The Standing Committee Of The Shenzhen People's Congress On Treatment Of Illegal Buildings Left Over By History Of The Rural Urbanization Decided To Pilot The Implementation Of Measures

Original Language Title: 《深圳市人民代表大会常务委员会关于农村城市化历史遗留违法建筑的处理决定》试点实施办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399458.shtml

The Standing Committee of the Shenzhen People's Congress on treatment of illegal buildings left over by history of the rural urbanization decided to pilot the implementation of measures

    (Executive meeting on December 30, 2013, Shenzhen Municipal People's Government of the people's Government of Shenzhen City announced order No. 261, come into effect on April 1, 2014) Chapter I General provisions article in accordance with the Standing Committee of the Shenzhen People's Congress decision on the historical treatment of illegal construction of rural urbanization (hereinafter the decision), in conjunction with the overall programme of the land management system reform in Shenzhen, these measures are formulated.

Second pilot of these measures apply to the Municipal Government to determine historical treatment of illegal construction of rural urbanization in the region.

    On the urbanization of rural residential class of non-indigenous villagers ' historical illegal construction, for real estate purposes of unauthorised homes for the construction of illegal buildings (including completed, it has actually been split transfer case), we do not confirm.

    Article experimental work of historical treatment of illegal construction of rural urbanization should be guided by the decision of the article "comprehensive diagnostic, differences, respect for history, facts and to identify the subject, combining punishment with leniency, law, and gradually resolve" the basic principles.

Fourth, resolutely building and leading group for rural urbanization problems left over by history is responsible for the experimental work of urbanization of illegal buildings left over by history and Manpower, coordination and guidance for strengthening accountability mechanisms, and send illegal buildings left over by history to the pilot regional processing Office.

    Pilot regional District Government (including district authorities, the same below) established to deal with illegal construction and urbanization issues left over from history the leadership team responsible for organization and coordination work, set up under the Office (hereinafter referred to as check against ban) carry out specific work and issuance of the instrument.

    Fifth of municipal planning and land administration departments (hereinafter referred to as land planning department) is responsible for the planning of illegal buildings left over by history review, approved illegal buildings left over by history of the area, land use, construction area, using indicators such as function and duration, nature of ownership and pay the amount of premium.

    Sixth construction Administrative Department is responsible for monitoring illegal building security appraisal work left over by history, and organizations to develop safety identification of illegal buildings left over by history and the relevant rules of procedure, open way, such as through public bidding to establish historical list of illegal buildings housing security and authentication institution.

    Seventh public security Fire Department is responsible for organizing the development of historical remnants of the illegal building fire technical specification, standard specification for evaluation of fire safety and fire supervision management approach, go through the historical remnants of the illegal building fire control acceptance or filing procedures and implementation of fire control and strengthen fire supervision and management of technical services.

Eighth market supervision, public security, rental housing, environmental protection, culture, health, industry, water supply, overseas Chinese Affairs, Home Affairs, justice and other related departments and units according to their respective duties to participate in historical treatment of illegal construction work.

Prohibited by the decision, and these measures are required to file, temporary use for the record a legacy of illegal buildings into the rental market, rental management departments shall not for the lease registration or filing procedures.  

    Water, electricity, gas supply unit should be strengthened on water, electricity, gas supply management, found that illegal turn turn turn water supply, power supply, gas supply, shall immediately report to authorities dealing with water, electricity, gas.

    Chapter II definitions

Nineth illegal construction according to the actual use of left over by history is divided into:

(A) residential illegal buildings left over from history;

(B) the production and operation of illegal buildings left over by history, including industrial, storage of such illegal buildings left over from history;

(C) illegal buildings left over by history in business, Office, is actually used for commercial wholesale and retail, commercial office, services (catering, entertainment), hotel, commercial for-profit purposes such as culture, education and health buildings and facilities;

(D) public facilities such illegal buildings left over by history, refers to the actual health, for the non-commercial cultural and educational body administrative office and community service nonprofit use of buildings and facilities;

(E) illegal buildings left over by history, with multiple uses;

    (F) for any other purpose illegal buildings left over by history.

Article tenth of the decision of the Nineth, paragraph (a) States "there is a serious security risk", including the following:

(A) is located in landslide, landslide, debris flow, ground subsidence and ground fissures, ground subsidence associated with geological disasters, such as the danger zone;

(B) the housing safety do not meet the structural safety and seismic fortification standard and standard;

(C) the public gathering places are not complying with the safety requirements and other major unable to fix fire safety hazards;

    (D) if there are other serious safety hazard.

The 11th article of the decision paragraph Nineth part (b), (e) provision of "serious impact on urban planning", apart from the the decision was clear, and include the following:

(A) roads Red;

(B) in the main streets of urban landscape;

(C) affect the construction of key projects or the overall layout of the city;

(D) destroying or weakening the protection of cultural relics and scenic;

(E) occupancy planning of municipal infrastructure;

    (Vi) other circumstances as stipulated by laws and regulations.

12th historical illegal construction manager, is a legacy of history illegal construction parties entrusted with the management of illegal buildings left over by history.

The rural collective economic organization and its successor units, commissioned by the District Government or District Government sub-district offices (including District Office, hereinafter the same) identified.

    The villagers, "one household, one" principle "one household", in accordance with the interim measures of Shenzhen indigenous villagers in non-residential construction (deep house (2006), 105th) fourth stipulation determination. Implementation measures for the 13th article of the original villagers built homes regulations of such illegal buildings left over by history, apply only to indigenous villagers in their country of origin where the former residence within the rural collective economic organization such illegal buildings left over by history, or in the District Government, neighborhood offices in its original rural collective economic organizations outside the scope of land for homes built by illegal buildings left over by history.

The villagers built homes built before beyond the scope of the illegal buildings left over by history, and apply these measures are associated with the provision of non-indigenous villagers.

    History legacy illegal building declared human origin in this city of overseas and the Hong Kong, and o, and Taiwan compatriots, or original meet this implementation approach 12th article third paragraph provides, for studies, and employment, and marriage, and military service, reasons household has moved domestic other place of, on in its origin where original rural collective organization range within by built of history legacy illegal building for processing Shi, still applies original villagers related processing provides.

    Chapter Advisor

14th Street Office is responsible for the first instance of illegal buildings left over by history, including construction time party identification, verification, original file authenticity verification, property surveys and reports of bound, use status of a building for verification.

    During the preliminary work before the subdistrict office, relevant departments and branches of jurisdiction shall cooperate, assist and support.

15th Street Office verification of illegal buildings left over by history building, rebuilding, expansion time, can combine topographic maps, aerial, satellite information, housing code information, illegal buildings left over by history community station and original rural collective economic organizations, following the unit proved integral. Aerial photography data, satellite data, and should be based on aerial photography data, construction of satellite data as the main basis for verification.

    Apart from the outside should be kept confidential, as a construction time of verification based on aerial information, satellite data publication should be illegal buildings left over by history community to illegal buildings left over by history have been processed. 16th when the property investigation of illegal buildings left over by history, the applicant should declare to the subdistrict office provides people with the original issued by the rural collective economic organization following the joint undertaking commitments agreed with the land acquisition or transfer and transfer of compensation and no longer need the Government to pay levy and the economic interests associated with illegal buildings left over by history have been acting on their own, and bear legal liability.

Original rural collective economic organizations following the unit's commitment and economic interests related to the processing, collective asset disposition, shall, in accordance with the decision-making procedures of the relevant provisions and the joint stock cooperative articles of Association, by the general meeting of shareholders or shareholders of joint-stock company Congress vote on confirmation.

Many people filing jointly, each joint applicant shall also provide economic interests associated with illegal buildings left over by history has its own clear and bear the corresponding legal responsibility of an undertaking.

    Land and housing management authority documents by the parties, should be checked against the original copies of the undertaking with the provisions of this article be turned over to the subdistrict office.

17th article by preliminary validation ownership Hou, subdistrict offices should organization measurement institutions, and history legacy illegal building belongs original rural collective organization following by units, and declared people and the adjacent owners to site common refers to territories, site measurement, fill in points cases set territories and the ownership survey table (marked schematic, and land area, and boundary coordinates, and line side long), by declared people, and adjacent owners signed recognized and the original rural collective organization following by units sealed confirmed.

Measuring mechanism consists of a check against Office or sub-district offices through public tenders or draw public delegate, illegal buildings left over by history measurement costs to be borne by the parties.

    Adjacent property owners cannot be notified, the notification fails to attend or participate in refusing to sign it, streets in the publicity of the measures for the implementation of article 18th special note to related situations, adjacent property owners did not object does not affect subsequent processing. 18th measuring mechanism shall be issued in the 15th survey report and reports of House area check Zhang.

    Subdistrict offices should receive the measurement certificate measurement reports, House area check paper reports and related electronic data-within 15 working days after the delimitation and ownership questionnaire (with the initially approved construction of illegal buildings left over by history time and use status of a building) in illegal buildings left over by history community publicity is 10th.

19th announcement expires without objection or objections by opposition parties to properly handle, neighborhood offices shall declare ownership of information, surveys and partial bound data processing material transfer area to check against the ban, and his clients, build time, floor space, status, property survey and branch-and-bound supplements illegal buildings left over by history entry ledger.

    This implementation approach purposes Qian, subdistrict offices has by this city related provides on declared information for verification, and publicity, this implementation approach 14th article first paragraph provides of party identity, and construction time, and original approved file authenticity, and ownership survey and points cases set territories, and buildings status uses are has clear of, not needed again line trial; has not clear of, should added verification Hou again publicity 10th, party can according to Qian paragraph provides handle.

20th land planning departments should be based on geological disaster prevention and control plan, the annual geological disaster prevention programmes, as well as illegal buildings left over by history census records coded clear division of geological disaster-prone areas, check against the ban, and timely issuance of the district and sub-district offices.

At first instance the sub-district offices, belonging to one of the following illegal buildings left over from history, should request the parties or managers entrusted with the statutory qualification of geological disaster risk assessment of geological hazards risk assessment bodies:

(A) located within the geological disaster-prone areas;

(B) is located outside the geological disaster-prone areas, but in geological hazard (risk) threat within the building and might formed serious and extremely serious geological disaster of construction projects.

Geological hazard assessment of costs borne by the illegal building parties left over by history.

    Geological hazards or dangerous slope legacy of illegal construction in the hazards are not eliminated or effectively control, we do not confirm.

Check against the ban, 21st District after receiving a subdistrict office transferred the material, after reviewing the materials, files should be created, and within 20 working days of the receipt of materials in accordance with the following provisions:

(A) subject to subparagraph (b), (c) provision other than the State, sought to land planning Department issued opinion letters;

(B) to non-indigenous villagers to build residential historical illegal construction, for real estate purposes of unauthorised homes for the construction of illegal buildings (including completed, it has actually been split transfer case), we do not confirm;

(C) review does not belong to the historical scope of illegal construction of rural urbanization, reply to the applicant in writing and state the reasons.

    The preceding paragraph (b), under the circumstance of the illegal buildings left over by history, the Government may, in accordance with confiscation, expropriation law, or be removed.

22nd land planning Department should consult the comments received within 30 working days from the date of the letter issued by the land planning review submissions. Does not seriously affect the existing legacy of illegal construction of urban planning, land planning departments should be based on historical illegal construction plans (including urban planning, land-use planning) and client reporting and verification of the subdistrict office for planning land use review.

No planning, or, having breached the prevailing plans complied with the existing planning, should be granted in accordance with the Declaration from the perspective planning, land management and the subdistrict office retained for verification purposes.

    Approval of land planning departments, shall be attached to the map, and calculated according to the measures for the implementation of the relevant provisions should pay the land premium, land-use term on June 2, 2009.

23rd District to check against the Office shall, when receiving a reply within 20 working days after land planning departments in accordance with the following provisions:

(A) according to the plan review submissions should be demolished or confiscated according to law of the land, by the district planning and land monitoring bodies impose administrative penalty according to law; (Ii) for has included city update annual plans of city update unit within, and not belongs to should law be demolition or confiscated of history legacy illegal building, by District check against do issued rural urbanization history legacy illegal building simple processing notice, history legacy illegal building party or management people by requirements paid clear premium and fine Hou, in city update process in the considered has processing confirmed of buildings.

The approved urban renewal plans for demolition and reconstruction of historical law outside the scope of the building and not the implementation of urban renewal projects within the scope of illegal buildings left over by history, through the land planning Department inform area after looking up against the ban, should be in accordance with this subsection (c) procedures for processing and the measures for the implementation of the relevant provisions; (Three) except this paragraph subsection (a), and (ii) items provides yiwai of other case, to district check against do delegate of housing security identification institutions issued delegate identification book, on not provides fire acceptance or record voucher of written told history legacy illegal building party or management people handle fire acceptance or record procedures, involved basic ecological control line of to environmental, and industrial, and water works, competent sector issued case processing consulting views letter; but history legacy illegal building has handle temporary using record,

Use without changing the main structure, and application of, I shall not repeat of fire safety appraisal for approval or for the record and the housing.

    Approved by the law of homes and land improvement projects involved within the demolition of illegal buildings left over by history with reference to the preceding paragraph (b) shall be dealt with.

The 24th after receiving the check against the ban sent a letter, environmental, industrial, water supplies and other competent authorities should be based on the basic ecological management of relevant provisions and related laws and regulations in issue dealt with within 20 working days, housing safety accreditation body shall issue a House security report. Illegal buildings left over by history the party or manager shall be in accordance with the district found contrary to the written request to the Fire Department for fire control acceptance or filing procedures.

    Fire departments should carry out regular inspection or filing of written informed check against the ban.

Check against the ban, 25th District delegate security accreditation body should be in municipal construction administrative departments in safety identification of institutions identified by instalment, commissioned by drawing lots; illegal buildings left over by history appraisal costs to be borne by the parties.

    Historical remnants of the illegal construction of housing security and authentication institution identified and specific measures of supervision and management by the municipal construction Administrative Department within 3 months from the published on measures for the implementation of established and reported to the municipality for approval before implementation.

26th article of historical illegal fire safety in building fire technical specifications, evaluation of technical specifications and fire supervision and management measures for the City Fire Department on the premise of ensuring basic requirements for fire safety, according to the actual situation of illegal buildings left over by history, these measures are published within 3 months from established and reported to the municipality for approval before implementation. History legacy illegal building party or management people should according to history legacy illegal building built Shi of fire technology standard, and specification or history legacy illegal building fire technology specification, on history legacy illegal building itself for check rectification Hou, delegate fire technology service institutions for fire security evaluation, holding fire technology service institutions issued of fire security evaluation qualified views, to police fire sector law handle fire acceptance or record procedures.

Illegal buildings inherited from the past parties or after obtaining the fire approval or for the record document manager shall submit the check against the ban.

    Historical remnants of the illegal building fire rectification and fire safety evaluation of the costs borne by the illegal building parties left over by history.

Check against the ban, 27th district received about departments or units within 15 working days after should be dealt with according to the distinction between:

(A) history legacy illegal building not exists major security hidden or has rectification qualified of, making rural urbanization history legacy illegal building intends confirmed notice (following referred to intends confirmed notice), and attached district planning land monitored institutions intends made administrative punishment told book, and premium paid notice, and identification costs, related costs paid notice and the delegate area subdistrict offices served of instruments,, turned by area subdistrict offices served declared people;

(B) illegal building there are major security risks left over from history and no corrective action to eliminate, or in a basic ecological line can not be retained, monitored by the district planning and land agencies impose administrative penalties, be demolished or confiscated according to law.

    The notice of intention to confirm valid for 1 year, calculated from the date of delivery.

    After the 28th provided documents to the applicant before, district planning and land monitoring agency shall make administrative punishment, accompanied by written decision of administrative penalty, the principal instrument served on area streets, turn-by-area neighborhood offices served on the applicant.

    Chapter fourth dealing with confirmation and a fine, premium

Article 29th or managers to pay the fine, premium, expert and other fees, the applicant with the notice of intention to confirm, payment voucher to the check against the ban to apply to the urbanization of illegal buildings left over by history confirmation of decision (hereinafter referred to as the confirmation of decision).

That meets the following conditions, check the contrary shall be on the applicant prior to the submission of information specified in issued within 15 working days from the date of the confirmation of decision:

(A) illegal buildings left over by history is not part of the decision of the Nineth and tenth, as well as the measures for the implementation of the 46th article should be demolished or confiscated, not part of the urban renewal project under the town renewal scheme and scope of the plan shall have been approved for demolition and reconstruction, and these rules are not part of other circumstances that are not confirmed;

(B) in accordance with the written decision of administrative penalty to pay the fine;

(C) has been issued by the land planning department planning land review submissions, and in accordance with planning and land review submissions called for premium;

(D) has achieved record by the district construction Administrative Department of housing safety evaluation report and complete delivery and identification of qualified expenses;

(E) the inspection has been made or filing documents and pay the relevant expenses;

(Vi) have been submitted in accordance with the measures for the implementation of the commitment or agreement.

    The confirmation of decision issued in building units, but the circumstances prescribed in the measures for the implementation of the 63rd issue the confirmation of decision.

30th the confirmation decision should include the following:

(A) the Declaration of identity information (including co-owners);

(B) the building name and number, houses, House, layer, floor space, building structures, basal area, build time;

(C) land area, land use, property sources, land property, land use and the starting and ending dates, ancestor grade number, coordinates and attached map;

(D) the housing safety evaluation, description of fire approval or for the record;

(E) payment of fines and land;

    (F) agreed that the views, and shall set forth the specific content restrictions on buildings, land use rights.

31st declarations shall be made after the confirmation of decision, to the Centre for registration of real estate rights (hereinafter referred to as the registration agencies) applying for initial registration of real estate, and submit the following materials:

(A) the application for initial registration of real estate;

(B) proof of identity;

(C) indigenous land has been made in the collective construction land use certificate of house ownership and other rights certificate;

(D) the confirmation of decision;

(E) the property map;

    (F) the registration authorities shall submit additional material.

Article 32nd after processing, the initial registration, the illegal buildings left over by history for non-commodity nature of real estate, limited personal use, may not be mortgaged or transferred.

    Residential historical illegal construction recognized as qualified non-commodity nature of real estate for personal use, if need to lease, operational activities, should be in accordance with the relevant rules of procedure, paying land-use tax and other relevant taxes and fees.

33rd illegal buildings left over by history the party or administrator after gaining the notice of intention to confirm, not willing to go through the formalities, you can apply for a government takeover of the District Government.

Organizing relevant departments in accordance with the relevant provisions of the District Government after acquiring housing in the preceding paragraph, real estate initial registration on behalf of the designated agency of the municipal government, and can be based on the actual security situation as a temporary housing affordable housing.

    Gaining the notice of intention to confirm the historical legacy of illegal construction parties or managers within the qualifying period to apply for initial registration of real estate, has failed to apply for a government takeover, is imposed by the Government according to law.

Article 34th residential illegal buildings left over by history, in accordance with the following provisions, after the premium, registered as non-commodity nature of real estate:

(A) original villagers by built meet "a households a building" principles of illegal building, from paid premium, total area not over 480 square meters of part from punishment, total area in 480 square meters above insufficient 600 square meters of part by area each square meters sentenced 30 yuan fine, 600 square meters above insufficient 800 square meters of part by area each square meters sentenced 60 Yuan fine, 800 square meters above of part by area each square meters sentenced 100 Yuan fine;

(Ii) original villagers violation "a households a building" principles by built illegal building of more building part, more building of first building by existing announcement benchmark premium of 25% fill paid premium, by area each square meters sentenced 100 Yuan fine, more building of second building by existing announcement benchmark premium of 25% fill paid premium, by area each square meters sentenced 200 Yuan fine, more building of third building and the above building number Department points not processing confirmed;

(Three) original rural collective organization or its following by units for solution original villagers live problem unified construction of residential class history legacy illegal building or to residential mainly of variety uses history legacy illegal building, without planning land sector approved or over approved construction of part, by original rural collective organization following by units as history legacy illegal building party, by existing announcement benchmark premium of 25% fill paid premium, by area each square meters sentenced 100 Yuan fine.

    Indigenous villagers and non-indigenous villagers to build residential history, and declare illegal building, originally built by the villagers in accordance with the corresponding provisions of the preceding paragraph, built to non-indigenous villagers do not accept confirmation.

35th production management, illegal buildings left over by history in business, Office, in accordance with the following provisions, after the premium, registered as non-commodity nature of real estate:

(A) of the original derivative unit by floor space of rural collective economic organization fined 20 Yuan per square meter, located in the non-agricultural construction land within the red line from premium, located outside the red line for non-agricultural construction land according to the current announcement of standard land price 25% premium;

    (B) on original villagers, other business units or non-indigenous villagers in an area penalty of 120 Yuan per square meter, according to the current announcement of standard land price premium. 36th article on October 28, 2004 shutdown yet approved return, or according to decided for declared Shi yet completed of history legacy illegal building, law should demolition or confiscated of, by district planning land monitored institutions law implementation administrative punishment; original villagers by built meet original villagers non-commodity residential construction standard, and total area insufficient 480 square meters of private, can reference return related provides handle procedures, and according to this implementation approach provides accept processing; other case, has built ground buildings of,

    Under the status quo capped in accordance with the measures for the implementation of treatment, refused to press the status quo capped and unauthorized construction, additions, entire buildings were not confirmed.

37th historic remnants of illegal construction in the non-agricultural construction land outside the red line, in accordance with the following provisions:

(A) can be adjusted to non-agricultural construction land within the red line or returning to land for non-agricultural construction, placement land quota deduction, in accordance with the standards located within the red line for non-agricultural construction land premium;

(B) cannot be adjusted or not deductions non-agricultural construction land, placing the return to index, but occupy perfect sign go to procedures, the Government has not been paid to compensation for land levy, should improve the symptoms go to formalities, premium according to the measures for the implementation of the relevant provisions, Government no longer levy to pay compensation;

(C) not part of subparagraph (a), (b) provided, we do not confirm.

Illegal buildings left over by history to cross the red line for non-agricultural construction land, follow the red line inside and outside their area of premium shall be computed separately.

    Historical return of illegal construction in line with the approach to reduced resettlement land index approach, placed back in specific proportions and a way to convert separately.

Other purposes of the 38th illegal buildings left over by history of the fine and premium standard, applying the existing notice implementation measures for the land closest to the Nineth part (a) to (d) of fine and premium standard.

Public support such illegal buildings are exempt from land left over from history, from fines.

    Illegal buildings left over by history, with multiple uses, according to the functions of each individual area calculate the fines and land separately pursuant to the provisions of this chapter.

39th illegal buildings left over by history through confirmation, in accordance with the law after the initial registration, subject to the following conditions, may apply in accordance with the relevant provisions of this city into the nature of goods:

(I) indigenous villagers in line with the "one household, one" residential history of the principle of illegal construction in the section up to 480 square meters, in accordance with the notice of applications for transfer to the commodity nature of base Premium 10% premium;

(B) the rural collective economic organizations, following the unit built by the commercial, Office, production and operation of illegal buildings left over by history, in accordance with the applications for transfer to the commodity nature of Municipal Government to non-agricultural construction land and land requisition for the return of land transactions provisions granted at a premium;

(C) the original villagers, other business units or by non-indigenous villagers to build business, Office, production and operation of illegal buildings left over by history, according to the nature of applications for transfer to the commodities market valuation price up land prices.  

    Have been dealt with according to the Shenzhen Special economic zone on historical illegal private houses a number of provisions on access to satisfy the original village of non-commodity nature of real estate "one household, one" principle residence such illegal construction, have made record by the district construction Administrative Department of security accreditation report and proof of fire approval or for the record, or in accordance with the provisions of this article apply to the nature of goods.

    The fifth chapter for temporary use

After the 40th of the illegal buildings left over by history through census records before the law, in line with the conditions specified in implementing measures, should go through the temporary use of the record, but according to the measures for the implementation of the 23rd paragraph (b), except in the cases specified in the second paragraph. Temporary use of a 5-year period.

Does not apply for temporary use for the record of the illegal buildings left over by history, you may not rent, conduct business activities.

    Non-indigenous villagers built homes specific measures for the illegal construction of the temporary use of left over by history, by planning and land authorities and the District Government in accordance with the provisions of this chapter shall be formulated separately.

The 41st illegal buildings left over by history or managers who need temporary use by the parties, where the illegal buildings left over from history should be checked against or the entrusted subdistrict offices to submit the following material, temporary use for the record:

(A) a written application;

(B) the party or person to prove;

(C) illegal buildings to declare inadmissible receipts left over from history;

(D) the use of temporary use;

(E) the temporary use of the undertaking;

(F) under measures for the implementation of the 20th the second paragraph should have legal qualification of geological hazards assessment issued in accordance with safety requirements for geological assessment reports;

(VII) building safety issued by the accreditation body of the district departments of housing security accreditation reports;

(VIII) public security fire approval or for the record certificate issued by the Fire Services Department. The preceding paragraph (vi), (VII), (VIII) provision of the appropriate documents, the report is based on the measures for the implementation of the 20th, 25th and 26th of regulations.

    Applicants have appropriate valid documents, the report can be submitted to the original valid documents, reports.

42nd provisional commitments mainly include illegal buildings left over by history the party or manager shall confirm and agree to the following matters:

(A) the temporary use is according to the decision of the Government on illegal buildings left over by history of the provisional regulation, does not represent a confirmation of illegal buildings left over from history;

(B) the Government has the right to at any time on the temporary use of illegal buildings left over by history to take measures and temporary use of the record has proved that failure; (C) illegal buildings left over by history the party or Manager may be only temporary use of filing proof of claim for any compensation, compensation.
Temporary use by the illegal buildings left over by history or management reporting by the parties, as the regulatory framework for temporary use such as fire safety practices.

Article 43rd archival materials in accordance with the measures for the implementation of provisions of the 41st, check against the subdistrict office or the agent should be issued within 10 business days of the urbanization of illegal buildings left over by history record certificate for temporary use (hereinafter referred to as the temporary use of the record), stated the following:

(A) the temporary use of a person;

(B) the temporary use of usage, the term;

(C) the temporary use of illegal buildings left over by history census recorded codes;

(D) the temporary use of the main content of the commitments;

(E) the extension;

(Vi) other matters.

    Temporary registration certificate issued shall contain the illegal construction account left over from history.

    The sixth chapter demolition or confiscation of

Illegal buildings left over by history of the 44th article parties or managers are not in accordance with the decision of the fourth article of terms and survey requirements to declare to the historical area where illegal construction subdistrict offices, by the subdistrict office in building community, the area in which the main public announcement, district, and city government websites for 3 months.

Before the implementation of the measures for the implementation of neighborhood offices according to the relevant provisions of the municipal bulletin, announcement would not be repeated.

    Notice prior to the expiration of a legacy in history the illegal construction of party or administrator contact address, contact information, should also be announced at the same time notify the parties in writing or Manager.

Article 45th bulletin include:

(A) the exact location of illegal buildings left over from history;

(B) illegal buildings left over by history of the area, the number of layers, actual usage of basic information;

(C) the deadline for supplementary declaration;

(D) the legal consequences that are not supplementary declaration.

During the announcement, no unit or individual shall not be defaced, torn or otherwise damaged written announcement of the subdistrict office.

    Provisions of the first paragraph of this article illegal buildings left over by history of the area, layer, the actual usage, and other basic information cannot be identified, you can include content, but the reasons should be explained in the notice could not be identified.

    Article 46th historical illegal construction parties or persons in charge of expiration of the notice is not declared from streets after 3 months of interim management be demolished or confiscated according to law, the notice period declared in accordance with the measures for the implementation of the third chapter, fifth chapter and other relevant regulations.

47th Street when interim manager shall notify the historical living in illegal construction, production and operation of the entities or persons within a reasonable period of time to move out on their own illegal buildings left over by history, and the entities or persons should be subject to, or may be required.

Fails to move out of the units and personnel, organized by the subdistrict offices to draw the District Government supervision, public security, check against the sector, firms were forced to vacate the entities or persons, such as, unclaimed, moved out of the property by the subdistrict office set out lists published Staten Island after the designated concentration area storage for 6 months. The entities or persons in custody claim during the period of the subdistrict office, should go through the claim process.

    Custody of unclaimed after the expiration of the 6 months, owned by the State, by Street law.

    48th article occupied has handle levy turned to procedures of State-owned land by built history legacy illegal building, can according to this city perfect urbanization levy turned to history legacy problem and received to placed of about provides, to placed returned with to index replacement its by occupied of has handle levy turned to procedures State-owned land of, not belongs to decided Nineth article, and tenth article by said "illegal occupied has completed levy turned to compensation procedures of State-owned land", fill paid premium standard according to this implementation approach about non-agricultural construction with to red within of standard implementation.

49th dismantled after service of the decision on administrative penalty according to law, illegal buildings left over by history party or administrator shall be in accordance with the written decision of administrative penalty-qualified removal of term and cleaned up their own economic relationships.

Confiscated after service of the decision on administrative penalty according to law, illegal buildings left over by history the party or administrator shall, in accordance with the administrative decision qualified term vacated illegal buildings left over by history, cleaned up their own correlation between economic and historical planning the transfer of illegal construction watchdog confiscated. Illegal buildings inherited from the past parties or managers not in accordance with the written decision of administrative penalty-qualified period to remove illegal buildings left over by history or failing to vacate illegal buildings left over by history to complete the transfer, monitored by the district planning and land authority compulsory demolition or confiscation or apply to a court for mandatory enforcement according to law, forced removal, force vacated the illegal buildings left over by history the party's expense.

    Historical needs to clean up illegal construction personnel, property, reference to the provisions of article 47th.

50th Nineth article of the decision (c), (d) and (e) of one of the illegal buildings left over by history, before construction occurs on land use shall be determined according to law when removing the distinction between adequate compensation to the following:

(A) the origin of the villagers, rural collective economic organizations or their successor units in its original location on rural collective land legacy built by illegal construction, building compensation reset the reference price;

(B) non-indigenous villagers or by other business units to build illegal buildings left over by history, and buildings refer to reset to the new price compensation.

    Of historical illegal construction in accordance with the provisions of this article removed covers are perfect signs go to procedures, outstanding syndrome go to compensation from the Government, should be treated in accordance with related policies such as land preparation after the original covers included in the management of State-owned land. 51st article decided purposes zhiqian original villagers built of meet "a households a building" principles of residential class illegal building, belongs to decided and this implementation approach, provides law should demolition or confiscated of case, but the households all family members in this city are no any form of other owned housing of, in law demolition or confiscated its residential class illegal building Hou, should by family population 2 people following area not is less than 45 square meters, and 3 people above area not is less than 60 square meters of standard,

Provides complete residential housing or terms no less favourable than the aforementioned area, with houses in the regional market assessment price compensation and by the rural collective economic organizations, following the unit is responsible for arranging "a a" residential, Tongjian upstairs, or houses in the development and construction of the communities.

In housing levy, and land right recovered Qian law demolition or confiscated history legacy illegal building Shi, on is located in original rural non-agricultural construction with to red within or is located in original rural non-agricultural construction with to red outside, but construction behavior occurred Yu rural urbanization zhiqian and by original villagers, and original rural collective organization or its following by units built of history legacy illegal building, on buildings give heavy reset price subsidies, on not levy, and turned to or not law compensation of accounted for to should law handle levy, and turned to procedures and the compensation.

    The second paragraph of this article on subsidies and compensation shall not be provided for in the implementation measures for the 50th.

52nd, a primary source of basic farmland reserves, approved in accordance with legal procedures for land use shall be determined on the date of the entry into force of the time.

Public roads, squares, green areas, high-voltage power supply corridors, public facilities and public welfare projects and others involved in town planning, planning land use to set the time by planning departments.   

    Provisions of the town planning of underground pipelines, in accordance with the provisions of the preceding paragraph to determine land use in accordance with established time; not provided, to underground pipeline project completion for land use shall be determined on the date of acceptance of the time.

    Seventh chapter expropriation and compensation and subsidies

53rd historical illegal construction of these approaches are based on confirmed, illegal construction parties left over from history should be subject to city planning, urban renewal, public infrastructure construction project needs, the housing levy and compensation for land resumption in accordance with the following provisions:

(A) in accordance with the provisions of goods nature certificate of real estate, by country, province, city properties real estate compensation standards for commodities, and in accordance with the provisions of article 55th limited property rights Exchange;

(B) have been certified in accordance with the provisions of non-commodity nature of real estate, buildings offering reset prices compensation, handled the confirmation payment upon confirmation of price reduction of compensation used the term corresponding to the price, is recognized as the original premium-free land is no longer given compensation, not a title change;

(C) meet the recognition criteria but did not register with the real estate, or comply with the conditions in commodity certificate but have not been fulfilled, except in accordance with subparagraph (a), (b) shall be dealt with and a reduction of the actual default of payment of fines, premium real estate registration and shall pay the relevant taxes.

    These measures are imposed on illegal buildings left over by history acquired in accordance with law, reference to the provisions of the preceding paragraph the acquisition price, but laws, regulations, rules and other provisions the provisions of the municipal government. 54th article for city planning implementation, and city update, and public based facilities construction project need implementation housing levy, and land right recovered Shi, by census records of history legacy illegal building yet in accordance with this implementation approach processing of, according to this city housing levy compensation of about provides for compensation, but on has declared, and belongs to law demolition or confiscated case of history legacy illegal building, has following conditions one of of, on buildings give heavy reset price subsidies, on not levy, and

Or where the transfer is not compensable, shall handle the introduction, transfer procedures and compensation:

(A) is located in the rural non-agricultural construction land within the red line;

    (B) is located in the rural non-agricultural construction land outside the red line from the origin of the villagers, rural collective economic organizations or their successor units built prior to the urbanization.

The 55th in the implementation of the measures for the implementation of the 53rd in the first paragraph of article (a) item, should be distinguished on the restrict property rights Exchange Compensation:

(A) the evicted people are not indigenous villagers, following the unit's non-indigenous rural collective economic organizations, only monetary compensation for compensation;

    (B) evicted an indigenous villager, the original rural collective economic organizations following the unit's, according to the city housing compensation-related provisions to implement property rights Exchange.

56th indigenous villagers of the original built by the villagers in line with non-commercial residential policies, the non-renewal or non-residential buildings in more than one case, when working on a renovation, relocation, shall be granted the following preferential policies:

(A) does not meet the non-housing policy standards for maximum control of indigenous villagers, when legal property rights Exchange, allowed to complement the construction cost under the premise of property rights Exchange in accordance with highest standards of control;

(B) monetary compensation, in accordance with the market evaluated prices implemented compensation, relocation and renovation of buildings floor space below the alteration, relocation decisions annual per capita living floor space in the city, based on the city's per capita living floor space calculation area of monetary compensation, no longer settlement price;  

    (C) Municipal Governments provided or approved by the other policy incentives.

    The eighth chapter legal liability 57th article party provides false material or using hide, and cheat means get history legacy illegal building processing confirmed, not occurred real estate transfer, and mortgage, initial registration yiwai of other registration behavior of, by District check against do revoked confirmed decided book and written told registration institutions, by registration institutions law revoked approved registration, by planning land sector on illegal party sentenced original initial registration by paid fine and premium total 20% of fine, has charged of premium not returned; has occurred real estate transfer, and

Initial registration other than registration of mortgages, original by the land planning department on illegal parties initial registration by paying fines and premiums 100% fine, no refund of premium is charged; a suspected crime, transferred to the judicial organs according to law.

    Parties have not implemented in this way until the announcement of the 44th article to declare behind the announcement declared, by the district planning and land monitoring body should impose a fine of 500 Yuan.

    Article 58th obstructing a law enforcement officer in performing their duties, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized, hindering law enforcement suspected of a crime such as violence, threats, and transferred to the judicial organs according to law.

59th on the initial registration and processing buildings, unauthorized alteration, expansion, consists of planning for land monitoring agency to investigate and punish; illegal party is suspected of a crime, transferred to the judicial organs according to law.

Implementation measures for the violation of the 40th of article will not apply for a temporary record of using illegal buildings left over by history without rent, business activities, housing rentals, fire department be investigated and dealt with according to law.

History legacy illegal building temporary using people violation this implementation approach provides, unauthorized change temporary using function of, by district planning land monitored institutions ordered stop violations, deadline corrected; late still not corrected of, by District Government or its delegate of subdistrict offices recovered temporary using record proved, since temporary using record proved recovered of day up 6 months within the history legacy illegal building shall not again handle temporary using record proved.

    Historical law violations in the process of building the temporary use of fire, safety requirements for housing and other violations, by the relevant authorities to investigate and punish.

60th article in processing history legacy illegal building process in the, does needed on law should demolition, and confiscated or has serious security hidden of history legacy illegal building implementation water, and blackout, and occlude of, by District check against do or area subdistrict offices will history legacy illegal building of specific name, and address and stop outlets, information written notification water, and power, and gas units; needed recovery supply Shi, should written notification the supply units.

    Water, and power, and gas units stop to history legacy illegal building water, and power, and gas Hou, party illegal private pulled mess received of, by water, and electric, and gas competent sector according to related legal, and regulations ordered stop violations, and on private pulled mess received of both party for processing, related legal, and regulations not provides fine of, by water, and electric, and gas competent sector respectively on both party sentenced 50,000 yuan fine.   

    61st article to real estate development for purpose built illegal building, except law demolition, and confiscated or levy by built illegal building outside, on has actual segmentation transfer, and caused major economic loss or serious effect of illegal building transfer party, law confiscated illegal proceeds, illegal proceeds cannot determine of, by actual transfer illegal building of area to assessment of engineering cost determine; suspected illegal business crime of, transferred judicial organ law processing.

    The Nineth chapter supplementary articles

62nd agreed by the District Government approved the resumption of work or construction of buildings, in the approved area, function and an area within the scope of part the building voluntarily, you can refer to this implementation approach, within the approved area of fine cut in half; in excess of the approved parts of an area of land, or in accordance with these measures.

    Building non-commercial housing by indigenous villagers is not in excess of the approved land part of scope, function and area, the building voluntarily, you can refer to this implementation approach. 63rd article decided purposes Qian, history legacy illegal building through court forced implementation program transfer of, buy by people should holding related implementation instruments, and auction, buy by sold instruments, and buy by people identity proved file, and buildings with to measuring points report or planning land sector recognized of other mapping report, material to district check against do declared; this implementation approach purposes Qian buy by people has according to this city about provides to subdistrict offices declared of, buy by people fill make buildings with to measuring points report

Or other survey reports endorsed by the land planning department directly by the subdistrict office transferred to check against.

Check against the ban and relevant competent administrative departments shall, in accordance with the following provisions, to deal with the buildings in the preceding paragraph:

(A) apart from the demolition or confiscation by law, exempted from fines;

(B) the buyer is no longer referred to the original unit of the rural collective economic organizations, following clear economic relations, undertaking the transfer levy;

(C) the buyer in accordance with the auction buyer deal enacted in the instruments of the market assessment of premium standard to pay premium;

(D) the second paragraph of article 29th of this implementation approach (a), (c), (d), (e) the conditions of provision, issued the confirmation decision and to grant registration as a commodity nature of real estate does not meet the aforementioned conditions, buyers can apply for reference to the measures for the implementation of the fifth chapter of the relevant provisions of the temporary use of the record;

(E) the building part of the preceding paragraph the building, some belong to other cases of illegal buildings left over by history, respectively, according to their respective situations according to the measures for the implementation of regulations for processing, in line with the measures for the implementation of the provisions of the corresponding conditions, real estate registration according to law;

    (Vi) confirmation and registration of real estate, property get auction records through the people's Court and shall record the implementation date to be determined by the people's Court, is no longer recorded buildings build time, registration price to instruments of execution buyer price and confirm the payment and OK. 64th parties or managers refused to sign the decision on administrative penalty decisions and other administrative decisions, administrative coercive measures, notification, compulsory administrative measures or administrative penalty decision, decisions and other administrative decisions, notification could not be sent directly, check against illegal buildings left over from history should be located in communities and city and District Government website announcement on 30th.

    Expiry of the notice, is deemed to have been served.

    65th of historical illegal buildings built before March 5, 1999 article, consistent with the Shenzhen Special economic zone on illegal private houses a number of provisions left over by history and the Shenzhen Special economic zone on historical production and operation of the illegal construction of a number of provisions on conditions, but has not yet been processed, dealt with reference to these measures for the implementation of the program.

66th since April 1, 2014, the measures for the implementation of pilot in pilot regions.

Urban renewal, land servicing and exploitation of illegal buildings left over from history can have priority in the pilot area. City check against the Office shall, jointly with the municipal land management system reform Office of the leading group and the District Government, in accordance with the decision of the pilot programme of work and the measures for the implementation of specific, clear and specific pilot regions, deadlines, work steps, and reported to the municipality for approval before implementation.