Archived（May 31, 2018）
(Decree No.211 of Shenzhen Municipal People’s Government Promulgated on October 22, 2009)
Chapter One General Provisions
Article 1 In order to regulate the activities of urban renewal in the city, further improve the urban functions, optimize the industrial structure, improve the living environment, promote the intensive use of land, energy and resources, and promote sustainable economic and social development, these measures are hereby formulated in accordance with the relevant laws and the actual conditions of the Municipality.
Article 2 These measures shall be applicable to the urban renewal activities in the administrative area of the city.
The term, urban renewal, here refers to the activities of the comprehensive improvement, functional changes or demolition and reconstruction carried out according to the urban planning and the procedures prescribed in these measures, by the main subjects eligible for the provisions, in the following circumstances of the specific urban built-up area (including the old industrial areas, the old commercial areas, the old residential areas, villages in the city, old tract houses, etc.):
(1) The urban infrastructure and the public service facilities are in need of improvement.
(2) There exists a bad environment or major potential safety hazards.
(3) The existing land use, building functions or resources and energy use do not obviously suit the requirements of social and economic development, and make an impact on the implementation of the urban planning.
(4) And other circumstances need the urban renewal in accordance with the law or the approval of the municipal government.
Article 3 The urban renewal should follow the principles of government guidance, market operation, coordinated planning, economical and intensive use, protection of rights and interests, and public participation in order to ensure and promote the scientific development.
Article 4 The urban renewal shall conform to the national economy and social development overall planning, and be subordinated to the urban overall planning and land use overall planning. The implementation of the urban renewal unit planning and annual planning management system shall be made in the urban renewal.
The urban renewal unit planning is the base of the management of urban renewal.
The annual urban renewal planning shall be incorporated into the annual implementation plan for immediate construction and annual plan of land utilization.
Article 5 The urban renewal can be, in accordance with the relevant laws and regulations and the provisions of these measures, carried out separately by the municipal and district governments, land users or the others in conformity with the provisions.
Article 6 The municipal and district governments shall guarantee the expenses in the development, organization and implementation of the urban renewal work, and provide appropriate financial support to the urban renewal projects.
For the infrastructure and public service facilities involving the urban renewal, the corresponding project funds must be arranged from land leasing fee. If the urban renewal relates to the government investment project, the implementation shall be made according to the relevant provisions of the management of government investment project.
Article 7 The municipal planning and land department is responsible for the organization and coordination of the urban renewal of the whole city, and shall develop the relevant planning land management policies for the urban renewal, integrate the urban renewal planning and project management, formulate the relevant technical specifications, organize the development of the urban renewal unit planning, and take the responsibility of transferring, taking back and acquiring the land use rights.
Article 8 The district governments (including the new district management agencies, similarly hereinafter) organize, in their respective jurisdiction, the urban renewal land arrangement and the implementation of the comprehensive renewal projects and renewal projects of demolition and reconstruction determined by the municipal government, and coordinate the renewal projects of functional change and other demolition reconstruction.
The municipal development and reform department is responsible for drawing up the related industrial guidance policies for the urban renewal, and makes a coordination and arrangements of the annual fund for the urban renewal relating to the government investment. The municipal finance department is responsible for checking and allocating the urban renewal project funds in accordance with the plan.
The relevant authorities shall, in accordance with the law and in their respective functions, provide services and managements for the urban renewal activities.
Chapter Two Urban Renewal planning and plans
Article 9 The citywide urban renewal planning shall be developed according to the urban overall planning, joining the recent construction planning and clearly defining the key urban renewal areas and the urban renewal direction, target, time sequence, overall size and strategy.
Article 10 The statutory plans should make the following provisions on the urban renewal within the scope of its planning:
(1) the scope of urban renewal unit;
(2) the type and size of infrastructure and public service facilities that should be positioned within an urban renewal;
(3) the urban renewal planning guidelines.
Article 11 For the area in need of urban renewal in the urban built-up area with the circumstances prescribed in Article 2 of these measures, it is necessary to zone a relatively large stretch of land as the new urban renewal unit makes the new urban renewal unit planning, in the context of ensuring relatively complete infrastructure and public service facilities in accordance with the relevant technical specifications, and in consideration of the natural factors such as roads, rivers and other factors such as property boundaries.
A new urban renewal unit may include one or more urban renewal projects.
Article 12 The new urban renewal planning should be developed in accordance with the relevant technical specifications, and made known for public opinions in accordance with the law,
The urban renewal unit planning shall include the following contents:
(1) the infrastructure, public facilities, land use functions, and industry orientation and layout within the urban renewal unit;
(2) the specific scope, target, mode and planning control index of the project within the urban renewal unit;
(3) the urban design guide within the urban renewal unit;
(4) other contents that should be defined in the urban renewal unit planning.
If the urban renewal unit planning relates to industrial upgrading, it is necessary to solicit the opinions of the relevant industry departments.
Article 13 The urban renewal unit planning should be developed according to various control requirements identified in the statutory plans, and shall be implemented upon the approval of the municipal planning and land department.
For the area without the statutory plan, the urban renewal unit planning should, according to the requirements defined in the partition plan and on the basis of investigation of the present situation, be made, which will be reported the municipal government for approval and be implemented upon approval. The contents relating to the urban renewal unit planning should be included in the statutory plan formulation.
If the urban renewal unit planning makes some adjustment in the statutory mandatory contents, the municipal planning and land department shall report to the municipal government for approval. The corresponding contents shall be included in the statutory plan and be publicized.
Article 14 The annual urban renewal plan shall include the contents such as the planning formulation of the urban renewal unit planning, the projects that have been in the conditions of demolition and reconstruction and of comprehensive improvement, and relevant sources of funding, etc. Wherein, the annual plan of the comprehensive improvement can be made alone.
Article 15 The district governments may organize the relevant departments to select the urban renewal projects in the area under their jurisdiction, put forward the formulated plans of the urban renewal unit planning and the projects that that have been in the conditions of demolition and reconstruction and of comprehensive improvement, and apply to the municipal planning and land department for filing into the annual urban renewal plan.
The relevant government departments, and the relevant enterprises and institutions can also propose the formulated plans of the urban renewal unit planning and the projects that that have been in the conditions of demolition and reconstruction and of comprehensive improvement, and apply to the municipal planning and land department for filing into the annual urban renewal plan after soliciting the advice of the district government.
Article 16 If the urban built-up area, which is not incorporated into the urban renewal unit planning, is with the circumstances prescribed in Article 2 of these measures and the related conditions of the urban renewal unit planning, the district governments and the related government departments in charge can, according to the citywide urban renewal planning and other relevant plans, work out the scope of the urban renewal unit and put forth a proposal to bring it into the annual renewal plan, and submit it to the municipal planning and land department.
Article 17 After an overall consideration and coordination of the materials submitted by the district governments, the government departments and the relevant enterprises, the municipal planning and land department shall formulate the annual urban renewal plan, and after publicizing it in accordance with the procedures, it will be brought into the annual recent construction implementation plan and the land use plan draft, and report them to the municipal government for approval.
If a separate formulation of the annual comprehensive improvement and renewal project plan is needed, the planning and land department can develop it separately and report it to the municipal government for approval.
The annual urban renewal plan can be adjusted in accordance with the above approval procedure.
Article 18 If the formulated plans of the urban renewal unit planning submitted by the district governments under their jurisdiction are brought into the annual renewal plan, the urban renewal unit planning draft made by the district governments shall be submitted in accordance with the prescribed procedures for approval.
If the formulated plans of the urban renewal unit planning submitted by the relevant government departments and enterprises or institutions are brought into the annual renewal plan, the municipal planning and land department shall organize them to develop the urban renewal unit planning draft, which will be submitted in accordance with the prescribed procedures for approval.
Chapter Three Urban Renewal of Comprehensive Improvement
Article 19 The urban renewal projects of comprehensive improvement mainly include such matters as improving fire facilities, infrastructure and public service facilities, building facades along the streets, environmental renovation and energy-saving renovation of existing buildings without any change of the structure and function.
Any affiliated facilities shall not generally be attached to the urban renewal projects of comprehensive improvement. If they have to be attached for the needs of eliminating potential safety problems and improving infrastructure and public service facilities, they shall come up to the requirements of the urban planning, environmental protection, building design, building energy saving and fire safety.
Article 20 The relevant technical specifications for the urban renewal of comprehensive improvement shall be formulated by related departments in charge and be reported to the municipal government for approval.
Article 21 The implementation scheme of the renewal projects of comprehensive improvement shall be made and carried out by the local district governments.
According to the laws, regulations and relevant provisions or relevant standards and specifications, the project in the implementation of comprehensive improvement shall be reported to the relevant government departments for approval or for filling, if required.
Article 22 The expenses of the renewal project of comprehensive improvement shall be jointly borne by the local district government, the proprietor or other related people, and the proportion shall be determined in consultation by the parties concerned. The ratio of the expenses relating to the improvement of infrastructure, public service facilities, and environmental appearance for all the parties concerned shall be determined according to the relevant provisions on the division of the administrative power of the municipal and district financial departments.
Chapter Four Urban Renewal of Functional Change
Article 23 The renewal project of functional change is to change some or all of the use functions of a building, but to retain the original main structure, and not to change the land use rights and use duration.
The affiliated facilities may be attached to the renewal project of functional change according to the needs of eliminating potential safety problems and improving infrastructure and public service facilities, and they shall come up to the requirements of the urban planning, environmental protection, building design, building energy saving and fire safety.
Article 24 The renewal project of functional change shall conform to the industrial layout planning and first priority shall be given to the needs of public space increase and industrial transformation and upgrading.
Article 25 The person with land use rights who implements the renewal project of functional change shall, in accordance with the procedures prescribed in the provisions of the relevant laws and regulations on the change of the building use functions, attend to the application to the municipal planning and land department and other related departments for the relevant formalities such as planning change permission.
Upon the receipt of the application for planning change permission, the municipal planning and land department shall make a public announcement in Shenzhen Special Zone Daily and Shenzhen Economic Daily for publicity, the publicity time can not be less than 7 days, and the public charges are for the account of the applicant.
If a building is owned by more than one owner and some apply for the change of residences into business premises, the applicant shall ask for the agreement of the interested parties according to the law, and submit the written confirmation in the application for planning change permission.
If a building is owned by more than one owner and some apply for other forms of functional changes, the reference shall be made to the provisions of the preceding paragraph.
Article26 If the municipal planning and land department has approved the functional change, the project undertaker shall sign a supplementary agreement to the grant contract of land use right or sign a new contact with the land use right owner, and shall pay the premium for the land use in accordance with the relevant provisions.
The land use term after the functional change of the land use right will be determined according to the remaining term deducted from the original use term. If the original land use term is insufficient for the maximum legal term, it can be prolonged in accordance with the provisions after the payment of the premium.
Article 27 The premium that has to be paid for the renewal project of functional change shall to be determined in accordance with the following provisions:
(1) For the original area of the building involved in the functional change, the premium shall be determined in accordance with the remaining term, which will be deducted from the original land use, after its functional change of the land use right in the calculation of the announced standard land price;
(2) For the increased construction area for the functional change, the land premium shall be determined according to the remaining term of the land use rights after the functional change in the calculation of the market assessment price standard.
If the non-commercial real estate is to be turned into the commercial, the land premium shall be paid in accordance with the relevant provisions.
Chapter Five Urban Renewal of Demolition and Reconstruction
Article 28 The renewal project of demolition and reconstruction shall be strictly implemented in accordance with the provisions of the urban renewal unit planning and the annual renewal planning.
Article 29 If, before the land use right expiration of the urban renewal unit, it is necessary to adjust the land use or have the land taken back because of the needs of the separate construction of the public interests such as infrastructure and public service facilities or the reconstruction of the old urban areas for the implementation of the urban planning according to the regulations of the urban renewal unit planning, the municipal planning and land department shall take back land use rights with compensation.
Article 30 In addition to those that shall be taken back, the municipal government can organize the acquisition of the land use rights based on the urban renewal needs, and the land use right owner within the urban renewal unit may also apply for the acquisition of the land use rights to the municipal planning and land department.
The procedures, conditions and prices of the acquisition of the use land rights shall be determined in accordance with the relevant provisions on land reserve and land acquisition.
Article 31 In addition to encouraging the proprietor to rebuilt himself or herself, the enterprise can be introduced to assume the demolition by way of tender if it is organized by the government in the implementation of the urban renewal, and the costs and reasonable profits can be taken as the compensation and be paid from the land assignment revenue. And while having determined the development construction conditions and having developed the urban renewal unit planning, the winning bidder or the vendee determined by the government in the land use right bidding, auction and listing transferring shall together implement the urban renewal, and they shall be responsible for removing and cleaning up the buildings, structures and other attachments.
Article 32 If the land use owner and the owner of the buildings, structures and attachments within the scope of the urban renewal projects of demolition and reconstruction are the same subject, he or she can implement the demolition and reconstruction in accordance with the present measures.
Article 33 If the land use owner and the owner of the buildings, structures and attachments within the scope of the urban renewal projects of demolition and reconstruction are not the same subject, they can make an agreement to make clear the rights and obligations and then make a single subject implement the urban renewal, and can also establish a company in accordance with the provisions of the Company Law the People's Republic of China with their real estate as its shares by means of a agreement assigned by the numerous subjects concerned in order to implement the renewal and to handle the relevant planning, land use, construction procedures.
Article 34 If the buildings on the same piece of land are owned by different owners and 2/3 or more of the total owners who occupy 2/3 or more of the total areas agree to the demolition and reconstruction, they will then constitute a subject of right for all of the owners.
The demolition and reconstruction of the village in the city and the old tract house shall be subject to the voting of the general meeting of shareholders of the original rural collective economic organization in accordance with the relevant provisions.
The village in the city here refers to the non-agricultural construction land area within the built-up area kept back by the villagers of the original rural collective economic organizations in the process of urbanization in accordance with the relevant provisions.
Article 35 The proprietor’s renewal project subject of the demolishment and reconstruction shall, after obtaining the urban renewal project planning permit, sign a supplementary agreement to the land use right transfer contract or sign a new contract of land use right with the municipal planning and land department, the term of land use right shall be calculated again, and the premium shall be paid in accordance with the provisions.
Article 36 In the case of the urban renewal project of demolition and reconstruction in the village in the city, the premium shall not be paid if the building volume rate is less than 2.5, if it is between 2.5 to 4.5, 20%, the premium shall be paid in accordance with 20% of the announced standard land price, and if it is more than 4.5, the additional premium shall be paid in accordance with the announced standard land price.
After the demolition and reconstruction of the village in the city with the payment of the additional premium in accordance with these measures, the perfect property rights of the buildings and the attachments in conformity with the relevant provisions can be obtained by the construction units and can be freely transferred.
The additional premium paid for the demolition and reconstruction projects in the village in the city can be returned to the local district governments in accordance with the relevant provisions as the construction expenses of infrastructure and public facilities for the village in the city.
Article 37 If the old tract house demolition and reconstruction have been completed before the implementation of the Announcement of Temporary Measures for Planning and Land Management of Shenzhen Bao’an and Longgang Districts, the additional premium shall not be paid for the construction area which covers 1.5 times of the present area, but it has to be paid for the part that exceeds the figure according to the announced standard land price.
Article 38 If the upgrading projects of the demolition and reconstruction in industrial areas are for the industrial use or the industry which the municipal government encourages to develop, no additional premium shall be paid for the part within the original legal construction area; but 50% of the additional premium has to be paid for the increased part in accordance with the announced standard land price.
If the upgrading projects of the demolition and reconstruction in the industrial areas are for residence, office, commercial and business purposes, the additional premium shall be paid for the part within the original legal construction area according to the transformation of the functions and the term of land use right and to the announced standard land price. The premium shall be calculated by the deduction of the original land use and the remaining term in accordance with the announced standard land price. The premium shall be paid for the increased construction area according to the transformation of the functions and the term of the land use right, which will be calculated by the assessment of the market price standard. However, if the municipal government has formulated some other provisions on dealing with the projects of old town reconstruction and old village renovation in Bao’an and Longgang Districts, they shall be followed.
If the premium has not been totally paid for part of the upgrading projects of demolition and reconstruction in the industrial areas in accordance with the announced standard land price, it shall be restricted to self use. If a building has been completed and need to be transferred, the municipal industrial building transfer regulations shall be applicable.
Article 39 Except the projects prescribed in Article 36 and Article 38 of these measures, the premium shall be paid, in accordance with the announced standard land price, for the urban renewal upgrading projects of demolition and reconstruction according to the transformation of the functions and the term of land use right. The premium shall be calculated, in accordance with the announced standard land price, by deducting the original legal construction area according to the original land use and the remaining term of the land use right.
If non-commercial real estate is to be turned into the commercial, the additional premium shall be paid in accordance with the relevant provisions.
Article 40 The proprietor in the implementation of demolition and reconstruction shall, in accordance with the law, deal well with the economic relations within the scope of the demolition and reconstruction projects, remove and clean up the buildings, structures and attachments on the ground, and transfer the land for infrastructure and public service facilities in accordance with the requirements defined in the urban renewal planning and land use right transfer contract. The expenses taken shall not be compensated by the government.
Chapter Six Other Provisions
Article 41 The legally identified dilapidated building and a single building in need of demolition and reconstruction shall not be brought into the annual urban renewal planning according to the relevant provisions on the dilapidated building management，and the urban renewal unit planning shall not be specifically formulated.
Article 42 The illegal land use and illegal buildings within the scope of the urban renewal projects can be used as the objects with specified property rights, after they have been settled in accordance with the relevant laws, regulations and the relevant provisions of Guangdong Province and our municipality.
The buildings, structures or attachments within the scope of the urban renewal projects without property right registration, but not illegal, can be used as the objects with specified property rights after going through the relevant formalities according to the provisions on dealing with the historical issues of real estate.
Article 43 For the unsold state-owned land such as corner pieces, sandwich pieces and pieces belonging to one unit but enclosed in that of another within the scope of urban renewal unit, priority shall be given to the construction of infrastructure and public service facilities.
The land that is not planned for the construction of infrastructure and public facilities shall, according to the urban renewal unit planning, be together brought into the renewal. The municipal planning and land department shall handle the relevant formalities to sell it to the main implementation subject of its adjacent plots. The total area of transferring fragmentary land shall not exceed 10% of the total land area and more than 3000 square meters if within the special zone.
Article 44 The urban renewal project shall comply with historic and cultural heritage protection laws and regulations and the historic and cultural relics shall be protected in accordance with the law.
The implementation of urban renewal shall not destroy various types of city security systems such as the municipal flood control system and the urban people’s air defense facilities or make them lose their partial or total functions.
Article 45 According to the relevant requirements of the affordable housing construction and industrial building construction, a proportion of the policy premises may be constructed in the demolition and reconstruction projects, of which the specific measures shall be separately formulated by the relevant departments and reported to the municipal government for approval.
Article 46 If the urban renewal involves the industrial land, it shall not only follow the provisions of these measures, but also be up to Shenzhen Industry Guide Directory and other relevant industrial policies such as those for industrial upgrading.
Article 47 The municipal planning and land department shall, in accordance with the provisions of the urban renewal planning, determine the contents such as affordable housing, industrial buildings, and infrastructure and public service facilities in the land use right transfer contract with the main project implementation subject.
Article 48 The large renewal project can be implemented by stages.
The planning control targets such as time sequence and size for the implementation of the urban renewal project by stages shall be provided in the urban renewal unit planning and planning permission documents.
The infrastructure, public service facilities and buildings for the moving-back owners shall be given priority to in the implementation of the urban renewal project.
Article 49 In the process of the implementation of urban renewal, the work of energy saving and emission reduction shall be effectively promoted through the development of the green building and livable environment, the improvement of energy structure, the promotion of water and rainwater utilization, the enforcement of the construction of waste reuse and so on.
Chapter Seven Supplementary Provisions
Article 50 Any of the related management departments and their staff that violate the law and disciplines in the management of the urban renewal shall be subject to administrative liabilities; if suspected of a crime, they shall be transferred to the judicial organ for handling.
Any of the implementation main subjects that violate the relevant laws and regulations of the municipal planning and land management shall be subject to legal liabilities.
Article 51 These measures shall be implemented as of December 1, 2009. If there are any discrepancies between the measures and the past relevant provisions of our municipality, these measures shall prevail.
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