Shenzhen Urban Renewal Approach

Original Language Title: 深圳市城市更新办法

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Shenzhen urban renewal approach

    (October 22, 2009 order No. 211, promulgated by the people's Government of Shenzhen City as of December 1, 2009) Chapter I General provisions

    First, urban renewal, for the specification of this activity, to further improve the urban function, optimize the industrial structure, improving the living environment, promoting economical and intensive use of land, energy, resources, promote economic and social development, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to urban renewal activities within the administrative area of the city.

    Urban renewal in these measures refers to by the requirements of this Regulation subject to a particular urban area (areas include old industrial areas, the old business and old residential areas, urban villages and JIU Wu, etc) within regions with one of the following situations, according to urban plans and programs as provided herein for comprehensive renovation, function or demolition and reconstruction activities:

    (A) the urgent need to improve the basic facilities, public services of the city;

    (B) the environment is bad or there is a significant safety hazard;

    (C) using the existing land use, buildings or resources, energy use is obviously not in line with the social and economic development, urban planning and implementation;

    (D) the law or other circumstances as approved by the municipal government urban renovation should be carried out.

    Urban renewal should follow government guidance, article marketing, planning and Manpower, intensive, protection of rights, the principle of public participation, ensure and promote scientific development. Fourth article shall comply with the overall plan for national economic and social development of urban renewal, subject to the overall urban planning and land use planning.

    Urban renewal urban renewal plan and annual plan management system.

    Unit planning of urban renewal is the fundamental basis for managing urban renewal activities.

    Urban renewal plans should be integrated into the immediate plan annual implementation plan and the annual land use plan.

    The fifth urban renewal in accordance with relevant laws and regulations and this approach provided by the municipal and district governments, land tenure or other eligible subject to commit.

    Sixth of municipal and government organizations to implement urban renewal funds should be guaranteed, and to provide appropriate financial support to urban renewal projects. Urban renewal involves infrastructure and public service facilities, should arrange for project funding from the land transfer.

    Urban renewal involves government investment projects, according to the relevant provisions of government investment project management.

    Seventh of municipal planning and land authorities responsible for organizing, coordinating the city's urban renewal work, law related to the elaboration of urban renewal planning, land management policy, integrated urban renewal planning, program management, develop urban renewal related technical specifications, making planning urban renewal unit, responsible for land use rights transfer in the process of urban renewal, recovery and acquisition work.

    Eighth District (including district authorities, hereinafter the same) Organization of area urban renewal land consolidation, comprehensive renovation update provisional organization projects and demolition and reconstruction of the Municipal Government to determine its implementation class to update the project's implementation, the function and other demolition and reconstruction coordinating the implementation class to update the project. Municipal development and reform Department is responsible for the development of industrial guidance policies related to urban renewal, urban renewal of annual funding arrangement involving government investment.

    According to the municipal financial Department planned to allocate funding for urban renewal projects.

    The relevant authorities within the scope of their functions, provide services for urban renewal activities and implementation management.

    Chapter II urban renewal plans and plans

    Nineth urban renewal planning based on urban master planning in the city, links up with recent planning, clear and updated in key areas of urban renewal in the city orientation, objectives, timing, scale and updating policies.

    Tenth planning should be within the scope of the statutory plan of urban renewal for the following provisions:

    (A) the scope of urban renewal unit;

    (B) the unit should be configured in the context of urban renewal of the infrastructure and the type and size of the public service;

    (C) urban renewal planning guidelines.

    This way, the 11th in the urban built-up area provided for in article, the need for urban renewal area, shall ensure that infrastructure and service facilities are relatively complete premise, in accordance with the relevant technical specifications, considering the roads, rivers and other natural elements and property boundary and other factors, delineation of the relatively large area as urban renewal unit, developed unit plan of urban renewal.

    A city updated unit may include one or more urban renewal projects.

    12th urban renewal unit shall be formulated in accordance with the relevant technical specifications, according to the publicity, for comments.

    Urban renewal plan should include the following:

    (A) the urban renewal unit within the infrastructure, public services and other land features, industry direction and layout;

    (B) urban renewal unit within the update project-specific scope, update the target, update and planning control indicators;

    (C) urban renewal unit within the urban design guidelines;

    (D) other content should be clear by the urban renewal unit.

    Unit plan involves upgrading of urban renewal, shall consult the relevant competent departments of industries.

    13th planning urban renewal unit shall, in accordance with the requirements set by the statutory plan developed, for approval by the urban planning and land authority. Is no statutory plan should be based on the investigation, according to the partition plan calling for planning urban renewal unit, reported to the municipality for approval.

    Urban renewal planning related content should be included in any statutory plan are developed. Urban renewal planning adjustments to the mandatory elements of the statutory plan, by the Department of urban planning and land reported to the municipality for approval.

    Relevant content should be included in any statutory plan are to be made public. 14th update annual plan including urban renewal unit of the city planning plan, already have implemented the demolition and reconstruction of the conditions category and comprehensive improvement of urban renewal project, and other related sources of funding.

    Among them, the comprehensive improvement of urban renewal projects of the kind you can make annual plans.

    15th district government can organize related functions within the jurisdiction of various types of filters needed for urban renewal projects, urban renewal unit within the proposed area plan and have implemented comprehensive treatment of demolition and reconstruction of the condition class, class projects, reporting to departments of urban planning and land incorporated into the annual planning of urban renewal.

    Relevant competent departments of the municipal government and relevant enterprises and institutions, may also make unit plan of urban renewal plan and have implemented comprehensive treatment of demolition and reconstruction of the condition class, class projects, in consultation with the host Government, after reporting to departments of urban planning and land incorporated into the annual planning of urban renewal.

    16th section not included in the urban renewal unit of this article by the way, the urban built-up area, with conditions established planning urban renewal unit, district and municipal relevant departments according to the urban renewal of the city planning plan, developed and made into the scope of urban renewal unit annual plan of urban renewal proposals, submitted to the competent Department of urban planning and land.

    17th urban planning and land authority to district governments, relevant government departments and declarations relating to enterprise planning, coordination, elaboration of annual plans for urban renewal, in accordance with the prescribed procedures after publication into immediate plan annual implementation plan and the draft land use plan and reported to the municipality for approval.

    A single annual plan for the development of comprehensive regulation update project, urban planning and land authority can be set separately and reported to the municipality for approval.

    Annual plan of urban renewal can be adjusted in accordance with the approval procedure.

    18th District Government planning planning urban renewal unit within the declared area included in the annual plan of urban renewal, organized by the District Government the applicants elaborate the draft planning urban renewal unit, in accordance with the prescribed procedures for approval.

    Municipal authorities, relevant institutions declare annual renewal unit of the city planning plan into urban renewal plan, declared by the municipal planning and land authority preparation of draft planning urban renewal unit, in accordance with the prescribed procedures for approval.

    Chapter III comprehensive treatment of city updates

    Update the comprehensive improvement of the 19th class project mainly covers improve the fire safety facilities, improving infrastructure and public service facilities, the improvement of street facades, environmental improvement and energy saving renovation of existing buildings, such as content, but does not change the main structure and function.

    Comprehensive regulation update project generally do not build auxiliary facilities, due to eliminate security risks, improve infrastructure and public services and facilities requires building auxiliary facilities, urban planning, environmental protection, building design, building energy conservation and fire safety requirements.

    Comprehensive improvement of the 20th class of urban renewal-related technical specifications drawn up by the relevant departments, and reported to the municipality for approval before implementation.

    21st composite control class to update the project implemented by the District Government and organize the implementation of the programme.

    According to the relevant laws, rules and regulations or standards and norms, implemented comprehensive treatment be approved by the relevant department or for the record, should be submitted for approval or for the record. Comprehensive improvement of the 22nd class to update the project was funded by the District Government, rights or other relevant persons together, expense ratio determined by the parties.

    Relates to the improvement of infrastructure and the costs of public services and amenities, the cost ratio in accordance with the municipal and district levels, relevant provisions of the financial burden of Division.

    The fourth city function chapter updates

    23rd function class to update the project to change part or all of the service function, but does not change the rights of land and use of the term, retained the original structure of the building.

    Function in class to update the project can eliminate security risks, improve infrastructure and public service facilities requires the addition of subsidiary facilities, and urban planning, environmental protection, building design, building energy conservation and fire safety requirements.

    24th function class to update the project should conform to the industrial layout planning, giving priority to meet increases in public spaces and the need for industrial restructuring and upgrading.

    25th implement function updates the project of land shall, in accordance with the relevant laws and regulations of the building change program, urban planning and land authorities and relevant authorities to apply for planning permission changes and related procedures.

    Urban planning and land authorities in receiving planning permission after the change request, an application shall be in the Shenzhen Special economic zone, Shenzhen commercial daily matters of publicity, publicity time not later than 7th, publicity expenses shall be borne by the applicant.

    Condominium by the owners of buildings, some property owners apply for residential to commercial property, the applicant shall, with the consent of the interested party's consent, and at the time of application for planning permission to change procedures to submit a written document.

    Condominium by the owners of buildings, some property owners apply for other forms of function, reference to the provisions of the preceding paragraph.

    26th changes of urban planning and land authority, should be linked to land land contract agreement or retroactive assignment of land contract land shall be paid in accordance with the relevant provisions of the premium. Function in accordance with the original purpose of the land-use term after deducting actual use the remaining period of time to determine the term.

    Origin of the insufficient duration of land use land use statutory maximum time limit, the applicant no premium in accordance with the provisions to be filled.

    27th function class to update the project shall pay the premium determined in accordance with the following provisions:

    (A) changing the original building area is part of the function of, in accordance with the change of function and duration of land remaining in the land of announcement standard premium payable, deduct the original land use and residual term with the announcement of standard land price level of the land;

    (B) increased building area is part of the change function, in accordance with the change of function and the land remaining term at market assessment of premium standard premium payable.

    Non-commodity nature of real estate to the nature of goods, shall, in accordance with the relevant provisions of compensation paid the appropriate premium.

    The fifth urban demolition and reconstruction chapter updates

    Demolition and reconstruction of the 28th article item of such updates shall be strictly in accordance with the urban renewal unit, urban renewal provisions implementation of the annual plan.

    29th according to the provisions of the urban renewal unit, before the expiration of land within the urban renewal unit, because separate infrastructure, public facilities and other public interest or for the implementation of urban planning for old town reconstruction needs to be adjusted to use land or other statutory conditions for resumption, by the Department of urban planning and land resumption of land use right according to law and be compensated.

    Outside the 30th according to law should be resumed, the City Government can be updated according to the city's need to organize for land acquisitions, land within the urban renewal unit can also apply to urban planning and land authority for land acquisition.

    Land acquisition procedures, conditions, prices in accordance with the Land Bank and the relevant provisions of the land acquisition. 31st article except encourages right people itself transformation outside, on by Government unified organization implementation city update of, can in demolition stage through tender of way introduced enterprise units bear demolition work, demolition costs and reasonable profit can as received (Levy) to (demolition) compensation cost from land a transfer income in the paid; also can in determine development construction conditions and has developed city update unit planning of premise Xia, by Government in land right tender, and auction, and tone transfer in the determine by bid people or competing have people together implementation city update

    And the demolition of buildings, structures and other attachments cleaned by the winning bidder or people in charge.

    Demolition and reconstruction of the 32nd article class within urban renewal project of the land and buildings and structures on the ground or attached to one of the owners the same single subject, you can by rights holders pursuant to the implementation of the measures for demolition and reconstruction.

    33rd article demolition reconstruction class city update project range within of land right people and ground buildings, and structures or attached real ownership people different or exists multiple right subject of, can in multiple right subject through agreement way clear right obligations Hou by single subject implementation city update, also can by multiple right subject signed agreement and in accordance with People's Republic of China company law of provides to right people has of real estate pricing shares established company implementation update, and handle related planning, and with to, and construction, procedures.

    Article 34th in the same condominium by the owners of buildings, exclusive parts of buildings in a total area of more than two-thirds of owners whose owners agree to demolition and reconstruction of two-thirds more than the total number of all owners is a subject of rights.

    Village, and JIU Wu demolition and reconstruction, rural collective economic organizations shall be subject to the original following the consent of the general meeting of shareholders in accordance with the relevant provisions of the voting.

    Villages in these measures refers to the city in the process of urbanization of rural collective economic organization in accordance with the relevant provisions of the former villagers and successor units to retain the use of land for non-agricultural construction, built within the geographical area.

    Article 35th demolition and reconstruction class update project implementation in urban renewal project specific planning approval documents, with urban planning and land authorities signed a land contract agreement or retroactive assignment of land contract, the right to recalculate the period and in accordance with the premium as provided herein.

    Demolition and reconstruction of the 36th article urban renewal project in the village section of the class, the building volume rate in part 2.5 and below, no longer premium; building volume rate between 2.5 to 4.5 parts in accordance with the notice 20% premium standard of benchmark land; parts of the building volume rate of more than 4.5, according to the announcement of standard land price standard premium.

    Village premium after the demolition and reconstruction of these measures, in line with the relevant provisions of the buildings and fixtures can be controlled by the construction unit achieved full property rights, and shall be free to transfer.

    Demolition and reconstruction of urban village project premium can return to where the District Government in accordance with the relevant provisions of the municipal government, as the cost of village infrastructure and public service facilities.

    37th city Baoan, Longgang District, Shenzhen City, on the release of the notice of interim measures for planning and land management has been formed prior to the implementation of the JIU Wu demolition and reconstruction of the status quo covers an area of 1.5 times no longer premium, the excess premium according to announcement of standard land price criteria.

    Industrial upgrading project of the demolition and reconstruction of the 38th article class upgrades for industrial purposes or the Municipal Government encourages the development of industry, the original legal within the construction area will no longer premium increased floor space in accordance with the notice of datum land price 50% premium standard. Demolition reconstruction class of industrial zone upgrade transformation project upgrade transformation for residential, and Office, and commercial, business sex uses of, original legal area within part, according to its transformation Hou of function and land right using term to announcement benchmark premium standard calculation should paid of premium, deductions original land uses and the remaining term to announcement benchmark premium standard calculation of premium; increased area part, according to its transformation Hou of function and land right using term to market assessment premium standard calculation should paid of premium.

    City on the old city of Baoan, Longgang districts is provided for handling of the old village project, from its provisions.

    Demolition and reconstruction industrial upgrading project of the class, not according to standard bulletin-price standard full premium partially qualified for personal use; after the completion of the building need to be transferred, transfer of municipal industrial property-related provisions shall apply.

    The 39th article of the article 36th to 38th article other than the State of demolition and reconstruction of such urban renewal projects in accordance with its improved function and duration of land use rights in the land of announcement standard premium payable, deduct the original legal floor area according to the original land use and residual duration of land use right with the announcement of standard land price level of the land.

    Non-commodity nature of real estate to the nature of goods, shall, in accordance with the relevant provisions of compensation paid the appropriate premium.

    40th article implementation of the demolition and reconstruction of right holders should be resolved according to law demolition and reconstruction projects within the scope of economic relations, demolition and removal of buildings and structures on the ground and attached their own structures, and in accordance with the urban renewal unit and assignment of land contract transfer infrastructure, public services and other land, the Government without compensation.

    Other provisions of the sixth chapter

    41st were legally identified as dangerous, the need for demolition and reconstruction of the building, according to the relevant provisions of the management of urban buildings, does not need to be incorporated into the annual planning of urban renewal, not specifically enacted urban renewal plan.

    42nd within urban renewal project of the land, illegal construction should be in accordance with relevant laws, regulations and relevant provisions after receiving treatment in Guangdong Province, and city in order to update objects identified as ownership.

    Within urban renewal projects does not apply for registration, and it is not unlawful or illegal construction of buildings, structures or fixtures shall be determined according to the municipality on registration of real estate rights problems left over by history dealing with relevant provisions of the perfection formalities before they can update objects identified as ownership.

    Article 43rd corners within the urban renewal unit, sandwich, flower arrangements and other incidentals are not state-owned land shall be used in infrastructure construction and public service facilities. Was not planning for the construction of infrastructure and public services, unit can be updated according to the city plan incorporated into renewal, by the Department of urban planning and land management formalities, assigned to the main carrier of its urban regeneration in adjacent plots.

    Sporadic land transfer total area does not exceed 10% of the project area, located in the Hong Kong SAR shall not be more than 3000 square meters.

    44th urban renewal project shall comply with the protection of historical and cultural relics in the laws and regulations, protect historical and cultural relics within the urban renewal.

    Implementing urban renewal not destruction of urban flood control system of urban civil air defense facilities and other city safety system, or functional parts, all is lost.

    Article 45th according to the construction of affordable housing and industrial construction-related requirements, you can construct a certain percentage in the demolition and reconstruction projects of policy space, specific measures shall be formulated separately by the relevant authorities and reported to the municipality for approval.

    46th city updates relating to land, except the shall comply with these regulations, shall also meet the Shenzhen industry guide list of related industries, urban renewal or upgrade policy.

    47th of municipal planning and land authorities according to the provisions of the urban renewal unit, in the assignment of land contract and renewal project proponents agreed to support construction of affordable housing, industrial buildings, infrastructure and public services.

    48th large scale urban renewal projects can be implemented by stages.

    Phased implementation of the urban renewal project timing, planning control, such as indicators of scale by urban renewal plans and planning permission documents.

    Phased implementation of the urban renewal projects shall give priority to infrastructure, public services and fetches for rehousing the owners of buildings.

    49th in the implementation of the urban renewal process should be through the development of green buildings, creating a livable environment, improving energy structure, promoting water and rainwater utilization in strengthening construction waste recycling and other ways to effectively promote energy saving and emission reduction work.

    The seventh chapter by-laws

    50th of the related management and staff in the management of urban renewal in violation of, and shall be subject to administrative liability; a suspected crime, law transferred to judicial organs for handling.

    Subject violations imposed on urban renewal town planning and land management laws and regulations, shall be investigated for legal responsibility according to law. 51st these measures shall come into force on December 1, 2009. These measures prior to the implementation of the relevant provisions is inconsistent with this approach, is subject to this approach.