Article 1 In order to further promote and standardize the construction of new rural housing, improve the living conditions of rural residents, and intensively use land, according to the Land and Land Management Law of People's Republic of China (PRC), the Urban Planning Law of People's Republic of China (PRC), and the Opinions of Zhejiang Provincial Department of Land and Resources on Further Strengthening the Management of Rural Homestead (Z.T.F. [2005] No.94) and other laws, regulations and policies,
Article 2 The term "new rural housing construction" as mentioned in these Measures refers to the behavior of rural residents to transform, dismantle and build new houses according to the detailed planning of community control and village construction.
Article 3 The housing construction in new countryside must follow the principle of "people-oriented, adapting to local conditions, scientific planning, intensive land use and steady progress".
Article 4 Under the unified leadership of the Municipal People's Government, the office of the Municipal Leading Group for New Rural Construction (hereinafter referred to as the New Rural Village Office) is responsible for the guidance, the Town People's Government and sub-district offices (hereinafter referred to as the Town Street Office) are responsible for the organization, and village-level organizations are responsible for the specific implementation; City land resources, planning, construction and other administrative departments shall perform the administrative functions involved in the construction of new rural housing in accordance with their respective responsibilities.
Article 5 The municipal government specially arranges the index and quota of agricultural land occupied by new rural housing construction every year, and decomposes them into towns and streets according to the actual needs of towns and streets, standard farmland construction, rural construction land consolidation, and increasing the effective cultivated land area. Towns and streets should make overall arrangements, formulate annual plans, determine the implementation targets, and organize the implementation in batches and in a planned way according to the agricultural land indicators and quotas issued by the municipal government.
Chapter II Construction Conditions and Planning
Article 6 The total scale of land used by village-level organizations consists of the land area of the object of construction land examination and approval (including the area that can be increased), the land area required for legal housing compensation of members of non-village-level organizations and the area that needs planning, control and protection (specifically subject to examination and approval).
Article 7 The village construction plan shall conform to the overall land use planning, the overall urban planning and the urban-rural integration community layout planning, and be scientifically compiled according to the detailed community control planning, the overall land use scale and relevant norms, and specifically implemented according to the following standards:
(1) The per capita planned land for the approved construction land shall not exceed 90 square meters, of which the per capita construction area of public facilities shall not be less than 1.5 square meters;
(two) the village building density in the urban planning area does not exceed 27%; Villages outside the urban planning area can appropriately relax the building density according to the actual situation, but the maximum is not more than 35%;
(3) The plot ratio should be controlled within 1. 1;
(4) The cornice height of the vertical building shall not exceed13m;
(five) actively encourage the construction of multi-storey and high-rise level suites, and the use of multi-storey and high-rise level suites can appropriately increase the building volume ratio and reduce the building density (specific standards shall be formulated separately).
Eighth village construction planning should reflect the local characteristics, cultural characteristics and characteristics of the times, and should do a good job in the protection of ancient buildings, modern memorial buildings, military facilities, surveying and mapping signs, religious sites, cultural relics, precious ancient trees and other relics. The above-mentioned planned protected areas are included in the total land use scale.
Article 9 Village-level organizations can determine their own implementation plans, step-by-step implementation plans and the proportion of multi-storey, high-rise horizontal suites, vertical houses and other types of houses according to the approved implementation rules, and report them to the municipal land and resources, planning administrative departments and new agricultural villages for the record after the approval of the town street. If it is implemented step by step, the planned indicators of different batches should be connected; The use of multi-storey, high-rise suites, should be set up according to the needs of large, medium and small huxing, and implemented first.
Article 10 Towns and streets shall, according to the layout planning of urban and rural integrated communities, apply to the municipal planning administrative department for planning and design conditions, entrust qualified planning and design units to prepare detailed plans for community control, and report them to the municipal planning administrative department for examination and approval; The regulatory detailed planning of residential area focuses on planning road network, water supply and drainage, third line, public facilities, etc. , and the residential adoption mode and architectural style should be coordinated. Towns and streets should determine the location and scope of village construction according to the detailed planning of community control and the total scale of land used by village-level organizations, and after unifying the opinions of village-level organizations in the community, try to keep houses that can be connected with the planning as much as possible.
Chapter III Application and Approval of Construction Land
Eleventh village organizations for land approval of the following personnel:
(a) the village organization has registered members;
(2) conscripts and non-commissioned officers who were members of village-level organizations before military service;
(3) Full-time college students who are members of village-level organizations before entering school; (four) the reformed personnel who were members of village-level organizations before being reeducated through labor.
Article 12 Both husband and wife are registered members of this village-level organization, and have received the honor certificate of the only child and other laws, regulations and policies that can increase the number of families that arrange land for building, and increase the standard arrangement of one person.
The object of the approved construction land shall be approved by the villagers' meeting, and the standard arrangement of one person may be increased in the following circumstances:
(1) Unmarried persons over 20 years old (excluding divorced persons);
(2) Married childless families;
(3) conscripts, non-commissioned officers and full-time college students who are members of village-level organizations before entering school, are married and childless, and their spouses are members of village-level organizations;
(four) the reformed person was a member of the village organization before reeducation through labor, married without children, and his spouse was a member of the village organization;
In addition to the above, the construction land shall be arranged by the registered personnel themselves. Increase the arrangement of family housing land, the total area of housing land does not exceed 140 square meters. Those who have enjoyed the homestead approval policy may not build homesteads in the place where they move because of marriage and other migration in the future.
Thirteenth construction land approval object per capita construction area standards, in line with the total scale of land use and related planning indicators, the village organization held a villagers' meeting to study and determine, reported to the local town for approval, land and resources administrative departments for the record. After the approval of the land for building by family members, joint construction should be carried out. If the total area of legal old houses owned by family members who have been approved for construction land exceeds the approval standard, the excess part shall be arranged according to the ratio of 1:0.7, but the total area of family members who have been approved for construction land shall not exceed140m2.
Fourteenth due to internal family division, gift, inheritance, resulting in the construction land examination and approval of the existing old house area is insufficient for the examination and approval standards, construction land examination and approval should be combined with other members; The area of the old house owned by the construction land approval object exceeds the approval standard, and other family members do not meet the approval standard, so it will not be supplemented.
Fifteenth within the scope of the village organization, the legal house owned by the construction land examination and approval object has been sold, given to others or sealed up or auctioned by the judicial department according to law:
(1) If the remaining legal houses still exceed the examination and approval standards, the excess shall be arranged according to the actual ratio of 1:0.5, but the maximum total construction area of family members shall not exceed 1.26 square meters.
(two) the remaining legal housing is insufficient for examination and approval standards, and the housing is arranged according to the actual arrangement or grade according to the remaining legal housing area. If a level room is adopted, and the actual total construction area of family members is less than 1 person, and the actual registered number is 3 or less, a level suite within 108 square meter can be arranged; If the building area is more than 1 person but less than 36 square meters, and the actual registered number is 3 or less, a horizontal suite within 126 square meters can be arranged; Covering an area of more than 36 square meters or less than 36 square meters, but actually registered 4 people or more, you can arrange a horizontal suite within 144 square meters.
(three) no housing, according to the level of family care arrangements. For registered families with 3 persons or less, a flat suite with a building area of 108 square meter will be arranged, and for families with 4 persons or more, a flat suite with a building area of 126 square meter will be arranged.
Sixteenth with the consent of the villagers' meeting, the demolition of legal houses owned by non-members of villagers' organizations can adopt economic compensation, horizontal or vertical housing compensation:
If the original old building covers an area of less than 108 square meters, it shall be arranged according to the ratio of 1: 1; Covering an area of less than 36 square meters, it should be built together or compensated according to the level suite. Compensation for horizontal suites can be arranged according to the ratio of the original construction area 1: 3 combined with the nearby area; Where the building area exceeds 108 m2, the excess part shall be arranged in the ratio of 1: 0.5, but the maximum area shall not exceed 126 m2. To take economic compensation, the specific standards shall be formulated by the village-level organizations, and the expenses shall be borne by the village-level organizations, and shall be clearly defined in the implementation rules. The saved construction land can be used within village-level organizations.
Legal houses owned by non-members of villagers' organizations are sold, given to others or sealed up or auctioned by judicial departments according to law. When approving the compensation scheme, the remaining legal houses shall be merged with the area that has been sold, given to others or sealed up and auctioned by the judicial department according to law. If the legal houses owned by members of non-village organizations are divided, donated or inherited within the family, they shall be reviewed according to the original legal old house area.
Seventeenth construction land approval and old house demolition. Members of village-level organizations that have not signed the original house demolition agreement will not accept the application for construction land; Village-level organizations that have not completed the original house demolition will not be designated to pay off, and applications for the next batch of construction land will not be accepted.
Eighteenth village-level organizations approved the occupation of agricultural land for a full year without the implementation of specific land use behavior, the corresponding deduction of the town street next year's new rural housing construction occupation of agricultural land indicators and quotas; If the specific land use behavior has not been implemented for two years, the corresponding indicators and quotas shall be deducted, and the village-level organizations shall be ordered to resume farming.
Chapter IV Organization and Implementation
Article 19 Village-level organizations shall give priority to the implementation of new rural housing construction within the scope of existing construction land in the village according to the plan, and may appropriately relax the relevant planning control indicators. If it is implemented in stages, the village-level organization should specify the phased implementation plan, object generation method and specific steps. The production of each batch of objects should fully respect the wishes of the masses and be determined in an open, fair and just manner.
Twentieth new rural housing construction according to the following procedures:
(1) investigation and verification. Village-level organizations should widely publicize, thoroughly investigate and count the total population, the objects that can be arranged, and non-agricultural personnel with legal property rights. , understand and statistics of the current situation and property rights of old houses, and register.
(2) Determine the total scale of land use. Village-level organizations should calculate the total scale of new rural housing construction land, formulate land use plans and implementation plans, and report them to the municipal administrative department of land and resources for approval after being audited by the town. Considering the planning space and other factors, conditional villages can increase 10% on the basis of the approved total planned land area for construction land, and include it in the total land scale.
(3) Formulating detailed rules for implementation. Village-level organizations shall, in accordance with laws, regulations and policies, formulate detailed rules for implementation, and clarify the total population, per capita construction area standards, housing types, resettlement methods, implementation plans, demolition of old houses, construction land arrangement methods, etc. After deliberation and approval by the villagers' meeting, it shall be reported to Zhenjie for approval. After approval, the detailed rules for implementation shall be reported to the municipal administrative department of land and resources and planning and the new rural office for the record.
(4) planning. Village-level organizations shall entrust the preparation of village construction planning according to the detailed planning of community control, the scale of total land use and the type of houses. , discussed and approved by the villagers' meeting, reviewed by the town street and urban planning management department, submitted to the municipal government for examination and approval, and announced by the town street after approval.
(5) Application for construction land. Village-level organizations included in Jie Zhen's annual plan apply to Jie Zhen for construction land with approved planning, detailed rules for implementation, land use plan, old house demolition agreement and application materials. , audited by the administrative department of land and resources of Jie Zhen, and reported to the municipal government for approval. If agricultural land is not occupied, a one-time application can be made.
(6) Demolition of old houses. Village-level organizations shall complete the demolition of old houses after the approval of construction land and before the start of new house construction.
(7) Building new houses. Village-level organizations should apply for building procedures in accordance with the law. After the acceptance of the old house demolition, the town street will pay off the line, and in the urban planning area, the city planning management office will pay off the line and organize the implementation according to the plan. Village roads, water supply and drainage, sewage treatment facilities, greening and other supporting facilities will be implemented simultaneously with the fa? ade of the new house as planned.
(8) Registration and certification. City comprehensive administrative law enforcement departments and township organizations should strengthen the service, supervision and management of new rural construction. After the completion of the new house, the local town street, the comprehensive administrative law enforcement department and the planning management office will conduct on-the-spot inspection on whether the land is planned, whether the supporting facilities and the fa? ade of the new house are planned and constructed, and those who pass the acceptance will be registered and issued according to the application.
Twenty-first housing construction should be unified in design, supporting and management, and unified construction should be encouraged. Unified construction shall be subject to public bidding.
Chapter V Demolition of Old Houses and Fund Management
Twenty-second new rural housing construction should earnestly safeguard the legitimate rights and interests of property owners. Village-level organizations should hold villagers' meetings to decide whether to make economic compensation for the demolition of old houses and the recovery of homesteads exceeding the approved amount. Specific compensation standards should be stipulated.
Twenty-third old house property rights to the "land use right certificate" registered construction area shall prevail. Demolition of legal houses that exceed the approval limit and have not issued land use right certificates shall be measured by the land and resources department, and the source of property rights shall be determined according to the audit. Demolition of a legal house that does not exceed the approval limit standard and has issued a "land use right certificate" shall be registered by the village Committee in accordance with the certificate, and the land and resources department will no longer confirm it; Demolition of illegal buildings and temporary buildings will not be confirmed and compensated.
Twenty-fourth demolition of houses with unclear property rights, the original evidence of the house must be handed over to the notary office for preservation; Demolition of * * * houses with property rights shall be demolished after the owners of * * * reach an agreement; The demolition of mortgaged houses shall be carried out in accordance with the relevant laws and regulations of the state.
Twenty-fifth village organizations and the demolition should sign a written agreement on house demolition. After the signing of the agreement, the demolished person will hand over the original land use certificate and house ownership certificate to the village-level organization, and go through the formalities of cancellation of property rights in the issuing department, and complete the relocation within the prescribed time limit. Village-level organizations should complete the demolition of old houses before the new houses are put out.
Article 26 the fees charged by village-level organizations in the construction of new countryside shall be earmarked for special purposes and included in the management of condominium accounts of towns and streets, giving priority to the construction of infrastructure such as roads, water supply and drainage, greening and public construction; Accounts should be charged separately, posted regularly, and subject to supervision by the masses.
Twenty-seventh towns, streets and village organizations should establish and improve the file system, strengthen the management of new rural construction files and materials. Archives include: approval documents, planning and construction plans, demolition agreements and other materials related to new rural housing construction.
Twenty-eighth actively encourage village organizations to save land. Planning allows, save the construction land by the villagers' meeting agreed and submitted for approval according to law, can be publicly sold by the municipal administrative department of land and resources. Village-level organizations outside the urban planning area complete the construction of new rural housing according to the plan within the existing construction land. If the newly occupied agricultural land is converted into construction land, the saved construction land will be used to subsidize infrastructure construction according to 100% of the local disposable part obtained from the transfer; According to the scale of the total land used by village-level organizations to implement new rural housing construction, but the newly occupied agricultural land needs to be converted into construction land, 70% of the saved construction land will be used to subsidize infrastructure construction according to the local disposable part obtained from the transfer. Village-level organizations outside the built-up area of urban planning area have completed the construction of new rural housing according to the plan within the existing construction land. If the newly occupied agricultural land is converted into construction land, 80% of the saved construction land will be used to subsidize infrastructure construction according to the local disposable part obtained by the transfer; According to the scale of the total land used by village-level organizations to implement new rural housing construction, but the newly occupied agricultural land needs to be converted into construction land, the saved construction land will be used to subsidize infrastructure construction according to 60% of the local disposable part of the transfer income.
Where the planning indicators related to saving construction land exceed the provisions of these measures, the subsidy standards shall be formulated separately.
Twenty-ninth administrative fees related to the construction of new rural housing, the city has the right to reduce, according to the standard lower limit of 50% charge, service charges according to the principle of capital preservation.
Chapter VI Supplementary Provisions
Thirtieth before the promulgation of these measures, the village-level organizations that have approved and started the construction of new rural housing according to law; Or the village construction planning, implementation rules and household approval of village-level organizations have been approved. Except for the reserved land for new rural housing construction, the rest of the land has been requisitioned according to law, which can be implemented according to the original approved plan.
Thirty-first after the promulgation of these measures, the village-level organizations that have been approved for planning need to make planning adjustments, and the relevant expenses required for planning adjustments shall be borne by the towns and streets where they are located.
Article 32 These Measures shall come into force as of July 5, 2006. Document Yizheng [200 1] 1 13 shall be abolished at the same time.
Thirty-third approach by the Legislative Affairs Office of the municipal government is responsible for the interpretation of.