Hangzhou old city reconstruction property

From June 7 to July 6, the Beijing Municipal Commission of Housing and Urban-Rural Development publicly solicited opinions on the Regulations on Urban Renewal in Beijing.

The "Regulations" mentioned that the protective repair of bungalows (courtyards) in the functional core area of the capital can be implemented by applying for rent withdrawal, changing rent and changing houses, improving supporting functions, improving living environment, strengthening historical and cultural protection, and restoring the basic pattern of traditional quadrangles. The space vacated by bungalows (courtyards) in the functional core area of the capital, on the basis of satisfying the reconstruction and application improvement of residents' hospitals, allows implementers to use the vacated space to develop industries such as rental housing, convenience services and cultural tourism services according to the detailed planning of the block.

The "Regulations" point out that the urban renewal in Beijing is characterized by "reduced development" rather than "large demolition and large construction". By summing up the practical experience of urban renewal in our city, five types of renewal and 12 items of renewal are summarized, which focus on the protection of people's livelihood and fully reflect the characteristics of the capital.

Specifically, it includes: First, the renewal of residential cities is mainly to ensure the safety of old bungalows, quadrangles, dangerous houses, old residential areas and other houses and improve the quality of living.

The second is to promote the upgrading and efficiency improvement of existing space resources such as old factories, inefficient industrial parks, old inefficient buildings and traditional commercial facilities.

The third is to update and transform old municipal infrastructure, public service facilities and public safety facilities to ensure safety and make up for shortcomings.

Fourthly, the urban renewal of public space mainly focuses on improving the environmental quality of green space, waterfront space and slow-moving system.

Fifth, make overall plans for the allocation of stock resources, optimize the functional layout, and realize the sustainable development of regional comprehensive urban renewal. In addition, there are other urban renewal activities determined by the Municipal People's Government.

According to the Beijing Municipal Commission of Housing and Urban-Rural Development, with the approval and implementation of Beijing's new master plan, Beijing's urban development has entered a new stage of reduction and dual control, focusing on stock renewal. Beijing's urban renewal pays more attention to improving the quality and efficiency of existing resources, making room for implementation to strengthen the functional construction of the "four centers" and meet people's needs of "seven haves" and "five natures". At the same time, there are many types and large quantities of urban renewal in Beijing. Under the requirements of reduction and dual control development, it is necessary to further clarify the objectives and principles of urban renewal through legislation, clarify the responsibilities, rights and obligations of relevant subjects, and establish stable institutional norms.

Allow conversion of existing building uses

In order to ensure the standardized and orderly development of the renewal project, according to the spirit of the relevant documents of the Ministry of Housing and Urban-Rural Development and the Ministry of Natural Resources, the regulations put forward the basic requirements of 1 1, including post-renovation, short-board advantages and disadvantages, existing building management, urban landscape control, green energy conservation and carbon reduction, overall planning of the ground and underground, urban safety and resilience, smart city construction, promotion of aging-adaptive renovation and barrier-free environment construction, and slow-moving system construction. At the same time, combined with the characteristics of the capital city, it is clear that we must adhere to the principle of small-scale, gradual and sustainable, promote the urban renewal of the functional core area of the capital as a whole, and promote the overall protection of the old city.

In order to improve the city's functions, fill in the shortcomings of the city and allow the conversion of existing building uses. After the conversion of building use is approved, the land use can be compatible or changed. The municipal planning and natural resources management department shall formulate specific rules to clarify the policy requirements and technical standards such as positive and negative lists of use conversion and compatible use, and proportional control.

Encourage all kinds of existing buildings to be transformed into public service facilities, urban and rural infrastructure and public safety facilities; Allow public * * * management and public * * * service buildings to convert each other; Allow commercial and service buildings to be used for mutual conversion; Allow industrial storage buildings to be used for other purposes on the premise of meeting the requirements of regulatory detailed planning and industrial land control.

If the conversion of building use meets the requirements of positive list and proportion control, the land use is allowed to be compatible and the land use management is not changed. If it exceeds the requirements of proportional control, the land use shall be changed and managed according to the converted main use. If the land use is changed, the allocation method and service life of the construction land use right shall be determined according to the main use, and the comprehensive land price shall be determined according to the compatible use and proportion. The main uses can be determined according to the proportion of building scale or functional importance of different building uses.

Housing and urban construction, market supervision, taxation, health, environmental protection, fire protection and other departments shall, in accordance with their duties, provide policy and technical support for building use conversion and land use compatibility, handle relevant procedures such as construction, use and operation, and strengthen industry management and safety supervision.

According to the law, the right to use construction land is allocated by means of lease, transfer, lease before transfer, and investment at a fixed price (shares). If the right to use construction land is allocated in a paid way, the land use formalities can be handled by agreement.

According to the needs of implementation planning, or involving land division and disposal, the government shall reallocate the right to use construction land through public bidding, auction and listing according to law. This Municipality encourages the allocation of the right to use construction land by lease. The right to use the leased construction land can be registered according to law, and the lease can be renewed after the lease expires. During the lease period, after the lessee pays the land rent in accordance with the regulations and completes the renovation, the right to use the leased construction land can be transferred to the right to use the construction land according to law if it meets the requirements.

The specific measures for leasing, giving priority to transferring, and making capital contribution (shares) for the right to use construction land shall be formulated separately by the Municipal People's Government.

Encourage the allocation of construction land use rights in flexible years.

Without changing the subject of land use, the urban renewal project conforms to the renewal plan and the industrial format supported by the state and the city, and the transitional policy of using land according to the original purpose and original right type will be implemented within five years.

During the transition period, planning permission and construction permission procedures can be handled according to new uses, and land prices will not be paid back, and real estate registration will not be handled; During the transition period or the expiration of the transfer period, if the local government evaluates that it conforms to the renewal plan and the direction of industrial development, and achieves the established use function and expected effect of the implementation plan, the land use formalities can be handled according to the new use agreement. The allocation method, land use period and land price evaluation standard of construction land use right are determined according to the approved implementation plan and planning permission procedures.

The start date of the transition period is the date when the building construction permit is issued; If it is not necessary to apply for a construction permit, the starting date shall be the date when the construction project planning permit is issued.

Encourage the allocation of construction land use rights in flexible years. Take the lease configuration, the land use period shall not exceed 20 years; If the allocation is made by lease first and then transfer, the sum of the lease term shall not exceed the legal maximum period for transferring land for this purpose. The right to use construction land can be renewed in advance, but the sum of the remaining years and the renewal period shall not exceed the statutory maximum period of land transfer.

Where the premium is overdue or overdue, the premium should be comprehensively determined by taking into account the land acquisition cost, free provision of public service facilities, municipal infrastructure, public space, provision of affordable rental housing and other factors.

If the land is used by lease, the land rent shall be paid annually or once, and the rent standard shall be determined according to the provisions of the preceding paragraph and the land price evaluation. If the land rent is paid annually, the annual rent shall be adjusted after regular assessment according to the market rent level, and the time interval shall not exceed 5 years.

The Regulations support the use of the vacated underground space for convenient commercial service outlets such as warehousing, convenience stores and housekeeping, as well as supporting service facilities such as cultural and sports centers, community activity centers, missionary bases, property offices and pension services, and use the vacated underground space to supplement and improve the service functions of the block.

Support social capital to carry out the reuse of updated houses

The "Regulations" clarify that,

If the urban renewal project really needs to move out of the original property owner, the implementer can take the form of property right exchange, providing rental housing or monetary compensation to implement property right collection.

In the process of urban renewal, if public housing is vacant, it can be replaced by housing. Housing replacement can take two ways: lease replacement and property right replacement.

Within the scope of urban renewal projects, if the proportion of public housing tenants who have signed the vacating agreement meets the requirements of the project implementation plan, the property right unit may, according to the stipulations of the public housing lease contract or legal provisions, terminate the lease agreement of the lessee who has not signed the vacating agreement and make proper arrangements.

In the process of urban renewal, it is necessary to vacate private houses, and the proportion of signing agreements for vacating property rights holders within the scope of urban renewal projects reaches more than 95%. The implementation subject and the property rights holders who have not signed agreements can apply to the District People's Government for mediation. If the mediation fails and the project involves public interests, the District People's Government shall make a decision on expropriation in accordance with the relevant provisions of the Regulations on Expropriation and Compensation of Houses on State-owned Land.

The implementation of housing expropriation, the implementation of urban renewal by the main body to the District People's government to apply for expropriation, and at the same time submit the approved project implementation plan, the source of funds for expropriation, resettlement housing implementation and other supporting documents.

The "Regulations" show that the protective repair of bungalows (courtyards) in the functional core area of the capital can be implemented by applying for rent withdrawal, rent change and house change, so as to improve supporting functions, improve the living environment, strengthen historical and cultural protection and restore the basic pattern of traditional quadrangles; Make rational use of vacated houses according to the detailed planning of the core area, and establish and improve the socialized management mechanism of bungalows. Areas outside the core area can be implemented with reference.

Support social capital to carry out the reuse of updated houses, and the implementation subject can obtain the right to operate houses after completing the application for rent withdrawal and restoration of public houses under direct control. Promote the pledge of the right to operate municipal public houses, and encourage financial institutions to provide loan support to the entities authorized by the district government.

The space vacated by bungalows (courtyards) in the functional core area of the capital, on the basis of satisfying the reconstruction and application improvement of residents' hospitals, allows implementers to use the vacated space to develop industries such as rental housing, convenience service and cultural tourism service according to the detailed planning of the block.

Implement the renovation of simple buildings and dilapidated buildings. Establish a fund-raising model of residents' payment, social fund-raising participation and government support, and support residents to withdraw housing provident fund or use provident fund loans to pay reconstruction costs. Reconstruction projects should strengthen the planning function and not increase the urban population. The above-ground and underground space can be used to supplement some urban functions, moderately improve the living conditions of residents, and appropriately increase the construction area as a * * * property right house or affordable rental house.

For dangerous buildings and simple buildings located in key areas and historical and cultural blocks, residents are encouraged to vacate and move out to improve their living conditions.