Nanning Municipal People's Government To Amend The Private Housing Construction In Nanning City Planning Administrative Policy Decision

Original Language Title: 南宁市人民政府关于修改《南宁市私有房屋建设规划管理办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384535.shtml

Nanning municipal people's Government to amend the private housing construction in Nanning city planning administrative policy decision (July 9, 2012, Nanning city, Government 13th session 19 times Executive Conference considered through September 29, 2012, Nanning city, Government makes 6th, announced since announced of day up purposes) for implement implementation People's Republic of China administrative forced method, maintenance legal unified, according to State on implement implementation straddling People's Republic of China administrative forced method of notification (country sent (2011) 25th,) spirit, by on I municipal government regulations for concentrated cleanup, City Government decided on

    Private housing construction in Nanning city planning administrative policy as follows: A, 27th revised as follows: "illegal construction, urban planning administrative departments may be ordered to stop construction.

    The unit or individual receiving stop construction notice to proceed, construction project where local people's Governments at or above the county level may instruct the relevant departments to take measures such as the attachment site to stop it. " Second, 30th for: "for violations of these rules of building (structure), and urban planning administrative departments can be ordered to dismantle, restored to its original condition.

    Fails to dismantle the building project where local people's Governments at or above the county level may instruct relevant departments torn. "

    This decision shall come into force as of the date of.

    The private housing construction in Nanning city planning administrative policy making corresponding amendments in accordance with this decision, republished.

    Report: private housing construction planning management methods, Nanning city, 2012 (revised) (July 26, 2000 36th city people's Government announced, on May 23, 2005, Nanning city, the Nanning municipal people's Government on the changes of the private housing construction planning management methods of the decision of the first amendment, September 29, 2012 Nanning, Nanning municipal people's Government to amend the private housing construction planning management methods of the decision of the second amendment)

    Chapter I General provisions

    First to strengthen urban planning area in Nanning City (including urban planning, County County area) within the private housing construction planning and management, ensure the implementation of urban planning, gradually improving the living environment, according to the People's Republic of China city planning law, and the Guangxi Zhuang Autonomous Region, implementation of People's Republic of China Law of urban planning approaches and the provisions of the Town Planning Ordinance in Nanning city, these measures are formulated.

    Second city planning administrative departments in charge of city planning area in Nanning city of private housing construction, planning and management, and may need to establish agencies, responsible for private housing construction, planning and management of the specified range.

    City, County departments of City Planning Administration, planning and management of the County's private housing construction, urban planning administrative departments on the business leaders.

    Private houses in these measures in article, refers to living individuals or several people share and enjoy State-owned or collective-owned land use right of the building.

    Construction of private houses, refers to new construction, renovation or expansion of private housing (including add layer), reconstruction and other construction activities.

    Article fourth urban planning area of private housing construction must meet the urban planned road, water supply and sewerage, electric power communications, gas, fire, civil defence, environmental protection, environmental protection, heritage conservation, housing space, and other planning requirements. Fifth private housing construction must comply with urban planning Administration Department management, comply with urban planning.

    No unit or individual shall have the right to violate the private housing construction behavior of urban planning report and sued.

    Chapter II plan of private housing construction control

    Sixth application for private housing construction in the area of urban planning, the Department of City Planning Administration based on land use, landscape, construction, land status, urban planning and other factors to determine whether to allow construction.

    Seventh private housing development, without expanding the area of the original homestead.

    Article eighth, based on the following principles, according to the requirements of urban planning to control private housing construction:

    (A) is included in the city or in the near future to develop the area and issued demolition notices, construction of private houses are not allowed;

    (B) retained for peri-urban farmers and private housing construction in rural residential land (the village of residential land) in the construction of private houses, must adhere to the principle of unified planning, construction and ensure that all construction meets the urban planning requirements;

    (C) urban villages, urban and rural areas combined with Department of main roads and cities on both sides of the old private housing reconstruction, extension, reconstruction of the village, behind the old village planning to be in principle according to the planning and construction, village roads, housing should be guaranteed space, the number of layers and the village environment in line with town planning requirements;

    (D) in the following areas of private housing construction allowed only according to the original housing as indicated on the area, layers of alteration, and strictly controlled at four levels (four), with a total height of 14 meters (± 0.000 elevation begins). 1.

    And extension cords, bianyang, China Road Street, Yi Zhong Jie, jiangbin road, River Street, River Road, road rehabilitation, road, Star Lake Road, Lake Road, Park enclosed within the region as well as on both sides of the yongjiang River, Lake 100 meters within the control area; 2.

    More than 60 meters (60 m) planning road outside the red line within 80 meters on each side; 3.

    40 m (40 m), 60 m (excluding 60 meters) planning road outside the red line within 60 meters on each side; 4.

    20 m (20 m), 40 m (not including 40 meter) planning road outside the red line within 40 metres on each side. (V) along river road along the yongjiang River, along the Road West side road, South Road, 51 East Road, Fujian road, private houses, building strictly controlled within the enclosed area on the third floor (including three layers), total height of 11 metres.

    As indicated on the original house ownership layer over three stories, may be relaxed, but it must be controlled below four (four), with a total height of 14 meters (± 0.000 elevation begins count);

    (Vi) in addition to (a), (d) and (e) outside the area of private housing construction, strictly controlled at four levels (four), with a total height of 14 meters (± 0.000 elevation begins).

    Nineth Chaoyang road, national road, when Street, Jiefang road, Xinhua Street enclosed regional and area for traditional block down the street, alterations shall retain the original architectural style and traditional neighborhood planning control requirements.

    Article tenth Acacia Lake, Li Jiang, chaoyangxi, raft jumping and other water systems on both sides of the private housing construction should be in accordance with the urban planning requirements.

    11th villages, towns and highway planning beyond the red line on both sides of the buffer zone, private house-building is strictly prohibited in the belt, belt width as follows:

    (A) national road and expressway: 50 meters on each side beyond the planned red line;

    (B) main road: planning beyond the red line 25 m on each side;

    (C) secondary roads: planning beyond the red line 15 metres on each side.

    12th through old villages, towns and roads in private house-building, must be concession highway planning according to the following line:

    (A) national road and expressway: 12 m;

    (B) the main roads: 10 m;

    (C) secondary roads: more than 8 meters.

    13th on the private housing construction, urban planning administrative departments in accordance with urban planning called for in their original land covers an area of and layout adjustment.

    14th private housing without changing the nature of.

    Chapter III private housing construction planning implementation

    15th urban planning area of private housing construction planning management, implemented by the Department of City Planning Administration construction land use planning permits and construction project planning permit system.

    16th new private housing in the urban planning areas for planning permit for construction of the program:

    (A) construction urban planning administrative departments to obtain land for private house construction plan application form, fill in as required to the village (neighborhood) Committee and township (town) people's Government signed, seal the, the related approval documents, residence booklet, identification cards, to the Department of urban planning administration application for planning permit for construction;

    (B) urban planning administrative departments in accordance with the urban planning requirements, approved land location and boundaries, planning permit for construction;

    (C) after obtaining the planning permit for construction building individual, application for land clearance to land management;

    (D) construction construction land use planning permits, land use permits, the private housing construction project planning application forms, account, identity cards and topographic map building application to urban planning administrative departments.

    17th urban planning applications in the District of private housing construction, for planning permit of construction engineering program:

    (A) construction personal to city planning administrative competent sector received private housing construction engineering planning application table, truthfully fill in and by requirements to where village (home) Board will stamped seal Hou, holding housing ownership card or housing total warrants, and land using card or construction with to instruments of ratification, and account this, and ID and topographic maps (necessary Shi issued neighborhood submissions, and housing sector issued of housing security testimonials), to city planning administrative competent sector declared;

    (B) the verification by the urban planning administrative departments, following the delineation of the building line, construction drawing design according to requirements;

    (C) after verification by the Administrative Department of urban planning construction, to meet the requirements of urban planning, construction project planning permit.

    Article 18th relocation back to the area in the urban planning areas (farmers House area) new private housing and private housing land development projects, handle the planning permit for construction and construction project planning permit program:

    (A) from demolition to build units or development companies state approved construction projects related documents and data to the Administrative Department in charge of urban planning construction land use planning site applications;
(B) urban planning administrative departments to accept documentation provided by the employer are well documented, and upon approval by the verification, authorized construction of the location and boundaries of the project, provides planning and design criteria;

    (C) the planning and design of construction unit under conditions within 6 months according to regulations submitted to the planning of construction land floor plans. Approval of the construction plan of the construction land use planning permits.

    The employer fails to submit the construction plan, without applying for an extension, the original construction land use planning site shall automatically cease; (D) units with planning permit application to the Lands Department for construction sites.

    Do not apply land within one year, and did not apply for an extension, has made the planning permit for construction purposes shall automatically cease; (E) construction planning permit, building land for construction purposes of ratification or land use permit, the approved plan, applied to the urban planning Administration Department in charge of construction.

    Department of urban planning administration under the town planning requirements, architecture planning and design of programmes;

    (Vi) design approval of the competent departments of City Planning Administration require organizations to centrally by the unit after the construction drawing design after approval as a standard unit of construction drawings;

    (VII) town planning administrative departments of the verification units provide shop drawings, meets the requirements of urban planning, construction project planning permit;

    (VIII) after obtaining the planning permit of construction engineering construction management centrally by the unit construction.

    19th are received by the Department of city planning administration of the provisions of the preceding article apply for construction project planning permit should be submitted to the information, should be submitted within the statutory 20 working days review comments or construction project planning permit issued.

    Article 20th after the units or individuals in the construction project planning permit, can apply for operating procedures; urban planning administrative competent authority or delegated departments concerned after the inspection line, meets the requirements of construction project planning permit before they can break ground. 21st construction land use planning permits and construction project planning permit must not alter the content.

    Alteration, must be approved by the administrative departments of urban planning and land administration Department, and the change.

    Units or individuals made within one year after the construction project planning permit does not start and does not go through the formalities for extension, construction project planning permit shall automatically cease.

    22nd after completion of the construction of private houses, requires completion of the relevant information to the Department of urban planning Administration for planning the record.

    23rd private buildings completed within 6 months after acceptance, the unit or individual shall submit free-agency construction of urban construction archives project files.

    24th design, construction units and the relevant provisions of the Administration in the following inspection plan map:

    (A) when designing an architectural design task unit must be identification approved by the Administrative Department of planning and design of urban planning conditions and requirements relating to drawings;

    (B) the construction unit at the time of contracting construction business, construction project planning permit must examine plans approved;

    (C) construction management Department at the time of approval of construction, construction project planning permit must check.

    25th city planning administrative departments entitled to urban planning and construction projects in the district meets the planning requirements for inspection, be inspected must truthfully provide information and necessary materials.

    Urban planning management review officer in the execution of their official duties, should two or more people and produce city planning law enforcement inspection.

    The fourth chapter legal liability

    26th under any of the following circumstances, it is an offence for construction:

    (A) without approval by the Administrative Department of urban planning, certification, without building, rebuilding, expansion in the urban planning areas (including add layer), rebuilding homes, and ring of scaffolding;

    (B) Notwithstanding the approval, certification, approval but is not required to build, without changing the building location, increased floor space, layer, height and balconies, canopies, cornices overhanging body;

    (C) without the approval of the original examination and approval of urban planning Administration Department, unilaterally changed the nature of the building;

    (D) concealment, deception, swindle construction of approved license. 27th for illegal construction, urban planning administrative departments may be ordered to stop construction.

    The unit or individual receiving stop construction notice to proceed, construction project where local people's Governments at or above the county level may instruct the relevant departments to take measures such as the attachment site to stop it.

    28th obtained without obtaining the planning permit for construction approval of construction land occupation of land, approved file is invalid, the land occupied by the city and county governments ordered to return.

    29th construction units or individuals to constitute a violation of article-building, urban planning administrative departments be punished in accordance with the following provisions:

    (A) on the following serious impact on urban planning, demolition or confiscation within: 1.

    Occupation of urban roads (roads, squares) red line, affecting urban traffic; 2.

    Occupation of fire exits, fire safety could be compromised; 3.

    Urban water supply and drainage pipe (drainage) road, power and telecommunication, gas pipelines and other facilities, affecting their use, maintenance and security; 4.

    Occupation of urban rivers, lakes and ponds of water and its protection, effect of spillway and drainage; 5.

    Occupy urban public green space, scenic spot (spot), parks and cultural relics protection units such as planning, impact of landscape construction and landscape in the near future; 6.

    Unauthorized expansion of the Homestead building (including an outdoor staircase, improvised huts and walls), and urban planning; 7.

    Article eighth of this approach (a), (d), (e), (f) provisions, arbitrarily high storey; 8.

    Violations of this article Nineth, 11th and 12th.

    (B) has an impact on urban planning, but measures can be taken to eliminate, a rectification and an area of illegal punishable by fine of 100 to 300 yuan per square meter; area cannot be calculated according to the total cost of the construction of 5-10% fines;

    (C) little influence on urban planning, according to the provisions of the preceding paragraph fines 50% fined. Article 30th for violations of these rules of building (structure), and urban planning administrative departments can be ordered to dismantle, restored to its original condition.

    Fails to dismantle the building project where local people's Governments at or above the county level may instruct relevant departments torn.

    31st article violates this article 20th without inspection line by the Administrative Department of urban planning, impose a fine of 1000-2000.

    Articles 32nd to violate these measures caused by illegal construction and design units, the Department of City Planning Administration confiscated the design fee, fined and design fee 30-50%.

    For violations of these rules illegal construction caused construction unit, the Department of City Planning Administration confiscated illegal gains and illegal construction of 5-20% fine.

    Article 33rd disobey article 23rd fails to submit the completed construction project archives, the Department of City Planning Administration ordered its deadline to submit, and punishable with a fine of 2000-5000.

    Article 34th disobey 14th article change of building (structure) used in nature, the Department of City Planning Administration a rectification, and reset the year 5-15% fine. 35th city planning management and inspectors during inspections under inspection refuses to or does not provide the information, the Department of City Planning Administration depending on the seriousness of a fine of 200 to 500 Yuan.

    Urban planning-management personnel who violate provisions of the second paragraph of this article 25th, was rejected by the examiner can accept checks. 36th units and individuals in violation of these rules is punishable by fines, penalties must be paid within the prescribed period.

    Overdue payments, 3% Add a fine in amount of the daily penalty.

    Confiscated all turned over to the Government. 37th party refuses to accept the decision on administrative penalty, may, within 60 days from the date of receiving the notice, made the decision on punishment of administrative organs at the next higher level for reconsideration, not satisfied with the reconsideration decision, in 15th after receiving the reconsideration decision, to a people's Court. Parties may also within 15th days after receiving the notice of penalty, directly to a people's Court.

    Party fails to apply for reconsideration or bring a lawsuit nor performs the decision on punishment, by the executive authorities made the decision apply to the people's Court for compulsory execution.

    38th Department of City Planning Administration neglects his duty, abuse of power, favoritism, and by their work units or the competent authority administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

    39th problems in the application of these measures, the Department of City Planning Administration is responsible for the interpretation. 40th article this way as of the date of promulgation.