Kunming City, Rural Housing Construction Management Approach

Original Language Title: 昆明市农村住宅建设管理办法

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(On March 22, 2008 Kunming Government 77th times Executive Conference considered through on April 14, 2008 Kunming Government makes 79th, announced since on June 1, 2008 up purposes) first article for specification I city rural residential construction management, improved production, and life environment, promote save, and intensive with to, according to People's Republic of China urban and rural planning method, and People's Republic of China land management method, about legal, and regulations of provides, combined I city actual, developed this approach.
    Follow the unified plan, focus on rural housing in article building, intensive land use, convenient, enabling production of life principles, along the lines of building a new village, to replace the old village, the implementation of planned construction.
    Banned in basic farmland conservation area, a primary water source protection areas in the construction of rural residences.
    Third article Kunming city planning determine of construction with to range within of town, and Xiang, and village not separate prepared town, and Xiang, and village planning, into Kunming city planning; the County (City) district city (town) planning determine of construction with to range within of Xiang, and village not separate prepared Xiang, and village planning, into the County (City) district city (town) planning.
    Other than those provided for in the preceding paragraph, shall prepare a plan of the village, village planning.
    Fourth rural housing should be in accordance with the Kunming urban planning, town planning, town planning and village plan called for building, and in accordance with the General plans for land use, land-use planning and requirements for environmental protection, protection of Dianchi Lake.
    Town, town and village has been produced plans or does not comply with the Kunming urban planning and the planning of towns, townships, villages, not construction of rural residences.
    Fifth article Kunming city planning determine of construction with to range within and the County (City) District Government location of city (town) planning determine of construction with to range within of rural residential, ban construction lower joint poses and single households detached type residential, should according to city residential mode concentrated construction multilayer or in the, and senior building, its construction with to total area according to each households not over 100 square meters standard measuring.
    Sixth article in this approach fifth article provides regional yiwai of rural residential, can construction lower joint poses and single households detached type residential, construction with to total area according to each households not over 120 square meters, residential floors not over 4 layer, building height and layer high shall not over planning approved of height, area not over 300 square meters implementation; is mountain, and mid-levels of, each households construction with to total area can appropriate relaxed, but shall not over 150 square meters. Seventh rural housing construction should be planning to use the original homestead and idle land, reservation of rehousing land in the village.
    Rural residential building involves use of collective agricultural land, farmland formalities shall be in accordance with the relevant provisions of the law. Eighth article rural residential using original homestead for repair of, should according to "original based, and original area, and original layer number" for repair, and meet following requirements: (a) 5 years within village no overall transformation; (ii) not effect village of integrated regulation and village of public facilities, and municipal facilities construction; (three) village within has planning road red of, concession planning road red not is less than 1.5 meters, no planning road red of main road, residential outside wall surface (containing pick row balcony, and rain canopy, and
    Step, outer edges) shall not exceed the vertical projection status quo road rim; (d) meet the requirements of specification for the buildings ' fire (v) meet the requirements of sunshine distance and residential exterior wall (including pick rows of balconies, canopies, stairs, outer edges) shall not exceed the vertical projection of the Homestead line. Nineth article according to this approach fifth article provides to city residential mode construction rural residential of, village (home) people Committee, and rural collective organization for building applicants, should by following program handle approval procedures Hou, party can construction: (a) building application by village (home) people Conference through Hou, publicity 10th, no objections of, holding village (home) people Conference through of building application, and village (home) people account proved file, and intends built location and no room households situation description and now village with to disposal views to location subdistrict offices or Xiang , And town Government proposed application; subdistrict offices or Xiang, and town government made whether agreed construction of written views; (ii) holding subdistrict offices or Xiang, and town Government of written views to location development and reform administrative competent sector handle project approved procedures Hou, holding project approved procedures, related material to location urban and rural planning administrative competent sector handle construction project location submissions; (three) holding construction project location submissions Home construction land in land and resources administrative authority approval or collective construction land use right after the registration to the urban planning administrative departments to get the planning permit for construction.
    Involved occupied agricultural to of should handle agricultural to switched to approval procedures; (four) delegate has qualification of planning design units prepared built sex detailed planning or construction design programme, reported location urban and rural planning administrative competent sector handle construction engineering planning license; (five) holding location urban and rural planning administrative competent sector approval signed chapter of drawings, and file and by review qualified of building construction figure, to location construction administrative competent sector handle construction engineering construction license. Tenth article according to this approach sixth article provides construction lower joint poses and single households detached type rural residential of, by following program handle approval procedures Hou, party can construction: (a) building applicants to account location of village (home) people Committee proposed written application, by village (home) people Committee for discussion agreed Hou, publicity 10th, no objections of, by application people holding village (home) people Committee through of building application, and village (home) people account proved file, and
    The proposed location and houseless description as well as the land disposal of the village make an application to the local township government, (ii) audited by Township and town people's Governments agreed that handling the rural construction planning permits and starts after approval, land and resources administration authority, where registration of collective construction land use warrants. 11th article according to this approach eighth article provides in Kunming city planning determine of construction with to range within and the County (City) District Government location of city (town) planning determine of construction with to range within using original homestead for repair rural residential of, repair applicants should by following program handle: (a) to village (home) people group and village (home) people Committee proposed application; (ii) village (home) people Committee agreed Hou,
    By village (home) people group unified holding village (home) people Committee agreed of proved file and land resources administrative competent sector issued of Homestead, proved file, and construction figure (2 layer above building must has qualification design sector signed chapter of construction figure) to location urban and rural planning administrative competent sector handle construction engineering planning license; (three) made construction engineering planning license Hou, also should to construction administrative competent sector handle construction engineering construction license.
    The regional scope of repairs using original homestead, repairs to the applicant directly to the seat of township and town government handling of the rural construction planning and construction approval. 12th Nineth provides construction of rural residences according to these measures, the construction unit shall, before acceptance rural housing, to local urban planning administrative departments to apply for verification of construction project planning, conform to the approved plan documents and drawings, planning approval documents issued by the competent administrative Department of urban and rural planning, before final acceptance.
    Without planning approval document, not for acceptance.
    The 13th article tenth construction of rural residences according to these measures, building the applicant shall within 60 days after acceptance of the relevant acceptance information Township and town people's Government for the record. 14th on residential land and apply for new rural residential land shall be on the card at the back of the application restore procedure for residential use.
    Former residential land shall be six months from the date of completion of new homes built to return, fails to refund, processed under the illegal occupation of land, demolition of original House, handed over to collective management.
    The 15th for the collective construction of rural residential land, in accordance with the statutory procedures registration procedures for land acquisition for approval to state-owned construction land, their dwellings into the scope of urban house ownership management, real estate administrative departments according to the Kunming city housing management authority in the registration regulations, provisions of the housing management authority in the registration and issue of house ownership.
    16th city, County (City) area of town and country planning, land resources, construction, housing, environmental protection, Yunnan and other administrative departments should formulate rules for its implementation in accordance with their respective responsibilities, responsible for management of housing construction in rural areas. The 17th article in accordance with the principle of territorial management, the village (neighborhood) Committee on rural housing construction within their jurisdiction has a regulatory responsibility.
    Not according to the approved documents construction or unauthorized housing construction in rural areas, to stop and to the County, town and County (City) relevant departments report.
    18th Street Office and township and town people's Governments shall be responsible for tracking supervision and management of rural residential area, right in accordance with approval documents construction or unauthorized housing construction in rural areas, to stop and investigate and punish according to law, and to the local counties (cities) and districts report thereon to the relevant functional departments.
    19th article violates these measures unauthorized housing construction in rural areas, or not in accordance with the provisions of the residential construction in rural areas, by the town and country planning, land resources, construction, real estate and other related administrative departments and township people punished in accordance with relevant laws and regulations of the Government.
    The 20th State personnel in the management of rural housing construction negligence, abuse of power, favoritism and constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
                                                              21st article this way come into force on June 1, 2008.