The "Regulations" mentioned that the protective repair and restoration of bungalows (courtyards) in the functional core area of the capital can be implemented by applying for rent withdrawal, rent change and house replacement, improving supporting functions, improving living environment, strengthening historical and cultural protection and restoring the basic pattern of traditional quadrangles. The vacated space of bungalows (courtyards) in the functional core area of the capital, on the basis of satisfying the renovation and application-oriented improvement of residents' hospitals, allows the implementers to use the vacated space to develop industries such as rental housing, convenience service and cultural tourism service according to the detailed planning of the block.
The "Regulations" pointed out that the characteristics of Beijing's urban renewal are "reducing development" and not "big demolition and big construction". By summing up the practical experience of urban renewal in our city, five renewal types and 12 renewal contents are extracted, focusing on the protection of people's livelihood and fully embodying the characteristics of the capital.
Specifically, it includes: First, the renewal of residential cities mainly to ensure the safety of old bungalows, courtyards, dilapidated buildings, old communities and other houses and improve the quality of living.
The second is to promote the upgrading and efficiency improvement of existing space resources such as old factories, inefficient industrial parks, old and inefficient buildings and traditional commercial facilities.
The third is to update and transform old municipal infrastructure, public service facilities and public safety facilities to ensure safety and make up for shortcomings.
Fourth, the urban renewal of public * * * space mainly focuses on improving the environmental quality such as green space, waterfront space and slow-moving system.
Fifth, to coordinate the allocation of stock resources, optimize the functional layout, and realize the sustainable development of regional comprehensive city renewal. In addition, there are other urban renewal activities determined by the Municipal People's Government.
According to the Beijing Municipal Commission of Housing and Urban-Rural Development, with the approval and implementation of Beijing's new master plan, Beijing's urban development has entered a new stage of reduction and dual control, focusing on stock renewal. Beijing's urban renewal pays more attention to improving the quality and efficiency of existing resources, making room for implementation to strengthen the functional construction of the "four centers" and meet the people's needs of "seven haves" and "five natures". At the same time, there are many types and a large number of urban renewal in Beijing. Under the requirements of the development of reduction and dual control, it is necessary to further clarify the objectives and principles of urban renewal through legislation, clarify the responsibilities, rights and obligations of relevant subjects, and establish stable institutional norms.
Allow conversion of existing building uses
In order to ensure the standardized and orderly development of the renewal project, according to the spirit of the relevant documents of the Ministry of Housing and Urban-Rural Development and the Ministry of Natural Resources, the Regulations put forward 1 1 basic requirements, including renovation before renovation, filling shortcomings, existing building management, urban landscape control, green energy conservation and carbon reduction, overall planning of the ground and underground, urban safety and resilience, smart city construction, promoting aging-adaptive transformation and barrier-free environment construction, and so on. At the same time, combined with the characteristics of the capital city, it is clear that we should adhere to the principles of small-scale, gradual and sustainable, promote the urban renewal of the functional core area of the capital as a whole, and promote the overall protection of the old city.
In order to improve the urban functions and fill the shortcomings of the city, the conversion of existing building uses is allowed. After the conversion of building use is approved, the land use can be compatible or changed. The municipal planning and natural resources management department shall formulate specific rules to clarify the policy requirements and technical standards such as positive and negative lists of use conversion and compatible use, and proportional control.
Encourage all kinds of existing buildings to be converted into public service facilities, urban and rural infrastructure and public safety facilities; Allow public * * * management and public * * * service buildings to be converted to each other; Allow commercial and service buildings to be used for mutual conversion; Allow industrial and warehousing buildings to be converted to other uses on the premise of meeting the requirements of regulatory detailed planning and industrial land management and control.
If the conversion of building use meets the requirements of positive list and proportional control, the land use is allowed to be compatible, and the land use management is not changed. If it exceeds the requirements of proportional control, the land use shall be changed and managed according to the converted main use. If the land use is changed, the allocation mode and service life of the construction land use right shall be determined according to the main use, and the comprehensive land price shall be determined according to the compatible use and proportion. The main use can be determined according to the proportion of building scale or functional importance of different building uses.
Housing and urban construction, market supervision, taxation, health, environmental protection, fire protection and other departments shall, in accordance with their duties, provide policy and technical support for the conversion of building use and the compatible use of land use, go through relevant procedures such as construction, use and operation, and strengthen industry management and safety supervision.
According to the law, the right to use construction land shall be allocated by means of lease, transfer, lease before transfer, and investment at a fixed price (shares). If the right to use construction land is allocated in a paid way, the land use formalities can be handled by agreement.
According to the needs of implementation planning, or involving the division and disposal of land, the government shall, according to law, re-allocate the right to use construction land by means of public bidding, auction and listing. This Municipality encourages the allocation of the right to use construction land by lease. The right to use the leased construction land can be registered according to law, and the lease can be renewed after the lease expires. During the lease period, after the lessee pays the land rent according to the regulations and completes the renovation, if it meets the conditions, the right to use the leased construction land can be transferred to the right to use the construction land according to law.
The specific measures for leasing the right to use construction land, letting it first, and making capital contribution at a fixed price (shares) shall be formulated separately by the Municipal People's Government.
Encourage the allocation of construction land use rights in a flexible year.
Without changing the subject of land use, the urban renewal project conforms to the renewal plan and the industrial format supported by the state and the city, and the transitional policy of using land according to the original purpose and original right type is implemented within five years.
During the transition period, planning permission and construction permission procedures can be handled according to new uses, and land price will not be paid back, and real estate registration will not be handled; Upon the expiration of the transition period or transfer, if the local government evaluates that it conforms to the renewal plan and the direction of industrial development and has achieved the established use function and expected effect of the implementation plan, the land use formalities can be handled by agreement according to the new use. The allocation mode of the right to use construction land, the land use period and the land price evaluation standard are determined according to the approved implementation plan and planning permission procedures.
The start date of the transition period is the date when building construction permits is issued; If it is not necessary to apply for building construction permits, the starting date is the date when the construction project planning permit is issued.
Encourage the allocation of construction land use rights in a flexible year. Take the lease configuration, the land use period shall not exceed 20 years; If the allocation is made by renting first and then letting, the sum of the lease period shall not exceed the legal maximum period for the transfer of land for this purpose. The right to use the construction land may be renewed in advance, but the sum of the remaining years and the renewal shall not exceed the legal maximum period of land transfer for this purpose.
Where the payment or overdue payment of land price is involved, the land price shall be comprehensively determined by considering factors such as land acquisition cost, free provision of public service facilities, municipal infrastructure, public space and provision of affordable rental housing.
If the land is used by lease, the land rent shall be paid annually or in one lump sum, and the rent standard shall be determined according to the provisions of the preceding paragraph and land price evaluation. If the land rent is paid annually, the annual rent shall be adjusted after regular assessment according to the market rent level, and the time interval shall not exceed 5 years.
The "Regulations" support the use of vacated underground space for convenient business service outlets such as warehousing, convenience stores, housekeeping, and supporting service facilities such as cultural and sports centers, community activity centers, missionary bases, property offices, and old-age services, and use vacated underground space to supplement and improve the service functions of the block.
Support social capital to carry out the reuse of updated houses
The "Regulations" clarify that,
If the urban renewal project really needs to move out of the original property owner, the implementer can adopt the methods of property right exchange, providing rental housing or monetary compensation to implement property right collection.
In the process of urban renewal, if public housing vacates, it can be replaced by housing. Housing replacement can take two ways: lease replacement and property right replacement.
Within the scope of urban renewal projects, if the proportion of public housing tenants signing the vacate agreement meets the requirements of the project implementation plan, the property unit may terminate the lessee's lease agreement that has not signed the vacate agreement according to the agreement of the public housing lease contract or the legal provisions, and make proper arrangements.
In the process of urban renewal, if it is necessary to vacate private houses, and the signing ratio of the agreement for vacating property rights holders within the scope of urban renewal projects reaches more than 95%, the implementation subject and unsigned property rights holders may apply to the District People's Government for mediation. If the mediation fails and the project involves the interests of the public, the District People's Government shall make a decision on expropriation in accordance with the relevant provisions of the Regulations on Expropriation and Compensation of Houses on State-owned Land.
The implementation of housing expropriation, the implementation of urban renewal by the main body to the District People's government to apply for expropriation, and at the same time submit the approved project implementation plan, the source of funds for expropriation, resettlement housing implementation and other supporting documents.
The "Regulations" show that the protective repair and restoration of bungalows (courtyards) in the functional core area of the capital can be implemented by applying for rent withdrawal, rent change and house replacement to improve supporting functions, improve living environment, strengthen historical and cultural protection and restore the basic pattern of traditional quadrangles; Make rational use of vacated houses in accordance with the detailed regulatory planning of the core area, and establish and improve the social management mechanism of bungalows. Areas outside the core area can be implemented with reference.
Support social capital to carry out the reuse of updated houses, and the main body of the implementation can obtain the right to operate the houses after completing the application for rent withdrawal and restoration construction of directly managed public houses. We will promote the pledge of the right to operate public houses directly under the government, and encourage financial institutions to provide loan support to the implementation entities authorized by the district government.
The vacated space of bungalows (courtyards) in the functional core area of the capital, on the basis of satisfying the renovation and application-oriented improvement of residents' hospitals, allows the implementers to use the vacated space to develop industries such as rental housing, convenience service and cultural tourism service according to the detailed planning of the block.
Implement the reconstruction of simple buildings and dangerous old buildings. Establish a fund-raising model of residents' contribution, social fund-raising participation and government support, and support residents to withdraw housing provident fund or use provident fund loans to pay for reconstruction costs. Reconstruction projects should enhance the planning function, without increasing the urban population. The above-ground and underground space can be used to supplement some urban functions, moderately improve the living conditions of residents, and the construction area can be appropriately increased as * * * property housing or affordable rental housing.
For dilapidated buildings and simple buildings located in key areas and historical and cultural blocks, residents are encouraged to vacate and move out to improve their living conditions.