(Adopted at the Twenty-eighth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on May 21, 2009)
Tocompletely straighten out and categorize illegal buildings left over from the process of rural urbanization, strengthen land resources management and advance urbanization, thisDecision is formulated according to the basic principles of laws and regulationsin combination with actual conditions of this Municipality:
1. The municipal and district governments shall strictly implement relevant laws and regulations to advance the work to handle illegal buildings left over from the process of rural urbanization from all aspects, under the principles of investigating roundly, categorizing, respecting the past, straightening out owners, handling according to law, tempering justice with mercy, and gradually.
2. The illegal buildings left over from the process of rural urbanization (hereinafter referred to as illegal buildings) refer to:
1) Non-commercial dwelling house built by an original villager whose area goes beyond the limit;
2) Constructions built before March 5, 1999 that fall in the application scope but have not been dealt with according to the Provisions of Shenzhen Special Economic Zone on Handling Private Illegal Buildings Left over from the Process of Rural Urbanization and the Provisions of Shenzhen Special Economic Zone on Handling Productive and Operative Illegal Buildings Left over from the Process of Rural Urbanization (hereinafter referred to as the two provisions);
3) Illegal buildings built before March 5, 1999 that can not be handled according to the two provisions;
4) Illegal buildings built between March 5, 1999 and October 28, 2004;
5) Illegal buildings built between October 28, 2004 and the implementation date of these decisions, except for those which are approved to be built or rebuilt by a district government.
3. The municipal government shall carry out a comprehensive survey into illegal buildings in the whole city, set up standing books and database for illegal buildings to itemize the construction party or manager, coordinates of location, land’s property, construction area, construction time, type and application.
The comprehensive survey of illegal buildings shall be accomplished within one year upon the implementation date of these decisions.
No fees shall be charged during the survey.
4. According to the requirements of survey, the construction party or manager of illegal building shall declare the building to the sub-district office where it is located within six months upon the implementation date of these decisions.
For the illegal buildings not declared within the specified time period, publications shall be made in the community where the building is located, in main public places in the district, and on the websites of municipal and district governments for three months. The buildings which are not declared by the expiration date shall be temporarily managed by a sub-district office and be demolished or confiscated according to law after the survey is finished.
5. The municipal government shall differentiate the extent of offense of illegal buildings record by the survey, and handle these buildings in batches step by step separately by affirming property right, dismantling or confiscating according to law or allowing temporary use according to these decisions, general planning of land use, city planning and the utilization plans of land.
6. If an illegal building record by the survey satisfies the requirements of affirming property right, initial registration shall be made according to relevant rules, with a legally verified and issued certificate of real-estate ownership, after a punishment and a payment of land price are made taking into account the specific situation of the building and the involved party under the principle of taking suitable care for the interests of both original villager and original peasants' collective economic organization.
The detailed rules on qualifications for affirming property right, criteria and procedures to impose penalty and charge for land price, and qualifications and procedures for going through initial registration shall be formulated by the municipal government separately.
7. The municipal government shall properly optimize and regulate the basic ecological control line, and formulate additional measures to handle illegal buildings occupying the land within the basic ecological line according to the basic principles of these decisions.
8. The illegal buildings built before March 5, 1999 shall be handled unceasingly according to thetwo provisions if they fall into the jurisdiction, while other illegal buildings shall be handled according to these decisions together with specific measures formulated otherwise by the municipal government.
9. An illegal building shall be demolished according to law under the following circumstances:
1) There is serious security risk that can not be rectified or eliminated;
2) The building illegally occupies the state-owned land, finishes procedures for land expropriation and transferring compensation, and has bad impact to the city planning without rectification possibility.
3) The building occupies basic farmland;
4) The building occupies the land for the first-grade protection area of water resource;
5) The building occupies the land for public roads, squares, greenbelts, high-voltage power supply corridors, public facilities and projects or underground pipeline routes, has bad impact to the city planning without rectification possibility;
6) Other circumstances under which the illegal building shall be demolished according to law
When demolishing an illegal building which is built before the land use is determined and is under any one of the circumstances stipulated in 3), 4) or 5), appropriate compensation shall be made. The specific measures for compensation shall be otherwise formulated by the municipal government.
10. An illegal building shall be confiscated according to law under any one of the following circumstances:
1) The building illegally occupies the state-owned land and finishes the procedures for land expropriation and transferring compensation whose using function is consistent with the city planning or which can be utilized even in violation of the city planning;
2) The building which belongs to industrial buildings or mating buildings and whose construction area goes beyond the limit set for industrial land by district government;
3) Other circumstances under which the illegal building shall be confiscated according to law.
11. Before being handled according to these decisions and relevant regulations, an illegal building recorded in the survey may be allowed to be used temporarily and conditionally.
If a construction party or manager of illegal building needs to use the building temporarily, he shall apply for accepting project quality and fire safety inspections. If the illegal building passes the inspections mentioned above, and meets the ecological safety requirements, relevant procedures for engaging in production, operation and house leasing temporarily may be gone through. The specific rules on procedures and use term of temporary use shall be otherwise formulated by the municipal government.
12. The amount of compensation and subsidy for demolishing illegal buildings shall be decided under the principles of respecting the past, being impartial and reasonable, and fitting different situation, with proper consideration about the interests of the original villagers and rural collective economic organizations, and under the spirit of favoring the law-abiding persons. The specific measures for compensation and subsidy shall be formulated by the municipal government separately.
If an illegal building whose property rights have been confirmed after process is required to be demolished because of public interests, such as the implementation of city planning, the reconstruction of old city(village), and the construction of basic public facilities, compensation shall be granted.
If an illegal building which is recorded in the survey, and is located within the red line of the land originally for rural non-agricultural construction or is built before rural urbanization by original villagers or rural collective economic organizations beyond the red line of the land originally for rural non-agricultural construction, proper subsidy shall be granted when the building is demolished according to law, except that the building’s property rights have been confirmed or that the building is not reported.
13. Policy privilege shall be granted when a non-commercial residence house, which is built by original villagers and is consistent with the lowest controlling standard set by the Two Provisions, is changed or demolished. The specific measures for policy privilege shall be formulated by the municipal government separately.
14. The municipal and district governments shall actively advance the reconstruction work of old city(village) and old industrial park, perfect auxiliary facilities, improve the environment of old city(village) and old industrial park, shall actively guide and support stock corporations and grass-roots community organizations to strengthen the vocational training for original villagers to improve their employability.
The illegal building which is located in an old city (village) or old industrial park where is approved by the municipal government to be renovated or reconstructed with the schematic drawing of land use planning issued by the planning department, and is recorded by the survey according to these Decisions shall be disposed according to the relevant regulations formulated by the municipal government for reconstructing old city(village) or old industrial park.
15. The municipal government shall strengthen the management to land resources, strictly regulate the use of land, make greater efforts to handle idle land and problems left over by the past, improve the land supervision system, and finish the work of defining the red line for the original rural non-agricultural construction land, and the work of land transferring compensation when finishing the survey for determining the land use and ownership.
16. The information about illegal buildings’ construction time, disposition and treatment decision shall be publicized in the local communities and on the municipal and district governments websites for three months, receiving complaints and supervision.
17. The party or manager concerned who deceives in declaring an illegal building shall be ordered to make correction and be punished according to law, and shall be investigated for criminal responsibility if his act constitutes a crime.
If a party concerned hampers law enforcement officers to execute official duties with violence or threat, he shall be punished according to law, and shall be investigated for criminal responsibility if his act constitutes a crime.
18. Municipal and district governments shall earnestly perform their duties, make more patrols, set up and implement reporting reward systems. Relevant departments at all levels shall, according to their respective functions and responsibilities, carry out daily supervision to illegal buildings, and may not shift responsibilities.
The municipal government and the district governments shall innovate in developing the working mechanism of handling illegal buildings, integrate administrative resources, enrich law enforcement officers, define working responsibilities and raise executive ability. Those illegal buildings that are built preemptively shall be demolished resolutely, while timely coercive measures shall be taken according to law.
19. The municipal government shall set up regular advisory system on the disposition and treatment of illegal buildings and shall list the implementation situation into the index system to appraise the construction of government under the rule of law and also shall list the implementation situation as an annual assessment item for relevant departments.
20. Any relevant organ, department or staff member who doesn’t do his job well, abuses powers, or plays irregularity when carrying out survey, checking project’s quality and fire prevention situation, dismantling or confiscating buildings, giving compensation or subsidy or carrying out daily supervision, shall be imposed penalty according to law, and shall be investigated for criminal responsibilities if his act constitutes a crime.
21. The standing committees of municipal and district people’s congresses shall strengthen the supervision to the implementation of these Decisions.
The municipal and district governments shall give regular reports to the standing committees of people’s congress of the corresponding level on the situation of treatment of illegal buildings, on the demolishment of preemptively-built illegal buildings and on the fulfillment of accountability system.
22. The municipal government shall formulate the implementation measures and supporting measures within twelve months from the date when these Decisions enters into force. The implementation measures shall be piloted before they are implemented generally.
23. These Decisionsshall come into effect as of the promulgation.
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