Regulations of Shangrao Municipality on the Administration of Rural Residents' Housing Construction

Chapter I General Provisions Article 1 In order to strengthen the management of rural residents' housing construction, guide rural residents to use land rationally, economically and intensively, and build beautiful countryside, 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 and other relevant laws and regulations, combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to the construction, renovation and expansion of houses by rural residents on collectively owned land within the administrative area of this Municipality and their management and supervision.

These regulations do not apply to the construction, renovation and expansion of rural residential buildings and their management and supervision on collective land within the scope of urban and town planning and construction land. Article 3 The housing construction of rural residents shall follow the principles of planning first, one household, one house, standardized control, economy and intensification. Fourth people's governments at or above the county level shall be responsible for the management and supervision of rural residents' housing construction. The leading institutions of rural residents' housing construction management of the people's governments at or above the county level are responsible for the organization, guidance and coordination of rural residents' housing construction management, and their daily offices are located in the competent department of urban and rural planning.

The Township People's Government shall be responsible for the supervision and management of the housing construction of rural residents within its jurisdiction. Where the competent department of urban and rural planning and land and resources of the people's government at the county level sets up an agency in a township, the township people's government shall jointly do a good job in the management of rural residents' housing construction.

The villagers' committee shall, in accordance with the relevant laws and regulations and the provisions of this Ordinance, do a good job in the management of rural residents' housing construction. Article 5 The competent department of urban and rural planning of the people's government at or above the county level shall be responsible for the planning, management and supervision of the housing construction of rural residents within its jurisdiction.

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

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

The departments of public security, finance, urban management, environmental protection, agriculture, forestry, water conservancy, culture, transportation, earthquake prevention and disaster reduction of the people's governments at or above the county level shall, according to their respective functions and duties, do a good job in the housing construction of rural residents. Article 6 The people's governments at the county level shall incorporate the funds for township planning and village planning into the overall financial arrangements at the county level. Chapter II Planning and Land Use Article 7 The Township People's Government shall, in accordance with the provisions of relevant laws and regulations, organize the compilation and improvement of the overall land use planning of townships, towns, townships and villages.

Township planning and village planning should proceed from rural reality, respect the wishes of rural residents, reflect rural characteristics, and pay attention to the protection and inheritance of traditional culture. Approved township planning and village planning shall be publicized. Article 8 The housing construction of rural residents shall conform to the overall land use planning of townships, towns, townships and villages. Ninth rural housing construction should make full use of the original homestead, Gacha, barren hills, slopes and other unused land. A household can only own one homestead.

The housing construction of rural residents shall not occupy basic farmland, nor occupy or occupy less cultivated land. If it is really necessary to occupy cultivated land, the village collective economic organizations or villagers' committees shall be responsible for implementing the compensation system for occupied cultivated land. Tenth rural residents housing construction site should avoid the following areas:

(a) flood discharge channels, dikes and berms;

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

(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. Eleventh to encourage rural residents living in cities to voluntarily withdraw from the homestead. Village collective economic organizations or villagers' committees shall, in accordance with the principle of who benefits and who compensates, reward and compensate rural residents who give up their housing qualifications and withdraw from their homesteads. Chapter III Application and Examination and Approval Article 12 If rural residents really need to separate households because of marriage, they shall be examined and approved by the villagers' committee. Thirteenth rural residents who meet one of the following conditions may apply for building a house on a household basis:

(a) no self-owned housing;

(two) the existing housing construction area per capita is less than 30 square meters;

(three) the house is occupied by national construction projects or township and village public facilities and public welfare undertakings;

(four) due to natural disasters, policy migration and other reasons. It is necessary to relocate;

(five) from the original homestead, gathered in the town or rural residents concentrated housing points;

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

(seven) in accordance with the provisions of this Ordinance, due to the improvement of living conditions and other reasons need to tear down the old and build a new one;

(eight) other circumstances in which you can apply for building a house.

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. Fourteenth in any of the following circumstances, the application for land for housing construction of rural residents shall not be approved:

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

(two) the existing homestead area can meet the needs of households;

(three) the application for housing land ownership disputes;

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

(five) the applicant sells, rents or gives the house to others;

(six) the applicant has converted the existing housing into non-residential housing;

(seven) the applicant has illegal land use, illegal construction behavior has not been dealt with and closed;

(eight) the applicant belongs to the elderly and five guarantees taken care of by the government;

(nine) other circumstances that do not meet the application conditions for land use.