Job Recruitment Website - Property management - What is the collective housing planning of Nantai, Nanfeng Village, Shimen County?
What is the collective housing planning of Nantai, Nanfeng Village, Shimen County?
Chapter I General Provisions
Article 1 In order to strengthen the management of private housing construction in the county planning area (hereinafter referred to as the planning area), standardize housing construction behavior, and promote land conservation and rational utilization, according to 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 Rural Land Contract Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC) and the Construction Law of People's Republic of China (PRC).
Article 2 These Measures shall apply to the construction of private houses in the county planning area. The term "private housing construction" as mentioned in these Measures refers to the construction of private housing for the purpose of people (households) and urban residents, including new construction, renovation and expansion.
Article 3 The term "indigenous villagers (households)" as mentioned in these Measures refers to farmers whose per capita collective agricultural production land (excluding sporadic plots) is more than 0. 1 mu due to natural childbirth or marriage in the village community neighborhood committees within the county planning area, or who have been resettled in the village (neighborhood Committee) for a long time due to national construction immigrants and contracted to operate the village (neighborhood Committee) collective land for agricultural production by family contract or other means.
Urban residents refer to all residents living in the original village (neighborhood) outside the county planning area.
Fourth in the construction of private houses in the county planning area, we must follow the principles of unified planning, rational layout, land conservation and centralized plots, and conform to the overall urban planning and rural planning.
Fifth villagers (residents) use collective land to build residential construction areas, which are divided into apartment building resettlement areas, centralized joint construction areas and suburban private residential areas within the county planning area.
Sixth county planning area, the implementation of housing demolition on state-owned land in accordance with the relevant provisions of the "Regulations on the expropriation and compensation of houses on state-owned land" to give compensation and resettlement.
Seventh county planning area expropriation (expropriation) of collective land to implement housing demolition according to the "Changde city land acquisition housing demolition compensation and resettlement measures" to give compensation and resettlement.
Chapter II Construction Management of Indigenous People (Houses) in County Planning Area
Article 8 The apartment building resettlement area refers to the area where collective land is used according to law, multi-,medium-and high-rise houses are built to resettle relocated households and unified property management is implemented in the process of land acquisition, demolition and resettlement for national construction.
Scope of resettlement area of apartment building:
North of Lishui in urban area: East to Airport Road in Dongcheng District, south to Lishui, west to Sanjiangkou Railway Dry Bridge and north to the railway area.
South of Lishui in the urban area: Xinjian Road in the east, Moon Road along the power plant special line in the south, Xinjiekou in the west and Lishui in the north.
Centralized joint construction area refers to the construction area of self-built houses with the approval of the original villagers (residents) (households) in the planned peasant housing community.
Scope of centralized co-construction area:
Shuanghong Community Neighborhood Committee, Chengyang Community Neighborhood Committee, Guanshan Community Neighborhood Committee, Lianhua Community Neighborhood Committee, Xinchang Community Neighborhood Committee, Gu Yong Community Neighborhood Committee, Liu Jiaping Community Neighborhood Committee, Shuangxin Community Neighborhood Committee, Baota Community Neighborhood Committee, Zhongdu Community Neighborhood Committee, Huangni Community Neighborhood Committee, Xinjie Community Neighborhood Committee, Yueliangshan Community Neighborhood Committee, Tiangong Mountain Community Neighborhood Committee, Caojiapeng Community Neighborhood Committee and Chensi Community Neighborhood Committee. In addition to the apartment building resettlement area, Zhuyuanta Community Neighborhood Committee also includes Yang Er Branch Community Neighborhood Committee and Yijiadu Community Neighborhood Committee in Yijiadu Town, as well as Satellite Village, Tushan Village, Qianfeng Village, Nanfeng Village and Pailou Village in Erdu Township.
The area of private houses in the outer suburbs refers to the construction area of houses built according to the unified planning of villages and the planning of village housing construction.
The scope of private areas in the outer suburbs: apartment buildings and county planning areas outside the centralized joint construction area.
New and old S304 provincial highway from Shimen County to Cili, S303 provincial highway from Shuanghong Community to Xinguan Town, within 50 meters on both sides of the center line, S303 extension line and all connecting lines between the county and the line, Jiashan Road and Cai Hong Road, within 0/00 meter on both sides of the center line, it is forbidden to build new private houses.
The specific scope of apartment building resettlement area, centralized joint construction area and outer suburb private saving area shall be subject to the "Shimen County Planning Area Private Saving Resettlement Regional Plan" publicized by the county planning management department.
Article 9 The coordinating body for regulating the construction of private houses in county planning areas shall be responsible for the coordination and management of the construction of private houses in county planning areas, and guide the relevant township people's governments to be responsible for the construction of apartment building resettlement areas and farmers' housing communities within their respective administrative areas.
The construction of private houses in tenth apartment building resettlement areas shall be implemented according to the Interim Measures for the Administration of Apartment Building Resettlement in Shimen County Urban Planning Area.
Eleventh concentrated contiguous construction areas due to national construction land acquisition and demolition to promote the implementation of apartment building resettlement, in principle, large-scale construction projects land acquisition and demolition to implement apartment building resettlement.
Article 12 The houses built by villagers (households) in the resettlement areas of apartment buildings and centralized joint construction areas shall conform to the overall land use planning and the overall urban planning, and all of them shall enter the resettlement areas and residential quarters. No individual may rebuild or build new private houses outside resettlement areas and residential quarters.
Village (neighborhood) people (households) where the village (neighborhood) people's group is located have no collective construction land or per capita agricultural production land (excluding sporadic plots) below 0. 1 mu, and may not apply for the use of collective land for building houses.
Thirteenth original villagers (residents) who meet the building conditions in the centralized contiguous construction area enter the residential area to build houses. Before the implementation of these measures, the rural collective land contracting households are basic households, and the construction area of each household shall not exceed 96 square meters except the road sharing area. If it is really necessary to build a house, the old house should be demolished and moved into the whole building community of farmers.
Article 14 The original homestead of newly-built households in apartment buildings, centralized joint construction areas and suburban private residential areas is still owned by the original collective economic organizations after ploughing, which can be contracted by the original households, and rural land contracts can be signed with village collective economic organizations to handle the registration procedures of land contractual management rights.
Article 15 The qualification identification and building examination and approval procedures of residents (households) in the original village (neighborhood) in the centralized joint construction area and the outer suburb private saving area shall be strictly implemented in accordance with these measures and the Opinions of the Ministry of Land and Resources on Strengthening the Management of Rural Homestead and the Interim Measures for the Management of Collective Construction Land in Hunan Province. Indigenous farmers who meet the housing conditions should prepare household registration book, rural land contract, rural land contract management right certificate, original collective land use certificate (household registration book is required), application report and other materials, and then apply to collective economic organizations for publicity for 7 days. If there is no objection at the expiration, the information shall be submitted to the township (town) government for approval according to the procedure. If it is examined and approved according to law, the collective economic organization shall publish the examination and approval results in a timely manner.
Sixteenth the original village (neighborhood) people (households) to apply for the construction of private housing in any of the following circumstances, shall not be approved:
(a) the original village (neighborhood) people (households) will sell, lease, gift to others, converted to other non residential purposes;
(two) the demolition of the original village (neighborhood) people (households) have taken apartment or monetary resettlement (private residential acquisition);
(three) the original village (neighborhood) people (households) still have one or more private houses (including apartments, excluding commercial housing) after the demolition;
(4) rural married women or son-in-law whose household registration has not moved out, and whose spouses have homestead or have enjoyed housing subsidies in their work units (including housing reform units buying houses);
(five) the source of land is illegal;
(six) the village (neighborhood) people rebuilt houses without "tearing down the old and building a new one";
(seven) the original private residence with a per capita construction area of more than 60 square meters applies for household construction;
(eight) private residential construction site does not meet the planning;
(nine) during the publicity period, the masses reported that they were fraudulent and did not meet the conditions for the construction of private houses;
(ten) in line with the household conditions of the original village (neighborhood) people (households) do not agree to move into the centralized joint construction area of farmers' housing as a whole or refuse to accept the apartment building resettlement according to the regulations;
(eleven) other circumstances in violation of laws and regulations.
Seventeenth suburban private housing area in the original village (neighborhood) people (households) building must conform to the village planning or residential planning, and the planning administrative departments on-site lofting before construction.
Eighteenth the establishment of the original village (neighborhood) people (households) identification system, the county planning area of the village (neighborhood) people's committee of the original village (neighborhood) people (households) by the county people's government every five years in accordance with the following provisions of the audit identified and published.
1. Conditions and materials: ① If a farmer who is a member of a village (neighborhood) collective economic organization contracts rural land for agricultural production and fulfills the obligations of the villagers in his village, he shall submit a copy of the rural land contract, rural land management certificate and household registration book;
(2) The residential houses built by farmers who are not in the county planning area and the resettlement houses not in the apartment buildings shall be certified by the village (neighborhood) committee;
③ If the per capita agricultural production land of the village (neighborhood) group is above 0. 1 mu (excluding sporadic plots), the village (neighborhood) committee shall issue a certificate;
Village (neighborhood) people's congress or village (neighborhood) people's congress resolution.
2. Procedures: ① Each village (neighborhood) committee lists the determined number of farmers and the names of household heads according to the rural land contract and the rural land contract management right certificate, which has been publicized by the village (neighborhood) committee 10 day without objection and audited by the village (neighborhood) people's congress;
The village (neighborhood) committee will submit the roster approved by the village (neighborhood) people's congress to the township (town) land and resources institute (sub-bureau) and rural management station for preliminary examination, put forward written examination opinions, and then report to the township (town) people's government for collective research. In line with the conditions, the township (town) people's government put forward the list of indigenous residents (households), and submitted it to the county land and resources administrative department and the rural management department for review, and * * * submitted it to the county people's government for confirmation and announcement; Do not meet the conditions, by the township (town) people's government returned to the original report of the village (neighborhood) Committee to correct, according to the procedures for completing.
Chapter III Management of Building Houses for Urban Residents in the County Planning Area
Article 19 It is strictly forbidden for urban residents to build new houses sporadically, to buy or lease rural collective land to build private houses in any form, and to illegally buy, sell or transfer rural homesteads.
Twentieth urban residents housing in any of the following circumstances, can only be repaired and strengthened, not renovated:
1. Land for railways, highways, ports, roads, green spaces, transmission line facilities, transmission line corridors, communication facilities, radio and television facilities, pipeline facilities, rivers, reservoirs, water sources, nature reserves, cultural relics protection, flood control passages, fire exits, landfill (incineration) sites, sewage treatment and public service facilities as determined by urban and rural planning, and other needs.
2, apartment building resettlement area and centralized joint construction area;
3, the county planning within the scope of construction needs to be removed;
4, other circumstances identified by the planning administrative department.
Twenty-first county planning area, in addition to the implementation of the provisions of article twentieth, the original residents of private residential areas in principle can not be transformed, all into the transformation of old shanty towns. Individual households that are indeed dangerous buildings of Grade D shall be led by the coordination body of private saving construction in the county-level planning area, and conduct on-site reconnaissance and identification in conjunction with the planning and housing management departments. Houses on state-owned land that conform to urban planning should be transformed as planned, and houses on collective land should be expropriated.
Twenty-second private houses shall be implemented in strict accordance with the plan, and shall not affect lighting, ventilation, sunshine, etc. Adjacent buildings, their architectural style, height and total height should be coordinated with the surrounding buildings.
Article 23 Private houses with more than three floors or a building area of more than 300 square meters must not only meet the planning requirements, but also hold the construction drawings designed by certified design units, and go through formal procedures such as quality supervision, safety supervision and construction permit before they can start construction. Otherwise, the planning will not be released, and the construction team must have corresponding qualifications.
Twenty-fourth county planning administrative departments should inform the urban management law enforcement department when setting out private houses on the spot, and the urban management law enforcement department should make it clear that special personnel should participate in the on-site supervision during the building setting out and construction.
Chapter IV Supervision and Administration
Twenty-fifth all private residential construction after entering the examination and approval procedures, shall not add or change the name of the head of household; In addition to the expropriation of collective land for national construction, the nature of private residential land shall not be changed.
Twenty-sixth it is strictly forbidden to use personal residential land to engage in real estate development in disguise. It is not allowed to enter the private housing market by changing the nature of land use or separating people from households. After the private house is completed. Offenders who illegally transfer land or illegally change land use shall be investigated and dealt with by relevant functional departments according to law, and examination and approval procedures shall not be handled for them.
Twenty-seventh in violation of the provisions of these measures, building households without approval or by deception to obtain approval to build private houses, urban management and law enforcement departments and land and resources departments shall be investigated and dealt with according to law.
Where private houses are not built according to the planning requirements, they shall be investigated and dealt with by urban management law enforcement departments according to law. Seriously affect the implementation of the plan, it should be removed according to law; For those that do not seriously affect the implementation of the plan, the building owner will carry out rectification and dismantle the illegal construction part. Rectification or rectification does not meet the requirements, the planning department and other departments will not accept it, and the planning, land and housing management departments will not handle the relevant construction procedures and property rights procedures.
Twenty-eighth indigenous village (neighborhood) people (households) to apply for new residential or apartment buildings in the village (neighborhood) community, refused to return to the base for farming, planning, land and resources departments shall not approve the construction, township (town) government, village (neighborhood) committee shall not handle the apartment building occupancy procedures. Offenders whose approval is invalid shall be investigated and dealt with by the land and resources department according to law.
Twenty-ninth state organs, people's organizations and state-owned enterprises and institutions in violation of the provisions of these measures, the construction of private houses in the county planning area, in addition to administrative punishment according to law, and by its competent units or supervisory organs ex officio given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 30 If, in violation of the provisions of the present measures, the administrative examination and approval authorities practise fraud, engage in malpractices for selfish ends, do not meet the requirements, use collective land to build houses, change the nature of land use, and enter the examination and approval procedures and divide households, the examination and approval shall be invalid, and the administrative responsibility of the organizer and the relevant responsible person shall be investigated according to discipline and regulations; Houses built by building households shall be handled by the relevant administrative departments according to law.
Article 31 County law enforcement departments, county urban and rural planning departments, county land and resources departments, and township (town) people's governments shall, according to their respective functions and duties, carry out supervision and inspection, perform their statutory duties, and those who practice fraud and bend the law, refuse to perform or delay the performance of their statutory duties, shall be investigated for the administrative responsibilities of the principal responsible persons and the persons directly responsible by the supervision departments in accordance with the regulations, and shall be given administrative sanctions.
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