The Township People's governments, sub-district offices and units directly under the municipal authorities:
"Ningxiang rural villagers housing construction management approach" has been agreed by the Municipal People's government, is issued to you, please follow carefully.
Ningxiang Municipal People's Government Office
March 3(rd), 2020
Measures for the administration of rural villagers' housing construction in Ningxiang City
Chapter I General Provisions
Article 1 In order to further strengthen the management of rural villagers' housing construction, ensure the quality and safety of rural villagers' housing construction, improve villagers' living environment and safeguard villagers' legitimate rights and interests, these Measures are formulated in accordance with relevant laws and regulations and combined with the actual situation of our city.
Article 2 These Measures shall apply to the construction activities, supervision and management of rural villagers' new construction, renovation and expansion of rural housing within the administrative area of this Municipality.
The measures referred to in the administrative area of this Municipality refer to Yutan Street, suburban street, Baimaqiao Street, Xiaduopu Town, Jinzhou Town, Jinghua Shop Township Taolinqiao Village, Fujiatang Village, Shuangjiangkou Town Changxing Village, Tanshuwan Village, Baiyu Community, Huilongpu Town Houzhiting Community, Fengshou Village, Jinyu Industrial Concentration Area, and jinzhou area Village in Batang Town.
Article 3 The term "villagers" as mentioned in these Measures refers to the members who are registered in the local rural areas and enjoy the right to contracted management of land and other rights and interests of the collective economic organizations, and fulfill their obligations as members of the collective economic organizations.
The term "housing" as mentioned in these Measures refers to the houses built by members of rural collective economic organizations on the land provided by the collective economic organizations for my family to live in and use.
Article 4 The construction of rural villagers' housing should follow the principles of "planning first, land use later, approval first, construction later, one house for one household, moderate concentration, adapting to local conditions, and environmental protection". We will fully implement the rural revitalization strategy, encourage villagers to build residential villages with local characteristics, and actively participate in the creation of beautiful countryside and eco-tourism demonstration villages.
Chapter II Planning and Design
Fifth Township People's governments shall organize the preparation of national land spatial planning and village planning, and give full play to the control and guidance role of planning.
Article 6 The Township People's Government shall fully consider the needs of rural production and living, solicit opinions from villagers, make overall arrangements for housing construction land, reasonably determine the distribution scope and scale of rural residential areas, strictly control decentralized site selection and construction, and guide villagers to live in planned residential areas in a moderate and orderly manner in accordance with the principle of "respecting wishes, doing what they can, facilitating production, and improving life".
The planning and construction of centralized settlements should be adapted to local conditions and the scale should be appropriate. In principle, the scale of each centralized settlement is not less than 10 households.
Article 7 The municipal housing and construction department shall organize the compilation of demonstration atlas of rural villagers' housing design for rural villagers to choose and use for free when building houses.
The Township People's Government and the village (neighborhood) committees shall choose the demonstration drawings accepted by most local villagers from the housing construction design drawings provided free of charge by the municipal housing construction department to promote their use. Encourage villagers to build new houses according to the demonstration plan, and gradually form an architectural style that conforms to regional characteristics.
Rural villagers' housing construction shall use building materials, building components (fittings) and equipment that meet the standards stipulated by the state, provinces and cities. Encourage the use of green energy-saving building materials and technologies, and adopt prefabricated buildings.
Eighth rural villagers' housing construction should conform to the national land space planning and village planning, and those located in nature reserves, cultural relics protection areas and other areas should also conform to their relevant protection plans.
For building houses along the highway, the distance between the edge of the house and the outer edge of the highway land is not less than 20m for the national highway, not less than15m for the provincial highway, not less than10m for the county road and not less than 5m for the township road. In the construction of houses along the expressway, the distance between the edge of the house and the isolation fence of the expressway is not less than 30 meters. Building houses around the railway line safety protection zone and the airport shall comply with the relevant laws and regulations on railway safety protection and airport management.
Chapter III Land for Construction
Ninth rural villagers housing construction should follow the provisions of "one household, one house", and strictly control the land area. The floor space of each benchmark household (4 persons and families with less than 4 persons) shall not exceed 150 square meters (with dripping water as the boundary, the same below), and each increase of 1 person in families with more than 4 persons shall correspondingly increase by 20 square meters, but the total land area of each household shall not exceed the standards set by Hunan Province and Changsha City.
Tenth rural villagers really need scattered site selection for building, should give priority to the use of the original homestead, village Uchikoga and unused land. Strictly control the slope cutting for building, and if it is really necessary to cut the slope due to the difficulty in site selection, it shall, under the guidance of the Township People's Government, do a good job in slope protection in accordance with relevant technical specifications to ensure the safety of building.
It is forbidden to build houses in the following areas:
(1) permanent basic farmland areas;
(two) drinking water source protection zone;
(3) Management scope of rivers and lakes;
(4) Building control areas on both sides of the highway;
(five) other areas prohibited by laws and regulations.
Article 11 The Township People's Government shall organize and guide the village (neighborhood) committees and village (neighborhood) groups to recover the land contracted to households within the planning area by means of recovery, exchange and economic compensation, so as to ensure the demand for land where villagers live relatively intensively.
Villagers who are allowed to settle in cities are allowed to voluntarily withdraw from the homestead with compensation according to law, and rural collective economic organizations and members are encouraged to make active use of idle homesteads and idle houses.
Twelfth rural villagers housing construction occupies agricultural land, should go through the formalities for examination and approval of agricultural land conversion. Involving the conversion of agricultural land, the Township People's Government shall summarize it to the municipal natural resources department every six months, and report it to the Changsha Municipal People's Government in batches for the examination and approval procedures for the conversion of agricultural land.
If cultivated land is occupied, the Municipal People's Government shall be responsible for coordinating the balance of cultivated land occupation and compensation.
Thirteenth rural villagers housing construction land management plan.
Chapter IV Application and Approval
Fourteenth villagers meet one of the following circumstances, can apply for housing construction:
(a) the original housing is dilapidated or the housing area is lower than the standards listed in Article 9 of these Measures, and it needs to be modified or expanded;
(two) due to the occurrence or defense of natural disasters, it is necessary to move;
(three) it is really necessary to build houses by households;
(four) due to land acquisition and demolition or village construction, it is necessary to relocate and build houses;
(five) voluntarily give up the original scattered housing land and concentrate on the central village and villagers;
(VI) After being approved according to law to return to their original places or the migrants move in, they will enjoy the right to contracted management of land or the rights and interests of the collective economic organization after becoming members of the village collective economic organization, and meet the application conditions and need to build new houses and settle down;
(seven) other circumstances in which laws and regulations can apply for building.
Fifteenth rural villagers housing construction applications, one of the following circumstances, shall not be approved:
(a) is not a member of the collective economic organization:
(two) does not conform to the village planning;
(three) does not meet the requirements of one household and one house;
(four) the original housing sold, leased, donated to others or converted to production and business purposes;
(five) although the original housing was demolished due to land acquisition for project construction, it has been resettled;
(six) the application for the location of land ownership is indeed controversial and unresolved;
(seven) illegal occupation of housing construction is not handled;
(eight) other circumstances of disapproval as prescribed by laws, regulations and rules.
Sixteenth villagers to apply for housing, should hold the following materials to apply to the Township People's government:
(1) An application for building a house;
(two) building approval form;
(three) the applicant's identity card, household registration book or proof of identity of family members;
(four) the housing construction project design scheme or the design drawings provided by the government free of charge, and the written commitment to the construction according to the demonstration drawings;
(five) the demolition of old houses in different places, the need to provide proof of the right to use the original homestead and agreed to voluntarily withdraw from the original homestead, according to the provisions of the reclamation and handed over to the collective economic organizations for adjustment.
Seventeenth rural villagers housing construction should be carried out in accordance with the following procedures:
(1) Application. The applicant shall submit a written application for housing construction to the village (neighborhood) people's group. If the village (neighborhood) people's group conducts preliminary examination and is agreed by two-thirds of the village (neighborhood) people's group representatives, it shall be reported to the village (neighborhood) people's committee for review. The written application shall contain the following items:
1. Applicant's name, ID number, age, address, family population and household registration, and whether he is a member of the village collective economic organization;
2. The original housing area, homestead area and storey height;
3. Whether it meets the conditions for building houses by households;
4. Location, area and whether there is any land ownership dispute;
5. Matters required by laws, regulations and policy documents.
(2) publicity. The village (neighborhood) committee will publicize the application for housing construction and the preliminary examination opinions of the village (neighborhood) group in the village (neighborhood) affairs publicity column for not less than 7 days. If there is no objection to the expiration of the publicity period, the village (neighborhood) committee shall sign the preliminary examination opinions.
If it fails to pass the examination of the village (neighborhood) committee, or if there is any objection during the publicity period and the application conditions are not met after investigation and verification by the village (neighborhood) committee, the application materials shall be returned to the applicant.
(3) Acceptance. The village (neighborhood) committee will submit the application materials for rural villagers' housing construction with preliminary examination opinions to the Township People's Government. After receiving the application materials, the Township People's Government shall accept them on the spot, and if they do not meet the acceptance conditions, they shall return the application materials to the village (neighborhood) committee and explain the situation.
(4) exploration. The Township People's Government shall, within five working days after accepting the application, organize relevant departments of agriculture, rural areas, natural resources, housing construction and village (neighborhood) committees to go to the site to explore the four areas, areas and types of land used, and review and verify the application of housing construction applicants. After on-site approval, it shall issue approval forms for land use, planning and construction and inform them of related matters, involving pre-approval by relevant departments such as highways, water conservancy, electric power, forestry, nature reserves and cultural relics protection zones.
(5) examination and approval. The Township People's Government shall, after receiving the relevant materials for the examination and approval of villagers' housing construction, issue the Permit for Rural Construction Planning and the Letter of Approval for Rural Homestead within three working days if the materials are complete, and shall inform the correction requirements in a lump sum.
(6) Fixed-point lofting. Within five working days after the issuance of the Rural Construction Planning Permit and the Approval Letter of Rural Homestead, the Township People's Government shall organize relevant units and village (neighborhood) committee personnel to go to the site to implement fixed-point lofting for the specific location of homestead land and residential housing construction, and determine the land area and area. The villagers can start construction only after fixed-point lofting.
(7) Construction. After obtaining the relevant permits, the applicant shall carry out the construction in strict accordance with the requirements of the permit and shall not change it without authorization. If it is really necessary to change, it shall be organized in accordance with legal procedures after being approved by the original examination and approval authority.
Rural villagers' housing construction should choose qualified rural construction craftsmen or qualified construction enterprises with construction skills training, and sign a written construction contract to clarify the rights and obligations of both parties, and stipulate the housing warranty period and responsibility.
Rural construction craftsmen or construction enterprises shall carry out construction in strict accordance with construction planning, design drawings, construction technical standards and operating procedures to ensure construction quality and safety. Housing construction shall not be carried out for rural villagers who have not obtained planning permission, land use approval or violated planning permission and land use approval provisions.
Villagers require the use of unqualified building materials, building components (fittings) and equipment, and rural construction craftsmen or construction enterprises shall dissuade or refuse.
(8) Completion acceptance. After the completion of the house, the applicant shall apply to the Township People's Government for completion acceptance within 3 months. The Township People's Government shall, within 5 working days after receiving the acceptance application, organize the personnel of relevant functional departments, construction craftsmen or construction enterprises to conduct on-the-spot inspection on whether the completed housing meets the relevant requirements, and whether the commitments such as voluntary demolition of the original housing have been fulfilled. Acceptance, the Township People's government issued a final acceptance opinion.
(9) Registration and certification. The applicant for building a house shall apply to the real estate registration agency for issuing the certificate of real estate property right with the relevant building approval procedures and completion acceptance opinions.
Chapter V Management Responsibilities and Safeguard Measures
Article 18 The municipal agricultural and rural departments shall be responsible for the reform, management, supervision and inspection of rural homesteads, establish and improve the management systems for the distribution, use, circulation and investigation of illegal land use, improve the land use standards for homesteads, and guide the rational layout of homesteads, the utilization of idle homesteads and idle farmhouses; Organize the statistical investigation on the present situation and demand of rural residential land, and inform the natural resources department of the demand for new construction land for farmers to build houses in time; Participate in the preparation of national spatial planning and village planning.
The municipal natural resources department is responsible for guiding the township people's government to carry out the compilation of land spatial planning and village planning, and for the conversion of agricultural land and the registration of real estate.
The municipal housing construction department is responsible for compiling the general atlas of rural housing construction and the technical manual of quality and safety, guiding and supervising the implementation of rural housing construction design demonstration drawings, villagers' housing construction quality, safety supervision and rural housing construction craftsman training, and establishing credit files.
Municipal transportation, water conservancy, forestry, finance, electric power, taxation and other departments shall do a good job in the construction of rural villagers' housing within their respective responsibilities.
Nineteenth Township People's governments are specifically responsible for the supervision, management and service of rural housing construction; According to the authorization of laws and regulations and the requirements of relevant policy documents, uniformly accept the application and approval of villagers' housing construction, and guide villagers to build houses according to the unified atlas of villagers' housing construction; Guide the village (neighborhood) committees to carry out the management of villagers' housing construction, and if it is found that the village (neighborhood) committees illegally review the villagers' housing construction applications, they shall promptly stop or order them to make corrections.
Village (neighborhood) committees shall, under the guidance of the Township People's Government, draw up village rules and regulations with autonomous management of rural housing construction, which shall be implemented after discussion and adoption by the villagers' meeting; Guide the villagers to handle or handle the examination and approval procedures for rural housing construction, and guide the villagers to carry out rural housing construction activities in accordance with the law and regulations.
Twentieth relevant departments should ensure the smooth progress of standardizing the management of villagers' housing construction according to these measures. Municipal Party Committee Office, municipal human resources and social security departments should ensure the necessary staffing. City agriculture and rural areas, natural resources, housing construction, transportation, water conservancy, finance, forestry, electric power, scenic area management agencies and other departments should integrate new rural construction, new urbanization, renovation of dangerous houses, relocation of immigrants, drinking water safety, and highway construction in villages to benefit the people and farmers, and use them for infrastructure construction of villagers' concentrated settlements. No unit or individual may illegally collect fees when handling the examination and approval of rural villagers' housing construction and the registration of ownership.
Twenty-first rural villagers housing construction management work into the city's annual performance appraisal system.
Chapter VI Supervision and Administration
Twenty-second Township People's governments shall publicize the application conditions, application materials, application acceptance organs, examination and approval procedures and time limit for rural villagers' housing construction through government websites and government affairs halls, and regularly publish the examination and approval.
Twenty-third Township People's governments shall establish a dynamic inspection system for rural villagers' housing construction, and timely handle and report the illegal acts found in the city's agriculture, rural areas, natural resources and housing construction departments to investigate and deal with them according to law.
Village (neighborhood) committees should conscientiously do a good job in the supervision and coordination of the building site and the daily inspections of illegal land use and illegal building. If villagers are found to be illegally building houses, they should immediately dissuade them and immediately report to the Township People's Government.
City agriculture and rural areas, natural resources departments and Township People's governments shall establish a reporting system for illegal housing construction by rural villagers, and organize investigation and handling in a timely manner after receiving the report.
Twenty-fourth Township People's governments shall establish a joint meeting system for rural villagers' housing construction management, and study and solve major issues such as the compilation and adjustment of village planning, the layout of villagers' centralized housing planning, licensing and law enforcement.
Chapter VII Legal Liability
Article 25 The Township People's Government and the municipal competent departments of agriculture, rural areas, natural resources, housing and construction shall, in accordance with the provisions of relevant laws and regulations on land management, urban and rural planning, and building management, rectify those who have illegally built houses in permanent basic farmland areas, first-class protection areas of drinking water sources, management areas of rivers and lakes, building control areas on both sides of highways, and other areas where building is prohibited as stipulated by laws and regulations.
Twenty-sixth villagers illegally occupy land to build houses without approval or by deception, and the municipal agricultural and rural authorities shall order them to return the illegally occupied land and dismantle the newly built houses on the illegally occupied land within a time limit.
More than the provincial and municipal standards of land occupied as illegal occupation of land.
Twenty-seventh rural construction craftsmen or construction enterprises in rural housing construction, one of the following circumstances, the municipal housing construction department shall order it to make corrections within a time limit; If the circumstances are serious, a fine of more than 2000 yuan 10000 yuan shall be imposed; If losses are caused, compensate for the losses according to law; If the case constitutes a crime, it shall be transferred to judicial organs for handling according to law:
(a) not in accordance with the construction planning, design drawings, construction technical standards and operating procedures;
(two) housing construction for rural villagers who have not obtained planning permission or land use approval or who violate the planning permission and land use approval provisions;
(3) Jerry-building or using unqualified building materials, components and equipment.
Twenty-eighth the implementation of the new demolition. Villagers should first dismantle the old houses outside the necessary living rooms before starting construction; The reserved living room should be demolished before the completion and acceptance of the new house. If it is not removed within the time limit, the Township People's Government shall organize the local village groups to be removed according to law.
Twenty-ninth relevant departments of the Municipal People's Government and the Township People's Government and their staff, in any of the following circumstances, shall be investigated for the responsibility of the relevant personnel in accordance with the relevant provisions:
(a) failing to prepare or modify the village planning in accordance with the provisions;
(2) Failing to go through the formalities of planning permission and land use approval in accordance with the provisions;
(3) Failing to provide free pay-off service as required;
(four) not in accordance with the provisions of the planning, land verification;
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