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

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(April 28, 2005 Executive meeting of the Nanning municipal people's Government to consider May 23, 2005 by Nanning Government 32nd release come into force on the date of promulgation) municipal people's Government in accordance with the People's Republic of China Law on administrative licensing and other legal provisions and regulations, decisions on the private housing construction in Nanning city planning administrative policy as follows: first, the 22nd "after completion of the construction of private houses, must present the relevant certificate information,
    To the relevant administrative departments of urban planning and land administration authority for the acceptance, acceptance of qualified before the respective real estate administrative departments administrative authority home ownership and land registration and land registration formalities for the issuance of "amended to read" 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. Second, 27th "illegal construction, urban planning and administrative authorities may be ordered to stop construction. The unit or individual units received to stop construction and construction notice to proceed, city planning administrative departments the power to stop and can notify power supply power supply, water supply, the water supplies Department to stop construction, relevant departments shall coordinate the implementation of the "amended to" illegal construction, urban planning and administrative authorities may be ordered to stop construction.
    The unit or individual units received to stop construction and construction notice to proceed, city planning administrative departments should take measures to stop authorities shall cooperate ".
    In addition, the part of the text has been modified.
    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. Attached:, Nanning city, private housing construction planning management approach (2005 amendment this) (July 26, 2000 City Government makes 36th, released, according to May 23, 2005, Nanning city, Government on modified straddling, Nanning city, private housing construction planning management approach of decided Amendment) first chapter General first article for strengthening, Nanning city, city planning district (containing city's County County City general planning district) range within private housing construction planning management, ensure city planning of implementation, gradually improved live 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 article sixth of planning control in private housing construction town planning applications within the area of private housing construction, 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. Eighth article according to following principles, by city planning requirements on private housing construction for control: (a) recently has included city transformation or development and released demolition announcement of regional, not allows for private housing construction; (ii) suburb farmers private housing construction and in rural retained live with to (that village live with to) within for private housing construction of, must insisted unified planning, and supporting construction of principles, guarantee the construction meet city planning requirements; (three) village in the, and Urban and rural combined Department and city main road sides old village of private housing alterations, and expansion, and reconstruction, in principle to for old village transformation planning rear can by planning construction, guarantee Village Road, and housing spacing, and layer number and village environment meet city planning requirements; (four) following regional within of private housing construction only allows by original housing ownership card Shang indicate of area, and layer number for alterations, and strictly control in four layer following (containing four layer), total height shall not over 14 meters (± 0.000 elevation began is): 1, and Chinese road and the extension, and bianyang Street, and meaning loyalty Street, and jiangbin road, and Riverside Street, and River Road, and rehabilitation road, and education road, and Star Lake Road, and Park Lake Road surrounding collection regional within and yongjiang River on both sides of, and South Lake around 100 meters control district range within; 2, and 60 meters above (containing 60 meters) planning road red yiwai sides the 80 meters range within; 3, and 40 meters (containing 40 meters) – 60 meters (not containing 60 meters) planning road red yiwai sides the 60 meters range within; 4, and 20 meters (containing 20 meters) –
    40 m (excluding 40 meters) 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 original housing ownership card Shang indicate of layer number over three layer of, can appropriate relaxed, but must control in four layer following (containing four layer), total height shall not over 14 meters (± 0.000 elevation began is); (six) except (a), and (four), and (five) yiwai of regional range within of private housing construction, strictly control in four layer following (containing four layer), total height shall not over 14 meters (± 0.000 elevation began is).
    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, (ii) the main road: planning beyond the red line 25 m on each side; (c) the secondary roads: planning beyond the red line 15 metres on each side.
    12th through old villages, towns and roads for construction of private houses must be according to the following requirements compromise planned red line Highway: (a) national road and expressway: 12 m or more; (b) the main roads: more than 10 meters and (iii) 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 implementation of private housing construction planning section 15th private house-building in the area of planning and management of urban planning, implemented by the Department of City Planning Administration construction land use planning permits and construction project planning permit system. 16th article in city planning district within new private housing handle construction with to planning license of program: (a) construction personal to city planning administrative competent sector received private housing construction with to planning application table, truthfully fill in and by requirements to where village (home) Board will, and Xiang (town) Government signed views, stamped seal Hou, holding about approved file, and account this, and ID, to city planning administrative competent sector application handle construction with to planning license; (ii) city planning administrative competent sector according to city planning requirements,
    Approved with to specific location and boundaries, issued construction with to planning license; (three) construction personal made construction with to planning license Hou, to land management sector application handle with to procedures; (four) construction personal holding construction with to planning license, and land using card, and private housing construction engineering planning application table, and account this, and ID and topographic maps to city planning administrative competent sector proposed construction application. 17th article in city planning district within application private housing construction, handle construction engineering planning license of 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 the competent administrative Department for urban planning, (ii) verification by the urban planning administrative departments, following the delineation of the building line, construction drawing design according to requirements and (iii) after verification by the Administrative Department of urban planning construction, to meet the requirements of urban planning, construction project planning permit. 18th article in city planning district within demolition back built district (containing farmers Homestead back built district) and private Homestead development project district within new private housing, handle construction with to planning license and construction engineering planning license of program: (a) by demolition back built units or development company holding national approved construction project of about file, and information to city planning administrative competent sector proposed construction with to planning Sentinel application; (ii) city planning administrative competent sector accepted units provides of file information complete, and by verification approved Hou, Location and boundaries of the approved construction projects, 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) unit 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; (v) unit with 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.
    City planning administrative competent sector according to city planning requirements, proposed building programme planning design points; (six) design programme reported city planning administrative competent sector audit approved Hou by units unified requirements Organization building construction figure design, by approved Hou can for standard unit of construction figure; (seven) city planning administrative competent sector by verification units provides of construction figure, meet city planning requirements of, issued construction engineering planning license;
    (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 article design, and construction units and the about management sector must by following provides identification planning figure pieces: (a) design units bear architectural design task Shi, must identification city planning administrative competent sector approved of planning design conditions and planning requirements, about figure pieces; (ii) construction units in contracting construction engineering business Shi, must identification construction engineering planning license, approved of figure pieces; (three) building management sector in approved construction Shi, must identification construction engineering planning license.
    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 26th liability under any of the following circumstances, it is an offence for construction. (A) without city planning administrative competent sector approval, and sent card, unauthorized in city planning district within new, and alterations, and expansion (containing added layer), and reconstruction and circle hospital, and take shed of; (ii) is by approval, and sent card, but not by approval requirements construction, unauthorized change building location, increased area, and layer number, and height and the balcony, and rain canopy, and eaves mouth, hanging pick body of; (three) without original approval of city planning administrative competent sector approved, unauthorized change building using nature of; (four) take hide, and
    Construction of deception cheat approved license. 27th for illegal construction, urban planning and administrative authorities may be ordered to stop construction.
    The unit or individual units received to stop construction and construction notice to proceed, city planning administrative departments should take measures to stop shall cooperate with related departments.
    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 article on constitute illegal construction of construction units or personal, city planning administrative competent sector according to following provides be punishment: (a) on following serious effect city planning of, deadline demolition or be confiscated: 1, and occupation City Road (Highway, and square) red with to, effect city traffic of; 2, and occupation fire channel, endanger fire security of; 3, and pressure accounted for city to drainage tube (Canal) road, and power telecommunications, and gas pipeline, facilities, effect its using, and maintenance and security of; 4, and Occupation city rivers Lake Tang water and protection range, effect flood and drainage of; 5, and occupation city public green, and scenic (points), and Park and the heritage protection units, planning range, effect garden green recently construction and landscape of; 6, and unauthorized expanded homestead for construction (containing outdoor stairs, and simple hut and wall), effect city planning of; 7, and violation this approach eighth article of (a), and (four), and (five), and (six) items of provides, unauthorized super high added layer of; 8, and violation this approach Nineth article, and 11th article, and
    Article 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 may order the removal, restored to its original condition.
    Removal of provisions is not removed within the period, urban planning administrative departments can be removed and the cost of demolition, borne by the construction entity or individual.
    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.
    Fifth chapter supplementary articles article 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.