Deliberated and adopted at the 101st Executive Meeting of the 5th Session of the Shenzhen Municipal People’s Government on Dec 25th,2013, promulgated by Decree No. 261 of the Shenzhen Municipal People’s Government on Dec 30th,2013; abolished by Measures of Shenzhen Municipal People's Government on Handling Illegal Buildings of Industries and Public Accessories Left over from the Process of Rural Urbanization on Oct 10th,2018 (Decree No. 312 of the Shenzhen Municipal People’s Government)..
Chapter One General Provisions
Article 1 These Implementation Measures are hereby enacted according to the Decision of the Standing Committee of Shenzhen Municipal People’s Congress for Handling Illegal Buildings Left over from the Process of Rural Urbanization (hereinafter referred to as the Decision) and in conjunction of the Overall Plan of Shenzhen Municipality on Land Management System Reform.
Article 2 These Implementation Measures shall be applicable to the handling of illegal buildings left over from the process of rural urbanization within the selected regions selected by the municipal government.
Those illegal residential houses left over from the process of rural urbanization that were built by non-indigenous villagers or built for the purpose of real estate development without approval (including those actually segmented and transferred after completion of construction) shall not be processed and confirmed.
Article 3 The pilot process work of illegal buildings left over from the process of rural urbanization shall follow the basic principles of investigating roundly, categorizing, respecting the past, seeking truth from facts, straightening out owners, combining leniency with rigidity, handling according to law, and solving gradually stipulated in Article 1 of the Decision.
Article 4 The Municipal Leading Team for Investigating and Handling Illegal Buildings and Dealing with Problems Left over from the Process of Rural Urbanization shall take charge of making overall plans, coordination and guidance for the pilot handling work of illegal buildings left over from the process of rural urbanization, strength accountability mechanism and shall assign special delegates for the handling work of historical illegal buildings to each selected region.
The district government (including the administrative agency of the new regions, the same below) where a selected region locates shall establish a leading team for investigating and handling illegal buildings and dealing with problems left over from the process of rural urbanization to be responsible for the unified organization and coordination, and shall establish an office (hereinafter referred to as the District Investigation Office) under the leading team to conduct specific work and issue process documents.
Article 5 The municipal administrative department of planning and land resources (hereinafter referred to as the Department of Planning and Land Resources) shall take charge of the inspection on planning and land of historical illegal buildings, and shall ratify the indices including the area of land, the use of land, the construction area, the use functions and duration, the nature of right, and the amount of land price that needs to be paid.
Article 6 The administrative department of construction shall be responsible for supervising the security appraisal of historical illegal buildings, organizing the formulation of relevant procedural rules on security appraisal and entrustment of historical illegal buildings, and establishing a content of security appraisal institutions for illegal buildings left over from the process of rural urbanization through bids or other public means.
Article 7 The firefighting department of public security authority shall be responsible for organizing the formulation of technical norms on firefighting and its security appraisal and supervision and management measures on firefighting for historical illegal buildings, shall transact formalities of firefighting check and acceptance or putting on record and carry out firefighting supervision for historical illegal buildings, and shall strengthen supervision on firefighting technical service institutions.
Article 8 Relevant functional departments and units of market supervision, public security, house leasing, environmental protection, culture, hygiene, industry, water, overseas Chinese affairs, civil affairs and justice shall participate in the handling work of historical illegal buildings according to their respective duties.
The entry to the leasing market of those historical illegal buildings which have not been applied and transacted filing formalities for temporary use according to the requirements of the Decision and these Implementation Measures shall be prohibited. The administrative department of house leasing shall not transact formalities of house leasing registration or putting on record for those illegal buildings.
The supply units of water, power and gas shall strengthen the management for supplying water, power and gas, when finding illegal acts of unauthorized supply transfer, they shall report to the administrative departments of water, power and gas for handling.
Chapter Two Interpretations
Article 9 Historical illegal buildings shall be categorized in accordance with their actual use into:
(1) Historical illegal residential houses;
(2) Historical illegal buildings for production and business, including those for industries and logistics;
(3) Historical illegal buildings for commerce or office, referring to profitable buildings and auxiliary living facilities that are used for commercial wholesale and retail, commercial offices, service (including catering and entertainment), hotels, commercial culture and sports activities;
(4) Historical illegal buildings for public auxiliary facilities, referring to non-profitable buildings and auxiliary facilities that are used for non-commercial culture and sports activities, offices and community service;
(5) Historical illegal buildings that have multiple use;
(6) Historical illegal buildings for other use.
Article 10 “There are serious safety risks” stipulated in Item (1), Paragraph 1, Article 9 of the Decision shall include the following circumstances:
(1) Being located in regions with geologic hazards such as mountain collapse, landslide, debris flow, ground subsidence, ground fissure and surface sedimentation;
(2) Failing to meet standards and norms on structure safety and anti-earthquake of houses;
(3) The public places failing to meet the requirements of firefighting safety and having serious firefighting safety risks that cannot be rectified or eliminated in public places;
(4) Other serious safety risks.
Article 11 “Having bad impact to the city planning” stipulated in Items (2) and (5), Paragraph 1, Article 9 of the Decision shall include the following circumstances in addition to those specified in the Decision:
(1) Occupying red lines of roads;
(2) Having bad impact to city landscape on main streets;
(3) Having bad impact to major projects or overall layout;
(4) Destroying or having bad impact to cultural relics protection and scenic regions;
(5) Occupying planned public infrastructures;
(6) Other circumstances stipulated in laws and regulations.
Article 12 An administrator of a historical illegal building refers to the person who is entrusted in writing by a party to the historical illegal building to manage the illegal building.
Former rural collective economic organizations and their successors shall be recognized by district governments or subdistrict offices (including those offices established by new regions) entrusted by district governments.
Indigenous villagers and “one household” of the “one house for one household” principle shall be determined according to Article 4 of the Provisional Measures of Shenzhen Municipality on Construction of Non-commercial Residential Houses by Indigenous Villagers (No. 105, 2006 of Shenzhen Municipal Government)
Article 13 The provisions of these Implementation Measures on historical illegal residential houses built by indigenous villagers shall be only applicable to historical illegal residential houses built by indigenous villagers within the area of the former rural collective economic organization which the villagers belong to, or within the land that is outside the area of the former rural collective economic organization which the villagers belong to，but is arranged by the district government or the subdistrict office. For those historical illegal residential buildings that are built by indigenous villagers and located outside the aforesaid area, the relevant provisions on non-indigenous villagers of these Implementation Measures shall be applicable.
If a historical illegal building applicant is an overseas Chinese or a resident of Hong Kong, Macau or Taiwan, or meets the provision of Paragraph 3, Article 12 of these Implementation Measures but has transferred to another place within this country due to entering college, employment, marriage or joining military, the provisions applicable to indigenous villagers shall still be applicable when dealing with the historical illegal buildings constructed by the applicant within the area of the former rural collective economic organization which the applicant belongs to.
Chapter Three Review Procedures
Article 14 The subdistrict office shall be in charge of preliminary review on handling historical illegal buildings, including the recognition of the party’s identity, examination of construction time, authenticity review of original approval documents, ownership investigation, delimitation, and verification of current use of the building.
Relevant competent administrative departments and their local branches shall provide assistance, coordination and support while the subdistrict office is conducting preliminary review.
Article 15 The subdistrict office may, in combination with the situation such as topographic maps, aerial information, satellite data, house code information, and certification provided by the community workstation and successors to the former rural collective economic organizations, determine the time of construction, reconstruction and expansion comprehensively.
If there is aerial or satellite information, the aforesaid information shall be the main basis to determine the construction time. Except information kept as secret according to law, the aerial or satellite information treated as the basis to determine the construction time shall be made public in the community where the historical illegal buildings are located until the process ends.
Article 16 When investigating the ownership of historical illegal buildings, the applicant shall provide to the subdistrict office with a commitment signed jointly by the applicant and the former rural collective economic organization. The applicant and the organization shall promise in the aforesaid commitment that they agree with the land expropriation or conversion, no longer need the compensation by the government, the economic relations of interest related to the historical illegal building have been cleared, and they agree to bear the relevant legal liabilities. The aforesaid commitment and the processing of the related economic interest relations shall follow the relevant provisions on the decision procedures of collective assets disposition and the articles of association of the stock cooperation corporation, and be confirmed by votes of the shareholders' general meeting or the shareholders ' congress.
If there are multiple applicants, all the applicants shall provide a joint commitment which says that the economic relations of interest related to the historical illegal building have been cleared up and the applicants shall bear the corresponding legal liabilities thereof.
Where the parties have relevant documents of land and house ownership, they shall hand over to the subdistrict office a copy of the original documents and the commitment stipulated in this Article.
Article 17 After the preliminary review of the ownership, the subdistrict office shall organize the survey institution, the successor to the former rural collective economic organization where the historical illegal buildings are located, the applicant and the adjacent owners to the scene for common reference and on-site measurement, and shall fill in the Questionnaire on Delimitation and Ownership (showing the schematic, land area, boundary coordinates and boundary length) which shall be signed and confirmed by the applicant and adjacent owners as well as be stamped and confirmed by the successor to the former rural collective economic organization
The survey institution shall be commissioned by the District Investigation Office or the subdistrict office through the public methods such as public bidding or drawing lots, and the parties to the historical illegal building shall bear the measurement expenses.
If the adjacent owners cannot be noticed, fail to participate on time, or refuse to sign after participation, the subdistrict office may make a special statement of the relevant situations in the announcement stipulated by Article 18 of these Implementation Measures. If there is no objection from the adjacent owners, the follow-up processing shall not be affected.
Article 18 The survey institution shall issue a survey report and a report on house area search within 15 days from on-site reference. The subdistrict office shall make the Questionnaire on Delimitation and Ownership (including the initial confirmation of the construction time of the historical illegal building and the current use of the building) public for 10 days within in 15 workdays from the date it receives the survey report, the report on house area search and relevant electronic data in the community where the historical illegal building locates.
Article 19 If there is no objection or the objections are properly handled by the parties concerned, the subdistrict office shall transfer the application, the ownership investigation and the delimitation information and other materials to the District Investigation Office, and the identity of the parties, the construction time, the construction area, the current use, the information on the ownership investigation and delimitation shall be recorded to the archive of historical illegal buildings.
If, before the implementation of these Implementation Measures, the subdistrict office has checked and publicized the application data according to the relevant provisions of Shenzhen, and the identity of the parties, the construction time, the authenticity of the original approval documents, the ownership investigation and the delimitation and the current use of the buildings provided in Paragraph 1 Article 14 of these Implementation Measures are all clear, no further preliminary examination is required. If there is any uncertainty, it shall be investigated and made public one more time for 10 days before processing according to the provisions of the preceding Paragraph.
Article 20 The Department of Planning and Land Resources shall specify the area where geological disasters are easy to emerge according to the geological disaster control planning, the annual geological disaster prevention program and the record codes of historical illegal buildings, and shall timely issue to the District Investigation Offices and subdistrict offices.
When conducting preliminary review, the subdistrict office shall require the party or the administrator to entrust a geological disaster assessment institution with the legal qualification to carry out the geological hazard risk assessment under the following circumstances:
(1) Being located in the area where geological disasters are easy to emerge;
(2) Being located outside the area where geological disasters are easy to emerge but pertaining to construction projects which are constructed in the scope of threat of geologic hazards (hidden danger) and may form major and extraordinary geological hazards.
The risk assessment expenses of geological hazards shall be borne by the party of the historical illegal building.
The historical illegal buildings which are affected by geological hazards or dangerous slopes shall not be processed until the harm is eliminated or effectively controlled.
Article 21 After receiving the materials transferred by the subdistrict office, the District Investigation Office shall set up a file and deal with them in accordance with the following provisions within 20 working days after receiving all required materials:
(1) Other than in the circumstances specified in Items (2) and (3) of this Paragraph, the District Investigation Office shall issue a consultation letter to the Department of Planning and Land Resources;
(2) Historical illegal residential buildings built by non-indigenous villagers and illegal residential buildings (including those actually segmented and transferred after completion of construction) that are built for the purpose of real estate development without authorization shall not be dealt with or confirmed;
(3) A written reply demonstrating reasons shall be issued to the applicant if the building cannot be dealt with as a historical illegal building after review.
The government may, according to law, confiscate, expropriate or dismantle the historical illegal buildings that conform to the provisions of Item (2) of the preceding Paragraph.
Article 22 The Department of Planning and Land Resources shall issue a written review opinion on planning and land within 30 working days from the date of receipt of the consultation letter.
As to those historical illegal buildings that do not affect the city planning seriously, the Department of Planning and Land Resources shall, in accordance with the planning (including the city planning and the land use planning) at the time when the construction of the historical illegal building was completed and the use that is asserted by the applicant and verified by the subdistrict office, conduct the planning and land review. If there was no planning at that time or the planning at that time was violated but the current planning is complied with, the department shall, from the aspect of planning and land administration, ratify the building to be kept for the use as asserted by the applicant and verified by the subdistrict office
If the Department of Planning and Land Resources plans to issue the consent, it shall attach a map of the land lot and calculate the amount of the land price to be paid in accordance with the relevant provisions of these Implementation Measures, and the land use period shall commence from June 2nd, 2009.
Article 23 The District Investigation Office shall process in accordance with the following provisions within 20 workdays after receiving a reply from the Department of Planning and Land Resources:
(1) If it is regarded as to be dismantled or confiscated according to law in accordance with the written review opinion on the planning and land, the district planning and land supervision agency shall carry out the administrative punishment in accordance with law;
(2) As to those historical illegal buildings that are located in the urban renewal units included in the annual urban renewal plan and are not regarded as to be dismantled or confiscated according to law, the District Investigation Office shall issue a Notice of Simple Disposal of Illegal Buildings Left over from the Process of Rural Urbanization. After the party or the administrator of the historical illegal building pays the land price and the fine, the building shall be deemed as having been processed and confirmed during the urban renewal course. Those historical illegal buildings which are located outside the scope of dismantlement and rebuilding determined by the ratified urban renewal planning or located in the area of the urban renewal projects which cease to be carried out shall, after the Department of Planning and Land Resources informs the District Investigation Office in writing, be handled according to the relevant procedures stipulated in Item (3) of this Paragraph and these Implementation Measures;
(3) In other circumstances than provided in Items (1) and (2) of this Paragraph, an inspection entrustment shall be issued to a house safety inspection institution commissioned by the District Investigation Office, the party or the administrator of the historical illegal building who fails to submit firefighting inspection or filing document shall be notified to conduct firefighting inspection or filing formalities, if the basic ecological control line is involved, a letter to solicit case handling opinions shall be issued to the administrative departments of environmental protection, industry, water and other competent departments; however, if the historical illegal building has conducted the temporary use filing, and the main structure and use has not been changed during the course of use, the firefighting inspection or filing and the house safety inspection shall not be conducted one more time.
Those historical illegal buildings located in the dismantlement area determined by projects of house expropriation and land arrangement approved according to law shall be handled with reference to Item (2) of the previous Paragraph.
Article 24 The administrative departments of environmental protection, industry, water and other competent departments shall, after receiving the aforesaid letter from the District Investigation Office, provide opinions within 20 workdays according to the provisions on the administration of the basic ecological control line and relevant laws and regulations, the house safety inspection institution shall provide the house safety inspection report.
The party or the administrator of the historical illegal building shall, in accordance with the requirements in the written notification of the District Investigation Office, apply to the firefighting department of public security authority for the firefighting inspection or filing formalities. The firefighting department of public security authority shall regularly notify the District Investigation Office in writing of the information on firefighting inspection or filing.
Article 25 In case of entrusting a house safety inspection institution, the District Investigation Office shall carry out entrustment by drawing lots according to batches in the list of the house safety inspection institutions determined by the municipal administrative department of construction; the inspection expenses shall be borne by the party of the historical illegal building.
The administrative measures on the determination and specific supervision on the house safety inspection institutions of the historical illegal buildings shall be formulated by the municipal administrative department of construction according to law within 3 months after the promulgation of these Implementation Measures, and shall take effect after being approved by the municipal government.
Article 26 Firefighting technical specifications, firefighting safety assessment technical specifications and supervision measures on firefighting for the historical illegal buildings shall, on the condition that basic requirements for firefighting are secured, be formulated by the municipal firefighting department of public security authority according to the real situation of the historical illegal buildings within 3 months after the promulgation of these Implementation Measures, and shall take effect after being approved by the municipal government.
The party or the administrator of a historical illegal building shall, in accordance with the firefighting technical standards and specifications of the time when the construction of the building is completed or the firefighting technical specifications for the historical illegal buildings, examine the building and make rectification, entrust a firefighting technical service institution to conduct firefighting safety evaluation, apply to the firefighting department of public security authority for firefighting inspection or filing formalities with a qualified opinion issued by the entrusted firefighting technical service institution. After acquiring the certificate for firefighting inspection or filing, the party or the administrator of the historical illegal building shall submit the certificate to the District Investigation Office.
The expenses for the firefighting rectification and the firefighting safety evaluation shall be borne by the party of the historical illegal building.
Article 27 The District Investigation Office shall process within 15 workdays after receiving opinions from relevant departments and units according to the different opinions received:
(1) If the historical illegal building does not have major security risks or the risks have been rectified, a Proposed Confirmation Notice for Illegal Buildings Left over from the Process of Rural Urbanization (hereinafter referred to as the Proposed Confirmation Notice) shall be produced, and the administrative punishment notice issued by the district planning and land supervision agency, the notice to pay the land price, the notice to pay the inspection expenses and other expenses, and the documents entrusted to the local subdistrict office to serve shall be attached, and all the aforesaid documents shall be served to the applicant by the local subdistrict office;
(2) If there are major security risks and cannot be rectified or the historical illegal building is located within the basic ecological control line cannot be retained, the district planning and land supervision agency shall impose the administrative punishment, dismantle or confiscate it according to law.
The Proposed Confirmation Notice shall be valid for 1 year from the date of service.
Article 28 After the documents stipulated in the preceding Article are served to the applicant, the district planning and land supervision agency shall impose the administrative punishment according to law and attach the administrative punishment decision and the documents entrusted to the local subdistrict office to serve. The aforesaid documents shall be served to the applicant by the local subdistrict office
Chapter Four Process, Confirmation and Fine, Land Price
Article 29 After the party or the administrator of a historical illegal building pays the fine, the land price, the inspection and other expenses, the applicant shall apply to the District Investigation Office for the Confirmation Decision for the Illegal Buildings Left over from the Process of Rural Urbanization (hereinafter referred to as the Confirmation Decision) with the Proposed Confirmation Notice and the payment voucher.
If the following conditions are met, the District Investigation Office shall issue a Confirmation Decision within 15 workdays from the date when the applicant submits the material specified in the preceding Paragraph:
(1) The historical illegal building does not fall in the circumstances that shall be dismantled or confiscated stipulated in Articles 9 and 10 of the Decision and Article 46 of these Implementation Measures, does not fall in the scope that shall be dismantled and rebuilt in the urban renewal project according to the urban renewal annual plan and the approved planning, and does not fall in other circumstances that shall not be processed and confirmed according to provisions of these Implementation Measures;
(2) The fine has been paid in accordance with the administrative punishment decision;
(3) A written review opinion on planning and land issued by the Department of Planning and Land Resources has been obtained and the land price has been paid in accordance with the written review opinion;
(4) A qualified house safety inspection report filed with the district administrative department of construction has been acquired and the inspection expenses have been paid;
(5) A firefighting inspection or filing document has been obtained and the related expenses have been cleared;
(6) The corresponding commitment or agreement has been submitted in accordance with the provisions of these Implementation Measures.
The Confirmation Decision shall be issued per building, however, with regard to the circumstances stipulated in Article 63 of these Implementation Measures, the Confirmation Decision shall be issued according to the actual situation.
Article 30 The Confirmation Decision shall include the following contents:
(1) A description of the identity of the applicant (including the co-owner);
(2) The name and number of the building, the location, the use, the number of floors, the construction area, the building structure, the base area and the time of completion of construction;
(3) The area of land, the use of land, the proprietary source, the land nature, the land use period and the commencement and ending dates, the land lot number, the land coordinates and the accompanying map;
(4) The description of housing safety inspection and firefighting inspection or filing;
(5) The payment information on the fine and land price;
(6) The opinion of confirmation specifying the specific contents of the restrictions on the building and the land use right.
Article 31 The applicant shall, after acquiring the Confirmation Decision, apply to the municipal registration center of real estate right (hereinafter referred to as the Registration Agency) for the initial registration of real estate and submit the following materials:
(1) An application for initial registration of real estate;
(2) The identity certificate;
(3) Original certificates of entitlement, such as the Land Use Certificate for Construction of Collective Land and the Proprietary Certificate of House;
(4) The Confirmation Decision;
(5) The map of the land lot;
(6) Other materials required by the Registration Agency to be submitted.
Article 32 The historical illegal buildings after processing and initial registration shall be non-commercial and be limited for self-use, and shall not be mortgaged or transferred.
If there is a need to lease or conducting business activities with a historical illegal residential building which has been confirmed as non-commercial real estate and limited for self-use, formalities shall be conducted according to relevant provisions, and the land use tax and relevant taxes and fees shall be paid.
Article 33 If the party or administrator of a historical illegal building is reluctant to conduct processing and confirmation formalities after obtaining the Proposed Confirmation Notice, he or she may apply to the district government for government acquisition.
The district government shall organize relevant departments to purchase the houses stipulated in the preceding Paragraph in accordance with the relevant provisions, apply for the real estate initial registration in the name of the agency designated by the municipal government, and may use the houses as temporary affordable houses based on the actual safety status of the houses.
If the party or administrator of a historical illegal building who has obtained the Proposed Confirmation Notice does not apply for real estate initial registration within the prescribed period, and does not apply for government acquisition, the government may carry out expropriation according to law.
Article 34 The historical illegal residential buildings shall be registered as non-commercial real estate after the fine and the land price being paid according to the following provisions:
(1) As to those historical illegal buildings built by the indigenous villagers and complying with the “one house for one household” principle, the land price shall be exempted, the total construction area within 480 square meters shall be exempted from punishment, the total construction area more than 480 square meters and less than 600 square meters shall be imposed a fine of 30 Yuan per square meter, the construction area more than 600 square meters and less than 800 square meters shall be imposed a fine of 60 Yuan per square meter, the construction area more than 800 square meters shall be imposed a fine of 100 Yuan per square meter;
(2) As to those historical illegal buildings built by the indigenous villagers and violating the “one house for one household” principle, the land price for the first additional building shall be 25% of the current announced benchmark land price, a fine of 100 Yuan per square meter of the construction area shall be imposed on the first additional building, the land price for the second additional building shall be 25% of the current announced benchmark land price, a fine of 200 Yuan per square meter of the construction area shall be imposed on the second additional building, the third and other additional buildings shall not be processed and confirmed;
(3) As to the historical illegal residential buildings or the historical illegal multi-use buildings of which the main use is for residence that are built collectively by the former rural collective economic organizations or their successors to solve the residential problems of the indigenous villagers, the successor to the former rural collective economic organization shall be the party of the historical illegal building for the part unauthorized by the Department of Planning and Land Resources or exceeding the authorization, the land price shall be 25% of the current announced benchmark land price, and a fine of 100 Yuan per square meter of the construction area shall be imposed.
As to the historical illegal residential buildings built and applied jointly by the indigenous villagers and non-indigenous villagers, the part built by the indigenous villagers shall be processed according to the provisions in the preceding Paragraph, and the part built by the non-indigenous villagers shall not be processed and confirmed.
Article 35 The historical illegal buildings for production and business, commerce and office shall be registered as non-commercial real estate after the fine and the land price being paid according to the following provisions:
(1) The successor to the former rural collective economic organization shall be imposed a fine of 20 Yuan per square meter of the construction area, if the building is located within the red line of the non-agricultural construction land, the land price shall be exempted, if the building is located outside the red line of the non-agricultural construction land, the land price shall be 25% of the current announced benchmark land price;
(2) The related indigenous villagers, other enterprises or non-indigenous villagers shall be imposed a fine of 120 Yuan per square meter of the construction area, and the land price shall be the current announced benchmark land price.
Article 36 If a historical illegal building of which the construction was stopped at Oct. 28th, 2004 and has not been authorized to restore construction, or of which the construction has not been completed at the time when the application according to the Decision was submitted shall be dismantled or confiscated in accordance with law, the district planning and land supervision agency shall carry out the administrative punishment according to law; the private residential house which is built by the indigenous villagers and complies with the construction standard on non-commercial residential houses of indigenous villagers and the total construction area is less than 480 square meters may be handled with reference to the relevant provisions on construction restoration and be processed according to the provisions of these Implementation Measures; under other circumstances, the building above the land shall be capped at current status and accept process according to these Implementation Measures, if the capping at current status fails or construction is continued or added, the whole building shall not be processed and confirmed.
Article 37 If the historical illegal building is located outside the red line of the non-agricultural construction land, the following provisions shall be complied with:
(1) If the building can be adjusted to be inside the red line of the non-agricultural construction land or can be deducted with the indices of the non-agricultural construction land or the settlement return land, the land price shall be paid with the standard for the land inside the red line of the non-agricultural construction land;
(2) If the adjustment is impossible or the indices of the non-agricultural construction land or settlement return land have not been deducted, but the formalities of expropriation or conversion have not been perfected and the government has not paid the land compensation, the formalities shall be perfected, the land price shall be paid according to the provisions of these Implementation Measures, the government shall not pay the expropriation or conversion compensation.
(3) Other circumstances than stipulated in Items (1) and (2) of this Paragraph shall not be processed and confirmed.
If the land occupied by a historical illegal building covers across the red line of the non-agricultural construction land, the land price shall be calculated according to the area outside and inside the red line respectively.
If a historical illegal building is processed by deducting the indices of the settlement return land according to these Implementation Measures, the specific ratio and mode of the conversion of the settlement return land shall be formulated separately.
Article 38 The standards of the fine and land price of the historical illegal buildings for other use shall be the current announced benchmark land price which is closest to the standards of the fine and land price for the use stipulated in Items (1) to (4) of Article 9 of these Implementation Measures.
The fine and land price of the historical illegal buildings used as public supporting facilities shall be exempted.
As to the multi-use historical illegal buildings, the fine and land price shall be calculated respectively on the basis of the construction area of each use according to provisions of this Chapter.
Article 39 The historical illegal buildings after processing and initial registration according to law, in the light of relevant provisions of Shenzhen, may be applied to be converted to be commercial if the following conditions are met:
(1) As to those historical illegal residential buildings built by the indigenous villagers and complying with the “one house for one household” principle, the land price shall be 10% of the announced benchmark land price at the time when the application for conversion is submitted for the construction area within 480 square meters;
(2) As to the historical illegal buildings for production and business, commerce and office built by the successors to the former rural collective economic organizations, the land price shall be paid according to the relevant provisions on the land use right trading of the non-agricultural construction land and the settlement return land of the municipal government at the time when the application for conversion is submitted;
(3) As to the historical illegal buildings for production and business, commerce and office built by the indigenous villagers or other enterprises or non-indigenous villagers, the land price shall be replenished according to the market evaluation price at the time when the application for conversion is submitted.
Those historical illegal residential buildings, which have been processed according to Several Provisions on the Processing of Historical Illegal Private Houses of Shenzhen Special Economic Zone and have obtained the non-commercial real estate ownership certificate, comply with the “one house for one household” principle for the indigenous villagers, and have obtained the qualified report of house safety inspection filed with the district administrative department of construction and the qualified firefighting acceptance or filing certificate, may apply to be converted to be commercial according to the provisions of this Article.
Chapter Five Temporary Use
Article 40 After census and record and before processing according to law, the historical illegal buildings shall conduct filing for temporary use if the relevant conditions stipulated in these Implementation Measures are met, however, the circumstances stipulated in Items (2), Paragraph 1 and Paragraph 2, Article 23 of these Implementation Measures shall be excluded.
The term of temporary use shall be 5 years. Without the filing formalities for temporary use, the historical illegal building shall not be used for lease or conducting business activities.
The specific measures on temporary use of the historical illegal residential buildings, which are built by the non-indigenous villagers, shall be formulated separately by the Department of Planning and Land Resources, jointly with district governments, in accordance with the provisions of this Chapter.
Article 41 If the party or the administrator of a historical illegal building needs temporary use, the following materials shall be submitted to the local District Investigation Office or the entrusted subdistrict office and filing of temporary use shall be conducted:
(1) A written application;
(2) The identity certificate of the party or the administrator;
(3) The receipt of application for historical illegal buildings;
(4) The function of temporary use;
(5) The commitment for temporary use;
(6) A qualified evaluation report on geologic safety issued by a geologic disaster evaluation institution with legalized qualifications stipulated in Paragraph 2, Article 20 of these Implementation Measures;
(7) A qualified report on house safety inspection issued by a house safety inspection institution and filed with the district administrative department of construction;
(8) A certificate of firefighting check and acceptance or filing issued by the firefighting department of public security authority;
The corresponding certificate and reports stipulated in Items (6), (7), (8) of the preceding Paragraph shall be handled with reference to the provisions of Articles 20, 25, 26 of these Implementation Measures. If the applicant has the corresponding valid certificates or reports, he or she may submit the original valid certificates or reports.
Article 42 The commitment for temporary use shall mainly include the acknowledgement and confirmation of the following matters by the party or the administrator of the historical illegal buildings:
(1) The temporary use is the provisional supervision measure the government impose on the historical illegal buildings according to the Decision, and shall not represent the confirmation on the historical illegal buildings;
(2) The government shall have the right at any time to process the historical illegal buildings in temporary use according to law, and the filing certificate for temporary use shall cease to be in effect automatically;
(3) The party or the administrator of the historical illegal buildings shall not claim any compensation or reimbursement solely on the filing certificate of temporary use.
The function of temporary use shall be declared by the party or the administrator of the historical illegal building, and shall be the supervision basis for firefighting and other administration.
Article 43 If the filing materials comply with the provisions of Article 41 of these Implementation Measures, the District Investigation Office or the entrusted subdistrict office shall issue the Filing Certificate for Temporary Use of the Historical Illegal Building (hereinafter referred to as the Filing Certificate) within 10 workdays ，which contains the following contents:
(1) The temporary user;
(2) The function and the term of temporary use;
(3) The census record code of the historical illegal building;
(4) The main contents of the commitment for temporary use;
(5) The extension mode;
(6) Other matters.
The information on issuance of the Filing Certificate shall be included in the files of historical illegal buildings.
Chapter Six Dismantlement or Confiscation
Article 44 If the party or the administrator of the historical illegal building fails to apply to the local subdistrict office where the building is located within the prescribed period and according to the census requirements stipulated in Article 4 of the Decision, the subdistrict office shall post an announcement in the local neighborhood, the main public places of the subdistrict, and on the website of the municipal and district governments for 3 months.
If the subdistrict office has posted the announcement before the implementation of these Implementation Measures, the announcement shall not be repeated.
If the contact address or means of the party or the administrator of the historical illegal building is obtained before the expiration of the announcement, the party or the administrator shall also be noticed in writing.
Article 45 The main contents of the announcement shall include:
(1) The specific location of the historical illegal building;
(2) The basic information such as the construction area, the number of floors and the actual use conditions of the historical illegal building;
(3) The deadline for the supplementary application;
(4) The legal consequences of failure of supplementary application.
During the announcement period, no unit or individual shall deface, tear up or otherwise destroy the written announcements of the subdistrict office.
If the basic information such as the construction area, the number of floors and the actual use conditions of the historical illegal building stipulated in Paragraph 1 of this Article cannot be ascertained, the relevant information may not be included in the announcement, but the reason why the information cannot be ascertained shall be stated in the announcement.
Article 46 If the party or the administrator of the historical illegal building fails to apply after the expiration of the announcement period, the subdistrict office shall, after temporarily management for 3 months, dismantle or confiscate the building according to law. If an application is made within the announcement period, it shall be dealt with according to the relevant provisions in Chapter Three and Five of these Implementation Measures.
Article 47 During the temporary management, the subdistrict office shall inform the relevant units and individuals that dwell or operate in the historical illegal building to leave within a rational period, the units and individuals shall obey or cooperate.
If the relevant units or individuals fail to leave within the prescribed period, the subdistrict office shall apply to the district government for organizing the departments of market supervision, public security, and investigation to forcibly move out the relevant units and individuals. The subdistrict office shall list the unclaimed belongings that are removed, post an announcement and keep the belongings in custody in the designated concentration area for 6 months.
The relevant units or individuals that claim the belongings within the custody period shall conduct claim formalities. If the 6 months custody period expires and no one claims, the belongings shall become state-owned, and be processed by the subdistrict office in accordance with law.
Article 48 If the land where the historical illegal buildings are located is the state-owned land which may be displaced by the indices of the settlement return land according to relevant provisions of Shenzhen on perfection of historical expropriation or conversion issues left over from the process of rural urbanization and settlement of land reclaim, it shall be deemed as not falling into “the illegal occupation of the state-owned land of which the expropriation or conversion formalities have been perfected” as stipulated in Article 9 and 10 of the Decision. The land price shall be paid according to the provisions of these Implementation Measures on the land inside the red line of non-agricultural construction land.
Article 49 After the service of the administrative punishment decision of dismantlement according to law, the party or the administrator of the historical illegal building shall dismantle the building according to the administrative punishment decision and clean up the economic relations on his own.
After the service of the administrative punishment decision of confiscation according to law, the party or the administrator of the historical illegal building shall empty the building with the period prescribed in the administrative punishment decision, clean up the economic relations on his own, and transfer the building to the district planning and land supervision agency for confiscation.
If the party or the administrator of the historical illegal building fails to dismantle the building or fails to empty and transfer the building within the period prescribed in the administrative punishment decision, the district planning and land supervision agency shall carry out the compulsory dismantlement or confiscation, or apply to the people’s court for compulsory enforcement, the expenses of enforcement shall be borne by the party of the building. If the people or belongings inside the historical illegal building need to be cleared up, they shall be processed with reference to Article 47 of these Implementation Measures.
Article 50 In case that the historical illegal building pertains to one of the circumstances stipulated in Items (3), (4) and (5), Paragraph 1, Article 9 of the Decision, and the construction happens before the function of land was determined according to law, the following proper compensation shall be provided at the time of dismantlement according to different situations:
(1) The historical illegal buildings built by the indigenous villagers, the former rural collective economic organizations or their successors on the rural collective land where it was originally located shall be compensated with reference to the replacement price of the buildings;
(2) The historical illegal buildings built by the non-indigenous villagers or other enterprises or units shall be compensated with reference to the replacement to new price of the buildings.
If the land where the historical illegal building is located is the state-owned land of which the expropriation or conversion formalities has not been perfected or the government has not paid the compensation for expropriation or conversion, the land shall be incorporated into the management of the state-owned land after the building has been dismantled according to law and the land has been processed according to relevant polices on the land arrangement.
Article 51 If the historical illegal residential buildings built by the indigenous villagers and complying with the “one house for one household” principle pertain to the circumstances under which the buildings shall be dismantled or confiscated as stipulated in the Decision and these Implementation Measures, however, all the household members have no self-owned houses of any type in this municipality, a set of residential house of which the construction area is no less than 45 square meters for the family having no more than 2 persons or no less than 60 square meters for the family having no less than 3 persons or currency indemnity calculated according to the market evaluation price of the ordinary residential house with no less than the aforesaid construction area in the same region shall be provided as compensation, and the successor to the former rural collective economic organization shall be responsible for arranging the residential house complying with the “one house for one household” principle or built collectively by the successor, or the settlement residential house built in the local community.
If the historical illegal buildings are located inside the red line of the non-agricultural construction land, or located outside the red line but the construction act happens before the rural urbanization and the buildings are built by the indigenous villagers or the former rural collective economic organizations or their successors, the subsidy of building replacement price shall be provided when dismantling or confiscating the buildings before expropriating the houses or reclaiming the land rights, if the land has not be expropriated or converted or the government has not paid the compensation for expropriation or conversion, the expropriation or conversion formalities shall be perfected and the compensation shall be provided.
The subsidy stipulated in Paragraph 2 of this Article and the compensation stipulated in Article 50 of these Implementation Measures shall not be repeated.
Article 52 The date when the planning of the basic farmlands and the first level water conservation area is approved in accordance with the legal procedures shall be deemed as the time when the function of land is determined according to law.
The time when the planning function of the land of public roads, squares, green spaces, high-voltage power supply corridors, public facilities and public welfare project land and other land shall be identified by the Department of Planning and Land Resources.
If there are provisions on the underground pipelines in the city planning, the time when the function of land is determined shall be the time determined according to the provision of the preceding Paragraph; if there is no such provision, the time when the use of land is determined shall be the date when the projects related to the underground pipelines are completed and accepted by relevant authorities.
Chapter Seven Expropriation, Relocation Compensation and Subsidies
Article 53 After the historical illegal building is processed and confirmed according to these Implementation Measures, the party of the building shall comply with the needs of city planning implementation, urban renewal and public infrastructure construction projects, compensation shall be provided according to the following provisions at the time of house expropriation or land use right reclamation:
(1) If there is a commercial real estate certificate, the compensation standard for commercial real estate of the State, Guangdong province and this municipality shall be carried out, and the exchange of proprietary right shall be limited according to the provisions of Article 55 of these Implementation Measures;
(2) If there is a non-commercial real estate certificate, the replacement price shall be compensated for the building, the land price paid at the time of process and confirmation minus the corresponding land price for the period used shall be compensated for the land, if no land price is paid at the time of process and confirmation, no proprietary right shall be exchanged;
(3) If the conditions of process and confirmation are met but there is no real estate registration, or the conditions for application for the commercial real estate certificate are met but there is no commercial real estate certificate, process shall be conducted in the light of Items (1) and (2) of this Paragraph according to different situations, and the actual fine due, the land price and relevant taxes and fees for real estate registration shall be deducted.
If there are provisions on acquisition of historical illegal buildings in these Implementation Measures, the price of acquisition shall be determined with reference to the provision of the preceding Paragraph, however the provisions of laws, regulations, rules, and other provisions of the municipal government shall prevail.
Article 54 In case that there is need to expropriate houses or reclaim land use rights to carry out the city planning, urban renewal or public infrastructure construction projects, the historical illegal buildings which have been recorded in the census but have not been processed according to these Implementation Measures shall be compensated in the light of the relevant provisions on compensation for house expropriation of Shenzhen, however, if the historical illegal buildings which have applied and pertain to the circumstances of dismantlement or confiscation comply with one of the following conditions, the replacement price shall be subsidized for the building, if the land has not been expropriated or converted or the government has not paid the compensation for expropriation or conversion, the expropriation or conversion formalities shall be perfected and the compensation shall be provided.
(1) The building is located inside the red line of the former rural non-agricultural construction land;
(2) The building is located outside the red line of the former rural non-agricultural construction land, and is built by the indigenous villagers, the former rural collective economic organizations or their successors before the rural urbanization.
Article 55 When implementing Item (1), Paragraph 1, Article 53 of these Implementation Measures, limitations shall be set on the compensation in exchange of proprietary rights according to different situations:
(1) If the persons to be relocated are not the indigenous villagers or successors to the former rural collective economic organizations, compensation shall be provided in cash;
(2) If the persons to be relocated are the indigenous villagers or successors to the former rural collective economic organizations, the exchange of proprietary rights shall be provided according to relevant provisions on compensation for house expropriation of Shenzhen.
Article 56 If the residential buildings built by the indigenous villagers comply with the policy on non-commercial residential buildings of indigenous villagers do not exceed the authorized construction area or have more than one building for one household, the following preferential policies shall be provided when carrying out relevant reconstruction or relocation:
(1) If the indigenous villager has not reached the maximum control standard for the non-commercial residential buildings of indigenous villagers, the proprietary rights shall be exchanged in the light of the maximum control standard on the condition that the construction costs are replenished;
(2) Cash compensation shall be carried out according to the market evaluation price, if the construction area of the building to be relocated is lower than the average residential construction area of Shenzhen at the time that the relevant decisions of reconstruction or relocation are announced, the average residential construction area of Shenzhen shall be the basis to calculate the cash compensation, the price difference shall not be settled;
(3) Other preferential policies stipulated or approved by the municipal government.
Chapter Eight Legal Liabilities
Article 57 If the party submits false materials or uses concealment or deception to obtain the process and confirmation of the historical illegal buildings, and there are no registration acts other than the initial registration such as the real estate transfer or mortgage, the District Investigation Office shall revoke the Confirmation Decision and notify the Registration Agency in writing, the Registration Agency shall revoke the registration according to law, the Department of Planning and Land Resources shall impose on the violators a fine that shall be 20% of the sum of the fine paid at and the land price the time of the original initial registration, the land price paid shall not be refunded; If there are registration acts other than the initial registration such as the real estate transfer or mortgage, the Department of Planning and Land Resources shall impose on the violators a fine that shall be 100% of the sum of the fine and the land price paid at the time of the original initial registration, the land price paid shall not be refunded; if a suspected crime is constituted, it shall be transferred to the competent judicial organ for handling.
If the party of the historical illegal building fails to apply before the announcement stipulated in the Paragraph 1, Article 44 of these Implementation Measures, and applies after the announcement, the district planning and land supervision agency shall impose a fine of 500 Yuan.
Article 58 If the party of the historical illegal building obstructs the execution of official duties, the public security authority shall, according to the Law of Administrative Punishment on Social Security Management of the People’s Republic of China, impose administrative punishment, if the obstruction made with violence or menace constitutes a suspected crime, it shall be transferred to the competent judicial organ for handling.
Article 59 The reconstruction or expansion of the historical illegal building which has been processed and initially registered shall be investigated and handled by the planning and land supervision agency according to law; if the violators are suspected to constitute a crime, they shall be transferred to the competent judicial organ for handling.
If, in violation of the provisions of Paragraph 2, Article 40 of these Implementation Measures, the historical illegal building that does not file for temporary use is leased or conducting business activities, the departments of house lease, firefighting and etc. shall investigate and process according to law.
If the temporary user of a historical illegal building, in violation of provisions of these Implementation Measures, alters the temporary use function without authorization, the district planning and land supervision agency shall order the violations to be stopped and rectified within a prescribed period; if there is no rectification after the period, the district government or its entrusted subdistrict office shall withdraw the Filing Certificate, no Filing Certificate shall be issued within 6 months from the date of withdrawal.
If there are other violations of provisions on firefighting, house security and etc. in the course of the temporary use of historical buildings, the relevant authorities shall investigate and process according to law.
Article 60 In the process of dealing with historical illegal buildings, if it is necessary to stop supply of water, power or gas for the buildings that ought to be dismantled or confiscated, or have serious security risks, the District Investigation Office or the local subdistrict office shall inform the supply units of the information such as the name, address of the building; when there is a need to restore supply, the supply units shall be informed in writing.
If, after the supply units of water, power and gas stop the supply, the party acquires water, power or gas illegally, the administrative departments of water, power and gas shall order the violations to be stopped, and impose administrative punishment on both parties, if there is no fine stipulated in the relevant laws and regulations, the competent administrative department shall impose a fine of 50,000 Yuan on both parties respectively.
Article 61 If the illegal building is built for the purpose of real estate development, in addition to the dismantlement, confiscation or expropriation of the illegal building according to law, the illegal earnings of the party who actually segments and transfers the illegal building and causes significant economic loss or serious impact shall be confiscated, if the illegal earnings are impossible to be ascertained, they shall be determined by the project costs evaluated according to the actual construction area transferred; if a suspected crime of illegal business is constituted, it shall be transferred to the competent judicial organ for handling.
Chapter Nine Supplementary Provisions
Article 62 With regard to the buildings that are authorized to restore construction or approved to be constructed by the district government, the part within the approved land area, use, and construction area shall be processed with reference to theses Implementation Measures if the parties to construction are willing, the fine on the approved construction area shall be deducted by half; the part that exceeds the approved land area, use and construction area shall be processed according to these Implementation Measures.
The part of the non-commercial residential house built by indigenous villagers that does not exceed the approved land area, use and construction area shall be processed with reference to these Implementation Measures if the parties to construction are willing.
Article 63 If the historical illegal building is transferred through law enforcement procedures by the people’s court before the implementation of the Decision, the buyer shall apply to the District Investigation Office with relevant enforcement documents, auction and other purchase documents, the identity documents of the buyer, the Surveying Points Report of the building or other surveying reports recognized by the Department of Planning and Land Resources; if the buyer has applied to the subdistrict office according to relevant provisions of Shenzhen before the implementation of these Implementation Measures, the subdistrict office shall transfer to the District Investigation Office after the buyer submits the Surveying Points Report of the building or other surveying reports recognized by the Department of Planning and Land Resources.
The District Investigation Office and relevant administrative departments shall deal with the buildings stipulated in the preceding Paragraph in accordance with the following provisions:
(1) The fine shall be exempted except those that shall be dismantled or confiscated according to law;
(2) There is no need for the buyer to submit the commitment issued by the successor to the former rural collective economic organization about clearing up economic relations and expropriation or conversion relations;
(3) The buyer shall pay the land price in accordance with the market evaluation land price at the time that the auction and other purchase documents are signed;
(4) If the conditions of Items(1), (3), (4) and (5), Paragraph 2, Article 29 of these Implementation Measures are met, the Confirmation Decision shall be issued and registration as commercial real estate shall be approved, if the aforesaid conditions are not met, the buyer may apply for temporary use filing with reference to the relevant provisions of Chapter Five of these Implementation Measures;
(5) If parts of a building pertain to the building stipulated in the preceding Paragraph but other parts pertain to other circumstances, different parts of the building shall be processed respectively according to provisions of these Implementation Measures, if the corresponding conditions on process and confirmation in these Implementation Measures are met, real estate registration shall be made according to law;
(6) At the time of process, confirmation and real estate registration, the way of obtaining ownership shall be recorded as being auctioned by the people’s court and the date determined by the enforcement documents of the people’s court shall also be recorded, the time when the construction of the building is completed shall not be recorded, the registration price shall be determined according to the sum of the purchase price confirmed by the enforcement documents of the people’s court and the costs of process and confirmation.
Article 64 If the party or the administrator refuses to sign and accept the administrative punishment decision, the administrative enforcement decision and other administrative decisions or notices, or the administrative punishment decision, the administrative enforcement decision and other administrative decisions or notices cannot be served directly, the District Investigation Office shall post an announcement in the local neighborhood and on the websites of the municipal and district governments for 30 days, the service shall be deemed as completed at the date the announcement period expires.
Article 65 The historical illegal buildings built before March 5th, 1999 that comply with the process conditions stipulated in Several Provisions on the Processing of Historical Illegal Private Houses of Shenzhen Special Economic Zone and Several Provisions on the Processing of Historical Illegal buildings for Production and Business of Shenzhen Special Economic Zone but have not been processed shall be handled with reference to the procedures stipulated in these Implementation Measures.
Article 66 These Implementation Measures shall be put on trial implementation in the selected regions as of April 1st, 2014.
The historical illegal buildings located in the regions of urban renewal, land arrangement and key development regions may be included in the selected regions with priority.
The municipal office for investigating and handling illegal buildings and dealing with problems left over from the process of rural urbanization shall, in conjunction with the Office of the Municipal Leading Team for the Reform of Land Management System and relevant district governments and in accordance with the Decision and these Implementation Measures, formulate a special pilot work plan which shall specify the detailed selected regions, period, work steps and etc., and the work plan shall take effect after being approved by the municipal government.
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