Guiyang Urban Buildings Change Uses Management Provisions

Original Language Title: 贵阳市城镇房屋变更用途管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379259.shtml

Guiyang urban buildings change uses management provisions

    (October 8, 2012 Executive meeting of the Guiyang municipal people's Government on November 5, 2012, Guiyang municipal people's Government promulgated as of January 1, 2013, 15th) first to strengthen the use and administration of urban housing, maintaining the legitimate rights and interests, according to the Guizhou Provincial capital Town Planning Ordinance and other laws, regulations, combined with the city's actual, these provisions are formulated.

    Article on State-owned land within the planning area, the city has built and delivered and attached facilities (hereinafter "House") change of use of supervision and management, these provisions shall apply.

    Article housing purposes in these rules refers to determination of approval by the urban planning departments, housing ownership certificates or House houses the nature of records on the registry book.

    Fourth, urban housing, urban planning departments are the changing uses of supervision and Management Department.

    Management of land, housing and urban-rural construction, urban (urban law enforcement), environmental protection, civil air defense, fire and transport, health, education, sports, culture, business, industry and commerce, tax and other administrative departments and service management of township people's Governments and Community institutions should be in accordance with the responsibility, urban housing change uses the supervision and management of related work.

    Property service enterprises and other organizations should coordinate with town houses changed use of related work.

    Article fifth owners, users and management units should be used in accordance with the planning permission, the use House shall not be any of the following acts without authorization:

    (A) the changing residential properties, commercial, Office, or for other non-residential activities;

    (B) the change of office space the nature, for use in the business and non-business activities;

    (C) changing the civil air defense projects, municipal, environmental, medical, education, sports, culture, fire protection, community services, farmers ' markets and other public service facilities and underground parking, equipment (structure) transition layer, overhead, factories, warehouses and other premises of the nature, for use in its planning activities other than uses.

    Sixth House, one of the following circumstances, may not be changed by the planning permission, the use:

    (A) affecting implementation of immediate plan or the controlled detailed planning;

    (B) violating building safety, fire safety, environmental protection, heritage conservation, traffic safety, urban environment and scenic, property and other public safety and other regulations;

    (C) damage the lawful rights and interests of others;

    (D) whose ownership is in dispute;

    (E) has been sealed;

    (Vi) has been publishing house acquisition decision notice within the region;

    (VII) other circumstances as stipulated by laws and regulations. Seventh urban planning departments should be strict change control housing.

    Alteration, shall comply with the following conditions:

    (A) meet the needs of urban and rural planning, and economic development;

    (B) consistent with the surrounding environment, public services and municipal infrastructure requirements;

    (C) compliance with building safety, fire safety, hygiene, environmental protection, transportation, protection of cultural relics, such as regulations and technical specifications;

    (D) in line with property management statute law is common to all the owners within the building zone housing required consent of the owners ' meetings;

    (E) the adjacent property owner or have the written consent of the owner of such interest;

    (Vi) other conditions stipulated by laws, rules and regulations.

    Eighth units or individuals change housing purposes, shall have original and copy of the following information, to house the seat of the urban-rural planning departments to apply for alteration and approval procedures:

    (A) change the application for housing purposes (State intends to change location, size of the House you want, the number of layers, structure, the nature and reasons for changes and so on);

    (B) legal and valid identity papers or prove, or legal person, other organization code certificate, business license;

    (C) the planning permit for construction, and the construction project planning permit, the State-owned land use permit and the housing ownership certificates;

    (D) change of housing programmes and design drawings;

    (E) identification of structural safety materials;

    (F) housing owners of adjacent property or have an interest in writing;

    (G) housing the County, town or community service agencies in writing;

    (H) the relevant administrative department with the approval documents;

    (IX) other related material.

    Changes to public housing, housing the lessor or the lessor written application by a tenant; other changes to housing uses, by house owner apply property for more than 2 people in common, shared by all of us to apply.

    Nineth urban and rural planning approval the competent authority shall, in accordance with the following provisions:

    (A) after accepting the change applications for housing purposes, and shall, within 10 working days to review the material submitted by the applicant, and to seek the views of the relevant administrative departments under the circumstances and, if necessary, organize experts;

    (B) relates to the adjacent property owners and the public interest, in accordance with the relevant provisions in the House is located on-site and municipal, district (city, County) town and country planning portal for public notification, seeking the views of interested parties and the public, publication deadline for the 5th;

    (C) within 5 working days after the expiry of the public and meet the requirements, issue a written decision on admission to change housing and change approval; does not meet the criteria and justification to the applicant, and issue a written decision on the no change of housing.

    Allowed to change housing and urban planning departments shall, without delay after the law change housing purposes communicated to relevant administrative departments at the same level.

    The tenth unit or individual shall have the following information and a copy of the original, to house the seat of land administrative departments to apply for land use change and approval procedures:

    (A) the application for change of land use;

    (B) the legal power of Attorney and client identity cards;

    (C) the business license and organization code certificate;

    (D) of the State-owned land use permit;

    (V) the transfer contract and the assessment report;

    (Vi) agreed to change housing approval documents, technical specifications and other relevant supporting documents;

    (VII) to seal 1:500 of digital cadastral maps by using 6 originals and inflection point coordinates, boundary Figure 6;

    (H) housing certificates of title, deed tax certificate, purchase contract, housing or housing resettlement agreement is imposed by the agreement;

    (IX) other materials need to be submitted.

    Land administrative departments of the 11th from the date of receipt of the application for change of land use in the 30th, in line with the changing conditions of according to procedures agreed with the change, originally approved by people's Government for approval, issued by the change of the State-owned land use permit; does not meet the conditions for land use change, reasons to the applicant.

    12th house people come up with relevant administrative departments agree to changes of ownership housing and land use documents and other materials shall be submitted in accordance with law, and to have administrative access housing and urban-rural construction Administrative Department to apply for housing purposes change.

    Housing and urban-rural construction administrative departments should make a decision on whether to change registration within statutory deadlines.

    13th change housing related provisions of other laws, rules, regulations, and shall go through the relevant formalities. After 14th House approved changes, user or administrator shall, in accordance with the approved use of the Housing Authority.

    Need to change the use of shall be in accordance with the relevant provisions of this regulation and again submitted for approval.

    15th lease or when there is a transfer of ownership, House by the owner or manager shall inform the other party leased or sold with planning permission for housing purposes.

    16th of municipal, district (city, County) people's Governments shall arrange housing and urban-rural construction, urban and rural planning, land, urban law enforcement and relevant administrative departments to establish joint inspection system, strengthen the supervision of town houses use. 17th relevant administrative departments, community service agencies, property management companies and others found that altering public housing, should be discouraged in a timely manner and inform urban and rural planning and the administrative authority involved.

    Urban and rural planning and the relevant administrative departments should handle in a timely manner.

    No unit or individual shall have the right to urban and rural planning and the relevant administrative departments, reporting without changing the Housing Act.

    Town and country planning and the relevant administrative departments should publicize the reports, complaints, accepted without changing the housing reports and complaints.

    18th in violation of this provision, change housing purposes, in accordance with the management regulations of the State Council and the provincial capital of Guizhou and other related provisions of the Town Planning Ordinance will be punished.

    Violation of these provisions, change housing failing to go through the formalities for change of land use and land management in Guizhou province, in accordance with the relevant provisions of the regulations will be punished.

    19th in violation of the provisions of any other Act, the relevant laws, rules and regulations on administrative penalties, to investigate and punish.

    20th change in the supervision and administration of public housing have favoritism, dereliction of duty, fraud or other improper charges in violation of fraud, be dealt with by the relevant departments in accordance with the relevant provisions.

    21st article of the regulations come into force on January 1, 2013.