Demolition and reconstruction policy

Since the municipal government promulgated the Interim Provisions on the Renovation of Villages in Shenzhen (Shenfu [2004] 177, hereinafter referred to as the Interim Provisions on the Renovation of Villages in Shenzhen) and the Opinions of Shenzhen Municipal People's Government on the Upgrading and Renovation of Industrial Zones (Shenfu [2007]75), our city has successively carried out the upgrading and renovation of villages in cities and industrial zones. In August, 2009, the Guangdong Provincial Government issued "Several Opinions on Promoting the Renovation of" Three Old Houses "and Promoting Economical and Intensive Land Use" (Yuefu [2009] No.78, hereinafter referred to as "Opinions on the Renovation of Three Old Houses in Guangdong Province"), which further clarified the relevant policies for the renovation of three old houses in Guangdong Province, and the municipal government formulated and promulgated them according to its relevant regulations (municipal government decree No.2165438).

I. From "Old City Reconstruction" to "Urban Renewal"

In the way of renewal, we no longer use the previous expressions such as "transformation of villages in cities", "transformation of old villages" and "transformation of old cities", but adopt the concept of "urban renewal" which is more comprehensive and pays more attention to the improvement of urban quality and connotation. The so-called "urban renewal" refers to three types of renewal activities, such as comprehensive transformation, functional change or demolition and reconstruction, in a specific urban built-up area (including old industrial areas, old commercial areas, old residential areas, urban villages and old houses, etc.). ) According to the urban planning and prescribed procedures.

The goal of urban renewal is to further improve the urban function, optimize the industrial structure, improve the living environment, tap the land potential, expand the development space and promote the sustainable development of social economy, which changes the concept that the transformation of the old city is simply demolition or material form change, and pays more attention to the connotation of urban function upgrading and old city revitalization. The renewal mode provides corresponding choices for regions with different status quo and different transformation needs. In the future, the urban renewal of Shenzhen will be organically combined in various forms, with comprehensive transformation as the main focus as far as possible.

Second, two new concepts.

(a) the implementation of the annual plan management system for urban renewal.

The updating method stipulates that "the urban renewal shall implement the urban renewal unit planning and annual plan management system". The annual urban renewal plan of our city includes two parts: the urban renewal unit planning plan and the annual implementation plan. Plan the annual urban renewal unit plan and the planned demolition, reconstruction and comprehensive renovation projects, strengthen the planning and management of urban renewal, and ensure the orderly urban renewal.

On the basis of completing the declaration of the 20 10 annual plan, the municipal renewal office has adjusted the planning management mode of the renewal unit. The annual plan is no longer in the form of annual report, but in the form of normal declaration.

(2) Urban Renewal Unit

In the updating method, it is proposed for the first time that the urban renewal should implement the urban renewal unit planning system, which stipulates the definition principle of urban renewal units and the compilation procedure of urban renewal unit planning. Urban renewal units shall, in accordance with relevant technical specifications, comprehensively consider natural factors such as roads, rivers and property rights boundaries, delimit relatively large areas as urban renewal units, and formulate urban renewal unit plans.

Urban renewal is no longer planned by the project, but by the renewal unit. The planning arrangement of supporting facilities in the unit can be considered comprehensively, especially for multiple renewal projects in the unit, which can balance the interests of each project, ensure the landing of supporting facilities, and effectively avoid the disadvantages of previous project planning. According to the past practice, the old district reconstruction plan is carried out according to the project. For example, there are two renovation projects in a certain area, and it is necessary to arrange a school according to the plan. Because the interests between the projects cannot be balanced, the two projects are often unwilling to accept the landing of the school, which makes it difficult to build public facilities and cannot achieve the purpose of perfecting urban functions.

Third, three breakthroughs

The updating method mainly defines the working procedures of urban renewal projects, land price payment standards, urban renewal planning and management, etc. On the basis of maintaining the continuation of the original land price policy for urban villages, the land price standards for urban villages inside and outside the SAR have been unified, and major breakthroughs have been made in the following three aspects:

(a) the transformation object from the village in the city (old village) to all the built-up areas that meet the transformation conditions.

According to the "Interim Provisions on the Reconstruction of Villages in Cities", "Villages in Cities" only cover the original rural non-agricultural construction land, rural residential built-up areas and old houses that have been designated by the planning and land departments, and a large number of original rural industrial built-up areas and old cities in our region are not included in the scope of reconstruction; Moreover, judging from the current situation of urban construction in our region, the original rural built-up areas have not formed independent blocks, and most areas are old villages and old cities, with cities in villages and villages in cities. It is difficult to divide the boundary between the city and the countryside. It is not in line with the law of urban construction to artificially divide the old city and the countryside and transform them separately.

Therefore, it is of great significance to incorporate all the built-up areas that meet the transformation conditions into the updated objects and transform them according to the laws of urban planning and urban construction.

(B) Give full play to the role of the market in the transformation of the main body, and change the pre-confirmation to post-confirmation.

Before the introduction of the update method, according to the Interim Provisions on the Reconstruction of Villages in the City and the spirit of relevant documents in our district, the reconstruction of old villages in the old city was mainly determined by the community collective joint-stock company introducing cooperative developers or street selection developers to the district government for the record. After confirmation, the transformation subject can negotiate the demolition, and go through the relevant administrative licensing procedures after the completion of the demolition compensation.

The updating method gives full play to the role of market allocation in the generation of transformation subjects, mainly through civil rights and obligations such as "acquisition" and "agreement", and enterprises or individuals report to the district government for confirmation after completing the compensation acquisition. This practice has carried out the relevant provisions of Guangdong Province's "three old" transformation documents.

(c) Assignment by agreement as an alternative to clarification

According to the "Interim Provisions of the Municipal Government on the Reconstruction of Villages in Cities", our city adopted the agreement transfer method at the beginning of the old city reconstruction project. However, because the state stipulates that business land must be sold in the open market through bidding, auction and listing, it is not clear how to sell the old land. At the end of 2008, the municipal land department required all urban renewal projects, including old cities and old villages, to uniformly transfer land use rights. Subsequently, the plots of Nanshan Everbright Timber Factory, Huilongpu Old Village, Bao 'an Baocheng 26 District and Futian Jinlong New Village in our district were listed for sale at the end of 2008 and the first half of 2009 respectively. Considering the particularity of urban renewal project land and the operability of land use right transfer, in September 2009, Guangdong Province issued "Opinions on the Transformation of Three Old Provinces", clarifying that the form of land transfer can be signed by supplementary agreement or supplementary transfer contract, and the agreement transfer can be clearly renewed.

In addition, according to the relevant provisions of the "Update Measures", the land use right of government-led urban renewal and transformation projects should be sold by bidding, auction and hanging.

IV. Main Procedures

(1) Planning scheme of urban renewal units: the district government screens the renewal projects within its jurisdiction, formulates an annual plan according to the urban planning and the wishes of the owners, and submits it to the Planning and Land Commission for approval by the municipal government; A single subject area can also be declared directly to the Planning and Land Commission.

(2) Registration of land and house ownership. This procedure mainly deals with land and houses within the scope of renewal units. Land and houses with legal registration and renewal units and clear ownership directly go through the follow-up procedures.

According to the opinions of the province's "three old" transformation, in order to improve all kinds of historical land use procedures involved in the "three old" transformation, the opinions stipulate simple and special treatment methods. However, the improvement of historical land use procedures must be completed before 20 12, and this simple treatment method will no longer be implemented after 20 12.

(III) Preparation and approval of urban renewal unit planning The district government shall organize the reporting unit to prepare the draft unit planning. If the unit planning meets the statutory planning, the district administration shall report it to the Municipal Planning and Land Commission for approval, and if it breaks the statutory planning, it shall be approved by the Municipal Planning and Land Commission.

(four) enterprises and individuals agree to purchase real estate in the renewal unit, and after the completion of the acquisition, apply to the district and municipal reform office for confirmation of the transformation subject.

(five) the transformation unit for the project land planning administrative license, signed a land transfer contract or signed a supplementary agreement on land transfer, pay the transfer fee.

(six) update the development and construction of the project.

Five, pay the premium standard

Articles 36 to 39 of the update method stipulate that the demolition and reconstruction projects are divided into four categories according to the original land ownership and use, and the land price is paid according to the corresponding standards.

(a) update the land used in the project village, and implement the unified land price policy inside and outside the special zone, that is, the plot ratio of new buildings is 2.5 and below, and the land price will no longer be paid; For the part of the building plot ratio between 2.5 and 4.5, the land price shall be paid back at 20% of the published benchmark land price standard; If the building plot ratio exceeds 4.5, the land price shall be paid according to the published benchmark land price standard.

The term "village in the city" as mentioned in this land price standard refers to the built-up area within the geographical scope of non-agricultural construction land reserved by the villagers and receiving units of the former rural collective economic organizations in the process of urbanization in our city.

(2) For the demolition and reconstruction of the old house village formed before July 1993, the land price will not be paid according to the current construction area of 1.5 times, and the land price will be paid according to the published benchmark land price standard for the excess part.

(3) If the demolition of the project in the original industrial zone is converted to industrial use or the municipal government encourages the development of the industry, the land price will not be paid for part of the original legal construction area; The increased construction area shall be paid at 50% of the published benchmark land price standard.

If it is converted into residential, office, commercial and other business purposes, the land price payable shall be calculated according to the function of the original legal construction area after transformation, and the land price shall be calculated according to the benchmark land price standard after deducting the remaining original land; For the part that increases the construction area, according to the function after transformation and the service life of the land use right, the land price that should be paid is calculated according to the market evaluation land price standard. However, if the Opinions of the Municipal Government on the Renovation Project of the Old City and Old Village in Longgang District of Bao 'an has been stipulated (mainly referring to the policies and projects stipulated in documents No.257 and No.258 of the municipal government in 2006), the land price payable shall be calculated according to the benchmark land price.

(4) For the land under other circumstances, according to its reformed function, the land price payable shall be calculated according to the published benchmark land price standard, and the land price calculated according to the published benchmark land price standard for the remaining land use of the original legal construction area shall be deducted.

In addition, the update method stipulates that the government will not compensate for the demolition of public facilities involved in urban renewal unit planning and land transfer contracts. Combined with the actual urban construction in our district, the district government issued "Several Measures on Promoting the Urban Renewal, Demolition and Reconstruction Project in Longgang District" on 20 10 (Shen Longfu [20 10] No.010), that is, according to the municipal government order No.2005 standard,16/kloc-.