Shenzhen Provisional And Ad Hoc Building Management Requirements

Original Language Title: 深圳市临时用地和临时建筑管理规定

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(April 4, 2006 Shenzhen Municipal People's Government, the 149th announced as of May 1, 2006) Chapter I General provisions article for consolidation of Shenzhen (hereinafter referred to as the city) the city environment comprehensive treatment combing operations, temporary and ad hoc for strengthening construction management to further standardize the provisional and temporary buildings, protect the legitimate rights and interests of the parties concerned, in accordance with the relevant laws and regulations, combined with the municipality, these provisions are formulated.
    Second temporary sites in these rules refers to construction projects, geological exploration, and much-needed public service facilities needs, agreed upon in the contract for the temporary use of land use State-owned land.
    Temporary buildings mentioned in these regulations refers to units and individuals for production and life had to build the structure simple and must be removed within the prescribed building, structure or other facility.
    For businesses, as well as other short-term use State-owned land for temporary construction, in accordance with the relevant regulations of State-owned land lease; in the lease of city-owned land before the implementation of specific regulations can refer to these provisions.
    Article in accordance with the relevant government departments planning control, function of land conservation, control and protection of the principles of ecological management of temporary land and temporary buildings.
    Article fourth temporary building on the land, by the district under control of the Government, strict management, the principle of punishing those responsible for the approval, management, municipal planning authorities are responsible for inspection and supervision.
    No temporary building on the land, by the municipal planning departments, departments in charge of land according to their respective rights, and management according to law.
    Chapter II provisional fifth temporary use must comply with the following conditions: (a) not included in the city's recent construction plan; (b) does not affect the implementation of urban planning and construction project planning at all levels, (iii) does not affect the immediate plan annual implementation plan and the implementation of the annual land use plan; (d) will not cause ecological damage and soil erosion.
    Sixth temporary sites should be in accordance with the City Planning Department to apply for a temporary license of construction land use planning, and the temporary use of land contracts with the municipal departments in charge of land.
    Issuance of temporary land use permit, the nature, the location, size, number, clearly stipulated.
    The temporary use of land contract shall set forth the land is located, four to scope, area, land use, temporary land use permit requirements and application deadline, temporary land use fees, the rights and obligations of the parties, the provisional construction starts of the termination of the contract and the completion of the term, above-ground buildings, breach of contract and other matters.
    Article seventh provisional term of Shenzhen City, in accordance with the relevant provisions of the Town Planning Ordinance.
    Expiration of temporary sites, municipal departments in charge of land resumption of land into a land bank.
    Eighth temporary temporary construction of the ground term and temporary sites have the same term, expires you will have to dismantle, and expenses shall be borne by the users.
    Nineth article in temporary with to using term within occurred following case one of of, city land competent sector can decided will temporary with to ahead of recovered: (a) with to units or personal illegal using the temporary with to of; (ii) for implementation city planning of need; (three) for implementation land using annual plans of need; (four) for rescue relief of need; (five) legal, and regulations provides of other situation. The preceding paragraph (a) call the temporary sites, not compensation.
    Other cases shall be handled in accordance with the relevant laws and regulations. Third chapter temporary building tenth article except construction project construction, and geological exploration and needed of public service supporting facilities need outside, has following case one of of, shall not construction or approved construction temporary building: (a) has included city recently construction with to, and green, and square, and village in the (old village) overall construction and demolition transformation range and the recently need laid municipal pipeline of sections; (ii) public service facilities and municipal public facilities with to range within; (three) effect flood control, and flood of; (four) pressure accounted for city to drainage, and power, and telecommunications, and
    Underground utilities such as gas, and (v) of geological disaster in the danger zone; (vi) downtown district, Baoan Center district and Longgang town center within; (VII) use of incompatible land use defined in the General plan and (VIII) other circumstances as stipulated by laws, rules and regulations.
    Qian paragraph subsection (six) items downtown district refers to North to Lotus road, South to Riverfront road, East caitian road,, West to Xinzhou road, by surrounding collection of regional; Baoan Center district refers to is located in, Baoan district, Baocheng tablets district, Northeast Pro Baoan Avenue, Northwest Pro xinan six, Southeast across SAR second-tier and, Nanshan District, adjacent, Southwest surface sea; Longgang Center City refers to Dragon Grand Road South, Dragon Avenue West of, machine load highway north of, Shenzhen and Dongguan make line east of of regional.
    Article 11th temporary building on the land, in addition to room for construction projects within the red line construction, should apply to the District Government for the temporary construction project planning permit procedures.
    Residential demand for additional temporary buildings, in should be carried out before the publicity or organizing hearings and based on the views of the residents decide whether to license.
    12th provisional or temporary structures on the land, in front of the temporary construction project specific planning approval procedures, should adopt the provisional construction project design review. 13th of municipal planning authorities issued no temporary construction project planning permit on land, the District Government issued temporary construction project planning permit on land.
    Temporary license file used to cope with temporary buildings of construction project planning, location, area, surface, elevation, height, color, structure, duration and so on clearly defined.
    Temporary buildings without changing the nature of. 14th temporary building design, construction, bidding activities should comply with the relevant laws, rules, regulations and technical standards requirements.
    Specific management measures shall be formulated separately by the relevant functional departments.
    Temporary buildings shall not be reinforced, such as permanent structures. 15th for temporary construction, must deal with water, drainage, sewerage, traffic, ventilation, lighting and other aspects of the adjacent relationship.
    Causing obstruction or damage to adjacent, shall stop the infringement, eliminate the obstruction and compensate for the damage. 16th temporary buildings for commercial operation, carried out by the approved construction of the unit and acceptance of planning.
    Acceptance, to the provisional acceptance certificate of construction planning.
    Temporary construction plan acceptance certificates should be set out in the temporary buildings that use nature and the use of the term.
    Supervision and administration of the fourth chapter 17th of municipal departments in charge of land and city planning departments and District Government in accordance with their respective administrative rights to set up a temporary account and temporary buildings, achieve dynamic management.
    Article 18th comprehensive urban management enforcement of temporary land use activities and temporary construction supervision and inspection, municipal planning departments, municipal departments in charge of land should be supervised.
    Municipal planning authorities, the land authorities and districts, the Government should set up temporary sites and temporary buildings telling each other the mechanism of administrative licensing.
    Article 19th provisional, temporary buildings shall not handle registration of real estate rights.
    Temporary, temporary building may be sold, mortgaged, Exchange and donation.
    Article 20th construction of temporary buildings or commercial operation activities in accordance with law, units or individuals when you apply for a business license to the industrial and commercial administrative departments must produce a provisional acceptance certificate of construction planning and fire verification documents.
    21st temporary buildings should be in its prominent position signs.
    Signs shall include the following elements: owner and legal representative; temporary planning permission for construction documents, temporary construction project plan name and number of the license file; land area and building area; use the nature and use of the term.
    Signs produced by the comprehensive urban management enforcement departments, and the acceptance of front suspension.
    Without authorization, no unit or individual is allowed to destroy or change sign.
    22nd construction of temporary housing and the sale of commercial housing Sales Office of the service model, and must be removed prior to the acceptance of construction project planning itself. Article 23rd temporary buildings on the land must be approved by the removal of prior to the expiration.
    Removal of expired does not, consists of comprehensive urban management enforcement departments shall be torn down or apply to a court for mandatory enforcement according to law. 13th 24th fifth chapter legal liability for breach of the provisions of the second paragraph of article, consists of comprehensive urban management enforcement according to law shall be ordered to correct and fined a maximum of individual project construction cost more than 10% 15%.
    It fails, torn down according to law.
    25th article violates this article 21st, consists of comprehensive urban management enforcement according to law shall be ordered to correct, and fined a maximum of between 3000 and 1000 Yuan.
    Article 26th illegal temporary and illegal temporary structures, composed of comprehensive urban management enforcement in accordance with applicable laws, rules and regulations shall be investigated and dealt with.
    27th party to specific administrative acts of the Administrative Department may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    28th of municipal planning departments, municipal departments in charge of land, the District Government, comprehensive urban management enforcement and its staff in the implementation of this provision are in violation of, no units or individuals may report and sued by the relevant authorities to investigate and punish.
    Sixth chapter supplementary articles article 29th allocation of the land, rent, pricing, investment, or a stake in the State-owned land on the temporary building by the Municipal Department in charge of land management and city planning departments in the light of the provisions.
    30th following temporary buildings shall not apply to the provision by relevant departments in accordance with the relevant provisions of law and rules and regulations for management: (a) temporary buildings and structures for emergency rescue and disaster relief, (ii) does not change the terrain, landforms, and no damage to vegetation, using the structures of the period not exceeding one month, (iii) other circumstances as stipulated by laws, rules and regulations.
                                                                      31st article this provision come into effect May 1, 2006.