Documents related to the renovation of old buildings

On the implementation of the opinions of the provincial government on promoting the transformation of "three old" and promoting the economical and intensive use of land.

DocumentNo. [2009]26 1 of Foshan Municipal People's Government Office

The people's governments of all districts, relevant departments of the municipal government and institutions directly under them:

In order to thoroughly implement the Opinions of the Provincial Government on Promoting the "Three Old" Transformation and Promoting the Conservation of Intensive Land Use (No.78 [2009] of Guangdong Province, hereinafter referred to as "Several Opinions"), ensure the orderly progress of the "Three Old" transformation in our city, and achieve the goal of strictly protecting cultivated land and saving intensive land use, with the consent of the municipal government, and in combination with the actual situation of our city, we hereby put forward the following implementation opinions:

First, further improve the understanding of the importance and urgency of the "three old" transformation work.

Promoting the transformation of "three old" is an inevitable choice for our city to achieve sustainable economic and social development. Since the reform and opening up, the city has exchanged three times the growth rate of construction land for 30 times the economic growth, and land resources have played a key supporting role in the rapid economic and social development. However, at present, the intensity of land resources development in our city has reached 33%, so it is impossible to continue to exchange the old road of land scale expansion for economic development. At the same time, inefficient and extensive land use is widespread in our city. Through the "three old" transformation, activating land reuse and further improving the level of intensive land use will surely become the secondary driving force of our city's economic development, which is of great practical significance for accelerating the development goal of "modern manufacturing base, industrial service center, Lingnan cultural city, beautiful and rich home" and realizing sustainable economic and social development. The provincial party committee and government attached great importance to vigorously promoting the "Three Old" transformation work and issued "Several Opinions", which pointed out the direction for the city to promote the "Three Old" transformation work. Our city is a pilot city of "three old" transformation in Guangdong Province, and the main leaders of the Ministry of Land and Resources also require our city to unswervingly go on and try first. Therefore, Party committees and governments at all levels in our city should actively organize propaganda and launch, hold mobilization meetings and experience exchange meetings at all levels, study and implement the spirit of Several Opinions, further strengthen leadership, strengthen responsibilities, implement objectives and tasks on the basis of the original work, and go all out to promote the in-depth development of the "three old" transformation work.

Second, the overall requirements and basic principles

(1) General requirements

Under the guidance of Scientific Outlook on Development, in accordance with the requirements of the overall plan for economic and social development, and around the need to enhance the carrying capacity and comprehensive competitiveness of economic and social development, we will effectively change the concept of development and land use. Efforts should be made to revitalize the existing construction land, further tap the potential and save intensive land. Follow the principle of "all-round exploration, closed operation and controllable results", and actively and steadily promote the transformation of "three old" without breaking through the total amount of cultivated land, the area of basic farmland and the total scale of construction land determined in the overall land use planning. Combine the "three old" transformation with rural land consolidation, make overall planning, and comprehensively promote comprehensive land consolidation. With the transformation of the "three old" as the carrier, we will realize the "secondary development" of construction land, coordinate urban and rural development, optimize the living environment, improve the appearance of urban and rural areas, improve urban functions, enhance the image of the city, and strive to build a new Foshan with developed production, affluent life, good ecology, prosperous culture, social harmony and happy people.

(2) Basic principles

1, government guidance, market operation. The government unified organization, formulated special policies, fully mobilized the enthusiasm of the government, collectives, original land use rights holders and related rights holders, attracted extensive participation from all walks of life, achieved win-win results for all parties, and ensured the preservation and appreciation of state-owned and collective assets. The government should correctly guide and strengthen supervision to ensure the promotion of transformation and standardization.

2. Clarify property rights and protect rights and interests. Investigate and find out the current situation of "three old" and do a good job in land registration of "three old". Houses and land belonging to the "three old" transformation shall not be transformed without confirmation and registration. Correctly handle the economic and legal relations in the process of "three old" transformation, effectively protect the legitimate rights and interests of land owners and maintain social stability.

3, overall planning, orderly progress. Coordinate economic and social development and resource and environmental protection, scientifically formulate the "three old" transformation plan based on national land planning, main functional area planning, overall land use planning and urban and rural planning, and strengthen the overall regulation role of the plan. Strictly define the scope of the "three old" transformation, and for those included in the scope of transformation, it is necessary to prepare a detailed planning and transformation plan for control and promote it in an orderly manner. It is strictly forbidden to expand the scope of application of the "three old" transformation policy without authorization.

4, save intensive, improve efficiency. Strengthen the market allocation of land and promote the efficient use of land through market operation and open and standardized ways. Strictly implement land use standards and improve land use intensity. Innovate mechanisms and methods, strengthen the "trinity" management of land resources, assets and capital, and maximize the benefits of land use.

5. Respect history, be objective and fair. It is necessary to do a good job in linking up with national laws and policies to prevent new illegal land use, but also to take into account the continuity of local development history and land management policies and properly solve problems left over from history. It is necessary to scientifically and reasonably formulate transformation plans and supporting policies, and link transformation and utilization with improving procedures to achieve openness, fairness and justice.

Three, reasonably determine the scope of the "three old" transformation

(A) a reasonable determination of the scope of the "three old" transformation

Focusing on the strategic objectives of industrial structure adjustment, transformation and upgrading, urban image improvement and function improvement, urban and rural environment improvement and new socialist countryside construction, under the premise of being conducive to farmland protection, further saving and intensive land use, and further improving output and efficiency, the following land in our city is included in the scope of "three old" transformation:

1, according to the needs of urban planning and construction, the land for urban village reconstruction;

2, because of the needs of urban infrastructure and public facilities construction or the implementation of urban planning requirements, land for the transformation of old towns;

3. Industrial land with scattered layout, low land use efficiency and non-compliance with safety production and environmental protection requirements;

4, industrial "retreat two into three" industrial land;

5, according to the requirements of industrial adjustment, urban planning, fire protection, environmental protection, etc., to transform the old collective property rights land;

6, "National Industrial Catalogue" to prohibit and eliminate industries to encourage industries or modern industries with modern service industry and advanced manufacturing as the core of the original land;

7. Villages with scattered layout, no reserved value and imperfect public service facilities;

8. Factories (workshops) that are no longer used for industrial purposes due to the adjustment of urban and rural planning to commercial service land or other uses;

9, the Ministry of land and resources "ten thousand village land renovation" demonstration project to determine the demonstration village or included in the "village renovation" project of the village;

10, the reclamation area of rural construction land in the pilot project of linking the increase and decrease of urban and rural construction land;

1 1, other land within the scope of "three old" transformation as determined by the people's governments at or above the district level.

(two) the identification of the "three old" transformation project should meet the following conditions at the same time

1. The land for the proposed renovation project meets the requirements of the overall land use planning and annual implementation plan of our city, the special planning for the "Three Old" renovation, urban planning, industrial development planning and environmental protection;

2, the proposed renovation project belongs to the "three old" renovation or belongs to the scope of "energy saving and emission reduction" recognized by the municipal or district people's government;

3. The land for the proposed renovation project is shown on the existing land use map or satellite image map (or aerial photograph or orthophoto map) as the construction land for the existing superstructure.

Four, the scientific preparation of the "three old" transformation plan and the annual implementation plan.

(a) to carry out the city's "three old" land survey, each case of "three old" land in the land use status map and the overall land use planning map marked out, and made a table, the establishment of a database.

(two) according to the overall requirements and principles of the "three old" transformation work, the Municipal People's Government is responsible for organizing the preparation of the "Foshan" three old "transformation special plan". The people's governments of all districts shall, according to the Special Plan for the Transformation of the Three Old Areas in Foshan City, carefully organize the preparation of detailed plans and transformation plans for the transformation areas of the Three Old Areas, and guide the development of the work of the Three Old Areas. In the future, if it is really necessary to adjust or modify the special plan for the transformation of the "three old" according to the actual situation, it will be implemented with the consent of the District People's Government and the approval of the Municipal People's Government.

(three) the District People's government according to the "three old" transformation of the special plan for the preparation of the "three old" transformation of the annual implementation plan. The annual plan for the transformation of the "three old" in each district is reported to the "three old" office of the city for the record.

(four) the "three old" transformation does not involve the improvement of land acquisition procedures and the conversion of collective construction land into state-owned land, and the "three old" transformation plan is approved by the district people's government; The "three old" transformation involves the improvement of land acquisition procedures and the conversion of collective construction land into state-owned land, as well as the increase or decrease of urban and rural construction land. The "three old" transformation plan is compiled by the district people's government and submitted to the examination and approval step by step. The process is as follows:

1, according to the "three old" transformation special plan, each district shall formulate the specific implementation plan of "three old" transformation according to the project or sub-district, and report it to the Municipal People's Government for review;

2, the Municipal People's government will be the district's "three old" transformation plan alone or summary submitted to the provincial people's government for approval;

3. After the approval of the renovation plan, all districts shall go through the land supply procedures according to the approved plan classification, and the relevant land supply plan shall be reported to the Municipal Bureau of Land and Resources for the record.

Five, according to local conditions, using a variety of business methods to carry out the "three old" transformation.

(1) If the government needs to adjust the land use due to the construction of urban infrastructure and public facilities or the implementation of urban planning for the transformation of old cities, it shall recover and purchase the land use right according to law and incorporate it into the government land reserve. The specific procedures and prices included in the land reserve shall be determined in accordance with the relevant documents of the city and district.

(two) within the scope of the transformation of old towns, in line with the overall land use planning, urban and rural planning and the "three old" transformation planning, to encourage the original land use right holders to carry out their own transformation. However, the original land use right holder must have all the land ownership within the scope of transformation before applying. The self-improvement plan shall be submitted to the District People's Government for approval after being examined and approved by the District "Three Old" Office. Allocation of land use right, change of land use (including business use) and extension of land use life can be exempted from land acquisition, reserve and public transaction, and land transfer fees can be paid according to the existing regulations. Planning, land, construction and other departments shall handle the relevant formalities according to the approval of the district government.

(3) Within the scope of the transformation of the old city, under the premise of conforming to the overall land use planning, urban and rural planning and the "three old" transformation planning, the right holders of each block can jointly transform themselves with the established project company; Or, after the market main body negotiates with other land rights holders to sign a land transfer contract, and on the premise of implementing relevant compensation and resettlement measures, it purchases a number of plots and above-ground buildings within the scope of transformation by itself, and applies for centralized transformation after obtaining the demolition permit of the purchased plots. The relevant regulations and procedures for transformation are consistent with those of the original land use right holders. The land and resources department at or above the municipal level with districts shall, according to the application of the purchaser, return the scattered land to the ancestral domain and handle the land change registration formalities for the purchaser. If many plots within the scope of acquisition and transformation involve inconsistent transfer years, the transfer years shall be unified and the land price shall be paid in accordance with the regulations.

(IV) If the old factory buildings belonging to the "three old" transformation and "energy saving and emission reduction" projects are changed to business purposes under the premise of meeting the planning, the original land-using units may apply to the district "three old" office for self-transformation, and the relevant provisions and procedures for transformation shall be handled with reference to the provisions of the above-mentioned original land use right holders for self-transformation.

(five) the "three old" transformation involves the recovery or acquisition of land, and monetary compensation is implemented in principle. If it is really necessary to replace the land use right by replacement, it shall be implemented after being audited by the district land and resources department and reported to the district people's government for approval.

(VI) The transformation of old villages within the scale of urban construction land determined by the overall land use planning, and the rural collective economic organizations apply to turn the collective construction land into state-owned land, and after the villagers' (representatives') congress vote, they apply to the district land and resources department and report to the provincial people's government for approval step by step according to the procedures. The district people's governments shall organize the implementation according to the "three old" transformation plan. Among them, those determined to be used by rural collective economic organizations shall be handed over to rural collective economic organizations for self-transformation or cooperation with relevant units for development and construction on the premise that the old ones must be demolished when building new ones.

(VII) The transformation of old villages beyond the scale of urban construction land determined in the overall land use planning can be organized and implemented by rural collective economic organizations or land-using units in accordance with the planning, provided that it conforms to the overall land use planning and urban and rural planning, except those that should be levied by the municipal and district people's governments according to law, and can be handled with reference to the relevant policies for the transformation of old towns.

(eight) the transformation of old villages involves the demolition of old ones and the construction of new ones, which can really realize the demolition and reconstruction. According to the relevant provisions of the Ministry of Land and Resources, it can be included in the pilot project of linking the increase and decrease of urban and rural construction land, involving new construction land and occupation of agricultural land (cultivated land), and the municipal land management department will arrange special turnover indicators. The specific use and management of turnover indicators shall be handled in accordance with the provisions of the state and the province.

(nine) the rural collective construction land involved in the "three old" transformation is used for real estate development, and must be converted into state-owned land, and the land transfer fee shall be paid according to the regulations; When transferring real estate land (including joint construction and joint construction), it must be publicly traded in the land trading center according to regulations.

(10) When a rural collective develops its own collective construction land and state-owned construction land at its own expense, or when the collective construction land and state-owned construction land under its name are transferred to the name of a project company wholly owned by a rural collective, it may be exempted from public trading upon the consent of the villagers' (representatives) general assembly, discussion and approval by the relevant member units led by the district "three old" office and approval by the district people's government.

(eleven) the "three old" transformation project that has been approved for self-transformation shall not be transferred (including the change of shareholders) before the project is completed and accepted. If it is really impossible to complete, the government will recover the right to use the construction land according to the benchmark land price of the land use before the transformation.

Six, on the classification and improvement of all kinds of historical land use procedures involved in the "three old" transformation.

(a) the construction land that has been used without legal use.

1, the land use behavior occurred before 1987 1, and the ownership was confirmed according to the Provisions on Determining Land Ownership and Use Right issued by the former State Bureau of Land Management. After the announcement, the registration and certification procedures for the ownership of construction land were directly handled.

2. The land use behavior occurred between 0987+65438+65438 in1October and 65438+65438 in 0998+3 1 February. When using the land, a land acquisition agreement was signed with rural collective economic organizations or farmers, and there was no dispute caused by land acquisition compensation and resettlement. If the land-expropriated farmers have no different opinions so far, 65438 shall prevail.

3. The land use behavior occurred from 1999 65438+ 10/to June 30, 2007. According to the relevant provisions of the Land and Land Management Law of People's Republic of China (PRC) revised by 1998 and 2004, the land requisition procedure was improved according to the land conditions after the punishment was implemented.

4, improve the punishment standard of all kinds of land use procedures.

All kinds of historical land involved in the "three old" transformation, where the land use behavior occurred after 1987 1 and before June 30, 2007, will be punished according to the following standards when perfecting the land use procedures:

(1) The land area of Chancheng, Nanhai and Shunde shall not be less than 5 yuan/m2;

(2) The land area of Sanshui and Gaoming District shall not be less than 3 yuan/m2.

(B) Rural collective construction land into state-owned construction land

If the original rural collective applies to convert the construction land owned by the rural collective with legal land use procedures into state-owned construction land, the expropriation procedures shall be handled on the premise that the rural collective applies for voluntary conversion into state-owned land and is voted by the villagers' congress.

(3) All kinds of procedures for improving the historical land involved in the "three old" transformation should be completed on 20 12. The above measures do not apply to illegal land use that has been completed after June 30, 2007.

Seven, about the corner, mezzanine, flower planting and other issues involved in the "three old" transformation.

The marginal land, sandwich land, flower planting land and learning car land involved in the transformation of old villages can be included in the transformation of "three old".

At present, the marginal land, sandwich land and flower planting land of construction land are taken as the standard, and those below 3 mu are handled by the district people's government: those directly confirmed within the original examination and approval scope belong to the collective nature, which are audited by the district land and resources department and reported to the district government for approval, and used by rural collective organizations; Land that does not belong to the original approval scope but cannot be proved as collective land is recognized as state-owned construction land, which can be directly approved by the district land and resources department and reported to the district government for use, or reopened for trading or agreement transfer after recovery. If the single block area is more than 3 mu or the cumulative area of multiple blocks is more than 10% of the total renovation area, the relevant land use procedures shall be handled in accordance with the regulations.

The present situation is the marginal land, sandwich land and flower planting land of agricultural land. With the single block area 1 mu as the standard, marginal land, sandwich land, flower planting land and multiple blocks with the cumulative area less than or equal to the total renovation area 1 0% below 1 mu shall be handled by the District People's Government and reported to the Municipal People's Government for the record. A number of marginal land, sandwich land and flower planting land with an area greater than 1 mu and a cumulative area greater than 10% of the total renovation area are converted into agricultural land, and the examination and approval procedures for land use improvement and conversion into state-owned land can be handled in accordance with the regulations, which can be submitted for approval together in the "three old" renovation plan.

Eight, about the "three old" transformation involves land replacement.

In order to meet the needs of the "three old" transformation, it is allowed to adjust and utilize the original stock of construction land through land position exchange on the premise of conforming to the overall land use planning and regulatory detailed planning. Land replacement within the scope of "Three Old" transformation or between plots inside and outside the scope of "Three Old" transformation includes land replacement between collective construction land and collective construction land, between collective construction land and state-owned construction land, and between state-owned construction land and state-owned construction land. Land replacement procedures shall be handled by the land and resources departments at or above the district level for 7 working days.

Nine, on the "three old" transformation involved in the land leasing preferential policies and financial support policies.

(a) the collective construction land or state-owned construction land (reserved land) used by rural collectives can be developed and utilized by rural collectives according to the purpose of urban planning, and the land can be provided by means of allocation, provided that it conforms to urban planning and the land ownership does not transfer. If the use of collective construction land is changed according to law and the land use right has not been transferred, as long as the land users are consistent with the land owners, they also enjoy the preferential policies stipulated in this article.

(2) If rural collectives develop state-owned reserved land or collectively turn it into state-owned land by themselves or through investment and cooperative development, the transfer part shall go through the land transfer procedures and pay the land transfer fee according to the regulations. After all the land transfer fees collected by the government in accordance with the regulations are turned over to the government, the balance shall not exceed 60% at most after deducting special funds such as agricultural land development fund and circulation business expenses. According to the relevant provisions of the Measures for the Administration of State-owned Land Use Right Transfer Revenue and Expenditure (Caizong [2006] No.68), it is collected by the finance and earmarked for subsidies to protect the original living standards of landless farmers, social security expenditures of landless rural residents and rural infrastructure construction expenditures.

(3) If the municipal and district people's governments conduct business development through expropriation of rural collective construction land and transformation of old villages, the net income from land transfer can be returned to the original rural collective economic organization at a maximum of 60%.

(four) to encourage and support the relocation of enterprises with poor efficiency, high energy consumption and great pollution in the "2+5" group city planning. The land used by the relocated enterprises shall be recovered by the local government according to law, and if it is sold by means of bidding, auction and listing, after deducting the land compensation fee, the net income from land transfer can be arranged to support the development of enterprises, which shall be formulated by the people's governments of all districts in light of the actual situation.

(5) For the urban (town) public infrastructure construction involved in the "three old" transformation, the corresponding project funds should be arranged from the land transfer fee to support the transformation.

(6) encourage all localities to explore the use of social funds to carry out the "three old" transformation. The "three old" renovation project organized and implemented by the government can be introduced into enterprises to undertake the demolition work through bidding in the demolition stage, and the demolition expenses and reasonable profits can be paid from the land transfer income as compensation expenses for land acquisition (demolition); On the premise of determining the development and construction, the government can also determine the land use right holder through public transactions with the land to be demolished.

(seven) industrial land in line with urban and rural planning, after the transformation, under the premise of not changing the use, improve the land utilization rate and increase the floor area ratio, no longer increase the land price.

(eight) public * * * construction area, which belongs to the government property right, does not participate in the calculation of floor area ratio, and does not charge land transfer fees.

(9) Under the premise of conforming to the urban and rural planning and the special plan for the transformation of the "Three Old", with the approval of the people's government of the district where the "Three Old" newspaper is located, the establishment of regional headquarters, R&D center, scientific research institutions, product design, animation production and other industries in the original factory building by the enterprise shall not be regarded as a change of land use.

Ten, strengthen the inspection and supervision of the "three old" transformation.

The Municipal Supervision Bureau shall supervise and inspect the work of the "Three Old" transformation office, relevant functional departments of the city and district governments; The District Supervision Bureau shall supervise and inspect the performance of the transformation office and relevant functional departments within its jurisdiction. All districts should incorporate the examination and approval of the "three old" transformation projects into the electronic procuratorial system for management, and make key marks so that the supervisory organs can supervise. The relevant functional departments of the city should carefully control the implementation opinions to supervise the transformation of the "three old" in each district, and find that the behavior that violates the provisions of the transformation of the "three old" should be corrected in time. Where fraud, will not meet the "three old" transformation scope of land into the scope of transformation without authorization or not according to the "three old" transformation approval procedures for approval, by the municipal and district supervisory organs in accordance with the relevant provisions severely punished.

XI。 others

(1) Each district may formulate specific implementation measures according to the spirit of this opinion and its own reality.

(two) before the release of this opinion, the municipal government, relevant government departments and districts have issued a series of "three old" documents, which are not inconsistent with this opinion, and other preferential policies are still applicable.

(three) before the release of this opinion, the district people's governments have reviewed and confirmed the "three old" transformation projects and programs according to the principle of first try, and there is no need for further approval.

Attachment: 1. "Three Old" Transformation Scheme Declaration Form

2. Surface for the "Three Old" Reconstruction Project

3. The application and approval process of the "Three Old" transformation project

4 materials to be submitted for the approval of the "three old" transformation plan

5. Classify and improve the materials to be submitted for all kinds of historical land use procedures involved in the "three old" transformation.

6 materials to be submitted for approval of land replacement