Notice of Shenzhen Municipal Planning and Land Resources Committee on Printing and Distributing the Measures for Determining the Scope of Old Houses and Villages in Urban Renewal Units for Demolition
All relevant units:
"Shenzhen demolition and reconstruction of urban renewal units old houses and villages range identification method" has been approved by the municipal government, is hereby issued, please follow.
shenzhen city planning and land resources committee
February 9, 2018
Measures of Shenzhen Municipality on Determining the Scope of Old Houses and Villages in Urban Renewal Units for Demolition and Reconstruction
the first In order to promote the urban renewal in our city and further standardize the identification standards and procedures of the old houses and villages, these measures are formulated in accordance with the Decision of Shenzhen Municipal People’s Government on Implementing the Reform of Urban Renewal (Order No.288 of Shenzhen Municipal People’s Government) and the Interim Measures on Strengthening and Improving the Implementation of Urban Renewal (No.38 [2016] of Shenfu Office).
the second The term "old house village" as mentioned in these Measures refers to Futian, Luohu, Nanshan and Yantian four districts before the implementation of the Interim Provisions on Rural Urbanization in Shenzhen Special Economic Zone, and Baoan, Longgang, Longhua, Pingshan, Guangming and Dapeng six districts (including new districts) before the implementation of the Interim Measures for Planning and Land Management in Baoan and Longgang District of Shenzhen (hereinafter referred to as the Provisions or the Measures).
Article Buildings (structures) and public service facilities that meet one of the following circumstances can be included in the scope of old houses and villages:
(1) Old (ancestral) houses that have been built before the implementation of the Regulations or the Measures (including cases where the wall foundation still exists due to collapse or abandonment due to disrepair and other reasons).
(2) The old (ancestral) houses that were built before the implementation of the Regulations or the Measures were rebuilt, added, rebuilt and expanded before June 2, 2009, which did not involve the expansion of the building basement, and the total construction area after reconstruction, addition, reconstruction and expansion did not exceed 480 square meters.
(3) Public services such as education (kindergartens, nurseries, village primary schools, etc.), medical and health care (health centers, public toilets, etc.), transportation (village roads, streets, hutongs, etc.), folk activities (auditorium, ancestral temple, etc.), administration and community services (village committees, farmers’ markets, etc.) that have been built before the implementation of the Regulations or Measures.
(4) The total amount of public spaces and other scattered land that have been built before the implementation of the Regulations or Measures shall not exceed 10% of the total land area of the old house village and the total area shall not be greater than 3,000 square meters.
(5) Private houses that have been built before the implementation of the Regulations or the Measures, and have been handled with real estate licenses in accordance with the provisions of the Shenzhen Special Economic Zone on Handling Illegal Private Houses Left over from History.
Article 4 Buildings (structures) and public service facilities under any of the following circumstances shall not be included in the scope of old houses and villages:
(1) Factory buildings and other production and business premises.
(2) The old (ancestral) houses built before the implementation of the Regulations or the Measures, which have been rebuilt, added, rebuilt or expanded after the implementation, have a building area of more than 480 square meters, and have been rebuilt, added, rebuilt or expanded after June 2, 2009.
(three) the public service facilities that have been built before the implementation of the Regulations or Measures are no longer used for public service functions, and are rebuilt, added, rebuilt or expanded after June 2, 2009.
(four) after the implementation of the "Regulations" or "Measures", the newly built private houses and various public service facilities on the open space.
(5) Except for the circumstances specified in Item 5 of Article 3 of these Measures, the state-owned land and its overground buildings (structures) that have been sold and incorporated into the state-owned land reserve, and the state-owned land whose land and overground buildings (structures) have been transferred and compensated in Luohu, Futian, Nanshan and Yantian districts, and the six districts of Baoan, Longgang, Longhua, Pingshan, Guangming and Dapeng (including new districts) have been completed.
Article 5 The boundary of the old village can be determined in accordance with the following principles, combined with the actual construction, topography and other conditions:
(a) the old (ancestral) houses, public service facilities and other buildings (structures) can determine the boundaries of walls, courtyards, ground baselines, cadastral survey boundary lines, and the median distance from surrounding buildings.
(two) public space can be defined by roads, rivers, slopes, ditches, fences, buildings and other sideline lines.
Article 6 The identification of the scope of the old house village shall be carried out in accordance with the following procedures:
(a) before the declaration of the urban renewal unit plan, the former rural collective economic organization’s successor unit put forward an application for preliminary verification of the scope of the old houses and villages to the urban renewal institution in the district where it is located, and the urban renewal institution in the district issued preliminary verification opinions; After being included in the urban renewal unit plan, the original rural collective economic organization’s successor unit or its entrusted plan declaration entity (hereinafter referred to as the applicant) shall apply to the urban renewal institution in the district where it is located for the identification of the old house village scope. The applicant shall submit the following materials when submitting an application for preliminary verification and identification of the scope of old houses and villages to the urban renewal institution in the district where it is located:
1. A written application from the successor unit (joint-stock cooperative company) of the former rural collective economic organization. The application should explain the old house village’s area, completion time, usage, resident population, property registration of relevant private houses, and whether there are private houses built after the implementation of the Regulations or Measures.
2 according to the provisions of the production of the old house village scope submitted to the plan. The submitted map should be made on the actual topographic map, and the location, scope, area and coordinates of the old house village should be marked with relevant electronic documents.
The "Regulations" or "Measures" have been built before the implementation, and the old (ancestral) houses that have been rebuilt, added, rebuilt and expanded after the implementation are to be included in the scope of the old houses and villages, and a report on the current situation of the buildings should be provided. Surveying and mapping report on the current situation of buildings is provided by units with surveying and mapping qualifications.
The specific scope of old houses and villages should be put forward on the basis of surveying and mapping results provided by units with surveying and mapping qualifications entrusted by the municipal planning and land department before the implementation of the Regulations or Measures. Before the implementation of the "Regulations" or "Measures", there are no such surveying and mapping achievements, and the scope can be proposed with reference to the earliest surveying and mapping achievements after the implementation of the "Regulations" or "Measures". Among them, in accordance with the "Provisions of Shenzhen Special Economic Zone on Handling Illegal Private Houses Left over from History" and other regulations, the private houses that have handled the real estate license must be included in the scope of old houses and villages. If the completion date has been indicated on the real estate license, the real estate license shall prevail. If the completion date is not indicated on the real estate license, the surveying and mapping results shall prevail.
3. The written opinions of the street office on the scope of old houses and villages for drawing approval.
4 other materials required by the district urban renewal agency.
(II) The urban renewal agency of the district shall verify whether the planning (including purple line planning), land requisition and transfer, approval of construction land issuance, transfer of land use right and registration of property rights and related surveying and mapping results meet the requirements within the scope of the old house village, preliminarily identify the scope of the old house village, solicit written opinions from the cultural relics protection department of the district and organize publicity after processing. Publicity should be eye-catching, including but not limited to the site of the old house village, the street office where the old house village is located, and the website of the district renewal agency. The publicity time is not less than 7 days.
(three) the district urban renewal institutions shall deal with the opinions collected during the publicity period, identify the scope of the old houses and issue the scope map of the old houses.
Article 7 The scope map of the old house village shall be made on the actual topographic map and marked with the following contents: name (scope map of the old house village), number, scope area of the old house village, scope coordinates, date of issuance, issuing authority, etc.
There are immovable cultural relics, municipal roads above the planned urban branch road (including the urban branch road), public service supporting facilities above the district level and basic ecological control lines within the old house village, which shall be marked.
The scope map of the old house village should also explain its use and effectiveness: "This scope map is only used to identify the scope of the old house village in the urban renewal unit of demolition and reconstruction. If the scope of the old house village is not updated, this scope map will not be used as the basis for identifying the ownership of land and buildings and will not affect the implementation of urban planning."
Article 8 The provider of the old village scope identification materials shall ensure the authenticity of the relevant materials, and shall bear legal responsibility for the consequences caused by providing false materials according to law.
Relevant competent departments and their staff in the old house village scope identification work in violation of laws and regulations, shall be given administrative sanctions or accountability; Suspected of a crime, transferred to judicial organs for handling according to law.
Article 9 These Measures shall come into force as of the date of promulgation, and shall be valid for 5 years. The Measures for Determining the Scope of Old Houses in Urban Renewal Units in Baoan District, Longgang District, Guangming New District and Pingshan New District of Shenzhen (for Trial Implementation) (Shen Gui Tu [2010] No.439) shall be abolished at the same time.