely demolished;

(six) parents must follow their children * * *, of which parents or children follow * * *, and one party has applied to build a house in a unified planning self-built house, and the other party continues to apply;

(seven) other provisions of national policies do not meet the conditions for applying for building.

Chapter IV Examination and Approval Procedures

Article 9 Farmers applying for buying houses in apartment-style residential areas or self-built houses in farmers' concentrated residential areas shall go through the following procedures:

(a) farmers to the village group, the village (neighborhood) committee to submit a written application;

(two) the village (neighborhood) committee after receiving the application of farmers to buy houses or build houses by themselves, and make the first publicity in the villagers' group and the village (neighborhood) committee. Publicity for 7 days without objection, fill in the examination and approval form for farmers' housing, and the villagers' groups and village (neighborhood) committees sign opinions and report them to the township (town) people's government.

After examination or publicity does not meet the application conditions, the village (neighborhood) committee shall inform the applicant in writing within 3 working days and explain the reasons.

(three) the township (town) people's government shall organize relevant staff to investigate and verify that there is no objection to the first publicity, and then carry out the second publicity in the village (neighborhood) and group where the applicant is located for a period of 5 days. After two publicity without objection, in line with the purchase of apartment-style residential housing, the township (town) people's government issued a letter of approval for the purchase of housing, in conjunction with the county real estate bureau for the applicant to handle the relevant purchase procedures; In line with the natural point of the building, the township (town) people's government signed a review opinion, the land department for land use procedures, reported to the county planning office for approval. The Planning Department must issue the rural construction planning permit to the applicant within 7 working days, and the construction can be started only after the site release by the Planning Department.

Chapter V Construction Standards

Tenth eligible and approved to buy apartments in residential areas, the purchase area is not more than 45 square meters per capita (not more than 135 square meters per household). The purchase price is the cost price during the construction of the community. The cost price shall be sent to the county price bureau for review by the construction unit of apartment-style residential quarters, and announced to the public after approval by the county people's government.

Article 11 Those who meet the requirements and are approved to build their own houses in areas where farmers live in concentrated communities shall adhere to the principle of one household and one house. The homestead area of each household shall not exceed 1.28 square meters, the total height of the house shall not exceed 3 floors, and the total construction area shall not exceed 300 square meters. In the construction of the same self-built point, it is necessary to unify the style of the apartment, and the single-family building requires one-time construction in principle.

Chapter VI Construction Management

Twelfth city investment company is the main responsibility for the construction and management of apartment-style residential quarters, and the township (town) people's government is the main responsibility for the construction and management of farmers' centralized self-built residential quarters. The responsible entity is responsible for detailed planning, land acquisition, approval, apartment building construction, post-approval supervision, organization and acceptance. Pingjiang County Land and Housing Collection Office is responsible for checking the capacity and access qualification of apartment-style residential areas and concentrated residential areas, and assisting responsible units in land acquisition.

The costs of land acquisition, site leveling and infrastructure construction in farmers' concentrated residential areas should be reasonably shared.

Thirteenth in line with the conditions of Article seventh (a) of these measures, approved to buy houses in apartment-style residential areas or self-built houses in farmers' concentrated residential areas, the original houses shall be handled in the following ways:

(a) approved to buy a house in an apartment-style residential area, the original house must be demolished by itself, and the land use right belongs to the collective. The original housing compensation is registered by Pingjiang County Land and Housing Expropriation Office, and compensation is made according to the standard of normal demolition when land is expropriated.

(two) approved in the farmers' concentrated settlements to build their own houses, in accordance with the principle of one household and one house, the original houses will be demolished by themselves, and the original homestead will be recovered by the collective economic organizations.

Fourteenth farmers in the process of building illegal acts, according to the "People's Republic of China (PRC) * * * and People's Republic of China (PRC) urban and rural planning law" for processing.

(a) without a planning permit or in violation of the requirements of the planning permit for construction, according to the "People's Republic of China (PRC) * * * and People's Republic of China (PRC) Urban and Rural Planning Law" in accordance with the law;

(two) illegal sale and transfer of the right to use the homestead, according to the illegal sale of land;

(three) to take fraudulent means to obtain approval, in the unified planning and construction of the house, return the purchased house, and deal with it according to law; Take deception to obtain approval, build a house at the self-built point of unified planning, dismantle it by itself within a time limit, and forcibly dismantle it if it is not demolished within the time limit;

Chapter VII Supplementary Provisions

Fifteenth in the future, due to the adjustment of urban planning and overall land use planning, farmers who are included in urban planning areas should build houses according to these measures.

Article 16 These Measures shall be implemented as of 20 12 12 1.