(Adopted at the 30th meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on February 26, 1999)
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Illegal building activities encroach upon the state-owned land resources and the social wealth, infringe upon public interests, and seriously hinder this Municipality achieving the goal of building a modern international city. Hereby, the following decisions are made to double the efforts in investigating and handling illegal buildings and to severely crack down illegal activities according to the provisions of relevant law and regulations:
Article 1 An illegal building refers to a building which is constructed without the approval of the administrative department of planning and land, or without any Planning License of Construction Project or Temporary License of Construction Project.
The following buildings shall be regarded as illegal buildings:
1. a building standing on a land which shall be used for constructing a public site, a public green belt or for establishing public facilities according to the urban planning;
2. a building which is constructed inconsistent with the approved blueprint;
3. a building which is rebuilt or expanded without approval;
4. a building constructed on a non-agricultural land which is owned by a rural economical organization or on a homestead used by a villager for himself, and is transferred illegally, and a building constructed on a non-agricultural land which is owned by an urbanized residents’ committee or cooperative stock enterprise in the special zone, and is transferred illegally;
5. a building which is constructed on a non-agricultural land owned by a rural economical organization or on a homestead used by a villager for himself, and is constructed inconsistent with the urban planning or the standards stipulated by the municipal government;
6. a building, such as the industry factory building and the dwelling house, whose function is changed without approval;
7. a temporary building which is not dismantled when the due period expires;
8. other buildings that are constructed in violation of the provisions of law or regulations.
Article 2 The municipal government shall strictly implement the Law of the People's Republic of China on Land Administration, the Law of the People's Republic of China on Urban Planning, the Regulations of Shenzhen Municipality on Urban Planning and the Regulations of Shenzhen Special Economic Zone on the Supervision over Planning and Land, and shall strictly identify and dismantle illegal buildings, and punish illegal activities according to law, in order to ensure that the urban planning and construction may be carried out in good order.
1. The administrative department of planning and state-owned land shall earnestly investigate and punish the persons constructing illegal buildings, and shall stop handling all formalities about the project or matter relating to the misfeasor before the penalty imposed on him is executed.
The competent department of house leasing may not grant the License of House Leasing to the person constructing an illegal building, and shall firmly investigate and punish illegal leasing activities.
2. It is forbidden to rent an illegal building for production or operation. The administrative department of industry and commerce may not grant the Business License to a producer or operator without any legal and effective document proving his property rights on a real estate, shall check the consistency between the operation period and the valid term of the temporary certificate about the using right of a real estate if the producer or operator has one, and shall order a producer or operator to stop business at once, detain his Business License temporarily and impose him a penalty according to relevant provisions when finding him renting an illegal construction for business.
3. It is forbidden that a building team undertakes a construction project without the Construction License which shall be granted by the administrative department of construction. The administrative department of construction shall order the building team to stop construction at once, and may seal up its construction machines or equipments, and detain its qualification certificate of undertaking construction projects temporarily if it violates the provisions of this Decision, and may confiscate its construction machines or equipments, and revoke its qualification certificate of undertaking construction projects if the violation circumstance is serious.
4. It is forbidden to rent an illegal building for culture, entertainment or catering operation. Anyone who violates this provision shall be revoked his relevant license of culture or sanitation, ordered to stop operation at once, and be punished by the administrative department of sanitation according to relevant provisions.
5. The fire control department of public security shall strength its supervision to the work of fire control, firmly investigate and handle the productions and operations carried out in a building which is not examined or checked for acceptance about its fire control ability.
6. No department of water supply, electricity supply or gas supply may supply water, electricity or gas to an illegal building without any legal certificate proving the property rights of real estate or any certificate of using land temporarily.
The other functional departments of the government shall take their respective responsibilities, cooperate with and support each other for investigating and handling illegal buildings seriously.
Article 3. All levels of governments shall put the work of urban planning and land administration into their respective schedules of important matters. The leading crews of the municipal administrative department of planning and state-owned land, district governments and town governments (sub-district offices) shall fulfill their responsibilities earnestly in the work concerning the urban planning or the planning of state-owned land. If there is a misfeasance of examining and approving beyond authority, occupying land illegally or failing to fulfill a responsibility according to law in an area under the jurisdiction of the administrative department of planning and state-owned land, district government or town government (sub-district office), the leader in charge may not be promoted to a higher post, besides that the person directly liable shall be imposed administrative penalty. If there is a misfeasance of seeking private gains through power, slacking in administration, neglecting a duty seriously or abusing a power, the leader related shall be investigated for responsibilities, besides that the party concerned shall be punished seriously. Criminal responsibilities shall be investigated for if there is a violation against the criminal law.
Article 4. Anyone who wants to construct a temporary building on a temporary site, which is managed by a district government on behalf of the municipal government and on which a temporary building is allowed to be constructed according to the planning, shall sign a contract on using land temporarily with the municipal administrative department of planning and state-owned land, and shall go through the applying formalities according to relevant provisions. The leader in charge of the district government shall take responsibilities for the temporary construction which is built without going through the applying formalities.
Article 5 One household may only have one homestead. The area of homestead and the floor area related shall be kept in consistence with the standards stipulated by the municipal government.
Any villager who wants to build a house shall comply with the overall planning of using land and the demands of urban construction, and shall apply to the administrative department of planning and state-owned land for examination and approval according to law.
It is forbidden for a person to buy a homestead or build a house on a homestead with cooperation in a village where he does not belong.
Article 6 The administrative department of planning and state-owned land shall establish a regular and general investigation system for illegal buildings, and shall regularly report the investigation result to its superior leader. The illegal buildings found during the investigation shall be dealt with timely.
Every unit and individual shall have the rights to expose an illegal building to the department of planning and state-owned land or the supervisory department. The departments mentioned above shall appoint special organs to accept accusations, keep secret for reporters, investigate and check the facts according to the clues provided by reporters, and punish misfeasors according to their respective authorities upon discovering illegal activities.
Every news media shall cooperate with relevant administrative departments to investigate and punish the activities of occupying land or building illegally, and to expose the persons seriously violating the law, and shall strengthen their work of carrying out supervision by public opinions.
Article 7 This Decision shall take effect as of the date of promulgation. The illegal activities committed before the promulgation of this Decision shall be identified and punished by the municipal or district government according to the relevant provisions of regulations, rules or policies. The illegal activities committed after the promulgation of this decision shall be investigated and handled seriously according to this Decision.
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