306 Rules of Shenzhen Special Economic Zone on Dealing Historical Illegal Buildings Used for Production and Business[深圳经济特区处理历史遗留生产经营性违法建筑若干规定(2001)]

(Adopted at the 11th Meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on October 17, 2001) 

Article 1 In order to deal with the problems on historical illegal buildings used for production and business, suppress illegal construction, secure the implementation of the urban planning, these Rules hereby are formulated in accordance with the policies and basic principals of relevant laws, regulations, and combining the actual situation of Shenzhen Special Economic Zone. 

Article 2 Historical illegal buildings for production and business (hereinafter called illegal buildings) mentioned in these Rules mean buildings and living facilities for the projects of industry, traffic or energy, constructed on impropriated land without construction project planning permit and authorization of planning and land resources departments, violating the regulations of the laws and rules relevant to planning, land and so on before the promulgation and implementation of Decision of the Standing Committee of Shenzhen Municipal People’s Congress on Investigating and Dealing With Illegal Buildings, i.e. before March 5, 1999. 

Article 3 The district government shall organize and coordinate the investigation and dealing with the illegal buildings in its jurisdiction. 

The departments of planning and land resources shall take charge of the dealing with illegal buildings; the departments of construction, public security, fire-fighting shall dealing with the illegal buildings within their respective responsibilities, the departments of environmental protection, industry and commerce, culture, health, house-leasing and other related departments shall take part in the dealing with illegal buildings according to their respective responsibilities.  

Article 4 No property right shall be authorized to the following illegal building: 

1, that impropriating the road, square, greenbelt, high voltage power transmission lines or pressing the underground pipelines, or affecting the urban planning seriously without corrective measures. 

2, that impropriating the agriculture protection area. 

3, that impropriating the Level A water source protection area. 

4, that illegally impropriating the area outside the red line of state owned land or rural area. 

All these illegal buildings shall be investigated and dealt with according to Law of the People’s Republic of China on Land Administration, and Law of the People’s Republic of China on Urban Planning, Regulations of Shenzhen Special Economic Zone on Supervision of Planned Land, and other relevant laws and regulations. 

Article 5 Except the situations mentioned in Article 4 paragraph 1, the illegal buildings shall be dealt with by the planning and land resources departments as following: 

(1) for the illegal buildings of rural collective organization, the fine is imposed according to the construction area at 10 RMB per Sq.m. 

(2)for the illegal buildings constructed by the rural collective economic  organization and other enterprise or unit, the fine is imposed according to the construction area at 20 RMB per Sq.m. 

(3) for the illegal buildings of other enterprise or unit, the fine is imposed according to the construction area at 30 RMB per Sq.m. 

After the payment of the fine for the illegal buiding, land acquisition procedure shall be applied and the land use right transfer contract shall be signed, the property right will be confirmed and the remising land-value shall be derated 75% of current land-value. No land-value shall be collected for the illegal buildings of the rural collective economic organization mentioned in paragraph 1(1), and the government will not pay the charges for compensation and installation. 

The illegal transfer of the use right of the rural collective economic organization’s land for construction of the illegal buildings mentioned in paragraph 1 (2)and (3) is exempt from punishment, and the fees paid to the rural collective economic organization or its members by the enterprise or unit is taken as the land compensation. 

Article 6 The illegal buildings shall be reported to the planning and land resources departments within one year from the promulgation of these Rules. The planning and land resources departments shall take registration and dealing with. 

Article 7 When real estate registration office makes the initial registration for the illegal buildings, the regulations of article 30, items 2, 3, 4 and 5 of Regulations of Shenzhen Special Economic Zone on Real State Registration shall not be applied, but the tested and approved documents provided by construction project quality testing organizations and public security and fire departments shall be submitted. 

Article 8 The illegal buildings whose property rights may be confirmed according to these Rules shall be authorized the property right and be issued the real estate certificate within the time limit regulated in the Regulations of Shenzhen Special Economic Zone on Real Estate Registration by the real estate registration office, after the land acquisition procedures have been cleaned and the punishment has been executed according to these Rules. 

If the actor of the illegal construction refuses to execute the related procedures, to pay the fine or land money, he shall be punished according to the Decision of the Standing Committee of Shenzhen Municipal People’s Congress on Investigating and Dealing with Illegal Buildings and other relevant laws and regulations. 

Article 9 The standards of compensation for the illegal buildings that shall be demolished after the authorization of property right according to these Rules will be decided by the government separately. 

Article 10 The illegal buildings of new construction, alteration, extension after March 5, 1999 shall be strictly dealt with according to Decision of the Standing Committee of Shenzhen Municipal People’s Congress on Investigating and Dealing Illegal Buildings and other relevant laws and regulations. 

Article 11 The municipal government may make detailed implementation rules according to these Rules. 

Any district government may make detailed implementation rules according to these Rules and the actual situations of its district, and shall report to the municipal government. 

Article 12 These Rules will take effect on March 1, 2002.