(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 private houses, suppress illegal construction of private houses, secure the implementation of the urban planning, these rules are formulated according to the basic principals and policies of relevant laws and regulations and combining the actual situation of Shenzhen Special Economic Zone.
Article 2 The historical illegal private houses mentioned in these Rules refer to the following houses constructed illegally 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.
(1) the private houses that are constructed, alternated, expanded illegally on the land outside the red line of the state owned land or rural land by the villagers.
(2)the private houses that are constructed, alternated, expanded within the red line of the state owned land or rural land without the approval of the people’s government of or above town by the villagers.
(3)the private houses that are constructed over the area of land and construction ratified in the permission documents by the villagers.
(4)the private houses that are constructed by the villagers violating the principal of one house for one household.
(5)the private houses that are constructed alone or co-constructed by non-villagers without the approval of the county people's governments or above.
The villagers mentioned in these Rules refer to the members of the rural collective economic organizations, who are registered in the public security departments and share the labor dividends in the Special Economic Zone until January 1, 1993.
The household mentioned above refers to the household registered in the public security departments and sharing the labor dividends of the rural collective economic organizations in the Special Economic Zone until January 1, 1993.
Article 3 The district government shall organize and coordinate the investigating and dealing of the illegal private houses in its jurisdiction.
The departments of planning and land resources shall take charge of the dealing of illegal private houses; the departments of construction, public security, fire shall deal the illegal private houses within their responsibilities, the departments of environmental protection, industry and trade, culture, health, lease and other related departments shall take part in the dealing of illegal private houses according to their responsibilities.
Article 4 No property right shall be authorized to the following illegal private houses,
(1) that impropriating the road, square, greenbelt, high voltage power transmission lines or pressing the underground pipelines, or affecting the city planning seriously without corrective measures;
(2) that impropriating the agriculture protection area;
(3) that impropriating the Level A water source protection area; and
(4) that impropriating the area outside the red line of state owned land or rural area.
All these illegal private houses shall be investigated and dealt with according to Law of People’s Republic of China on Land Management, and Law of People’s Republic of China on City Planning, Regulation of Shenzhen Special Economic Zone s on Planning and Monitoring of Land, and other relevant laws and regulations.
Article 5 Except the situations listed in Article 4, paragraph 1, the illegal private houses shall be dealt with as the following regulations,
(1) the illegal private house that constructed by the villagers within the redline according to the principal of one household one house, whose total construction area is less than 480 Sqm without exceeding 4 floors, is exempt from punishment and shall be confirmed the property right by the planning and land resources departments. When the procedures of confirmation are applied, the land use right transfer contract shall be signed and the payment of the land money is not necessary.
(2) the part of more than 480 Sqm but not more than 600 Sqm, or exceeding 4 floors and but not exceeding 7 floors of the illegal private houses that constructed by the villagers within the red line according to the principal of one household one house, shall be imposed a fine of not less than 20 RMB but not more than 50 RMB per Sqm before confirming the property right by the planning and land resources departments. When the procedures of confirmation are applied, the land use right transfer contract shall be signed and the payment of the land money is not necessary.
(3) the part of more than 600 Sqm, or exceeding 7 floors of the illegal private houses that constructed by the villagers within the red line according to the principal of one household one house, shall be imposed a fine of not less than 50 RMB but not more than 100 RMB per Sqm before confirming the property right by the planning and land resources departments. When the procedures of confirmation are applied, the land use right transfer contract shall be signed and the payment of the land price is not necessary.
(4)the extra illegal private houses violating the principal of one household one house, which are constructed by the villagers within the red line in the documents of certificate approved by the county or town government, are exempt from punishment and shall be confirmed the property right by the planning and land resources departments. When the procedures of confirmation are applied, the land use right transfer contract shall be signed and the land money shall be relieved 75% of the current money.
(5) the extra illegal private houses violating the principal of one household one house, which are constructed by the villagers within the red line of rural land without the approval of the county or town government, shall be imposed a fine of not less than 50 RMB but not more than 100 RMB and shall be confirmed the property right by the planning and land resources departments. When the procedures of confirmation are applied, the land use right transfer contract shall be signed and the land money shall be relieved 75% of the current money.
(6) the illegal private houses constructed by the non-villagers within the red line of rural land, shall be imposed a fine of not less than 100 RMB but not more than 150 RMB and shall be confirmed the property right by the planning and land resources departments. When the procedures of confirmation are applied, the land use right transfer contract shall be signed and the land money shall be relieved 75% of the current money.
(7) the illegal private houses co-constructed by the villagers and non-villagers are dealt separately according to their shares in the houses.
Article 6, when the property right of illegal private houses impropriating collectively owned land is confirmed and execute the land requisition procedures, the government will not pay the land compensation.
Article 6 When handling the procedures of property right confirmation for an illegal private house which is built by impropriating a piece of collectively-owned land, the land acquisition procedures shall be handled for supplementation. The land compensation fees for land acquisition shall not be paid by any government
Article 7 The land-using standards of private house construction and houses constructed beyond standards by the overseas Chinese, Hong Kong, Taiwan, Macao compatriots, whose origins are in Shenzhen, shall be dealt with as those for the villagers.
The private houses construction of the overseas Chinese, Hong Kong, Taiwan, Macao compatriots, whose origins are not in Shenzhen, shall be dealt with as those of non-villagers.
Article 8 The owner of illegal private houses shall report to the planning and land resources departments within one year of the promulgation of these Rules. The planning and land resources departments shall take registration, make a list and deal with relevant problems.
Article 9 When the real estate registration office makes the initial registration for an illegal private house, it shall not apply the provisions of article 30, paragraph 2, 3, 4 and 5 of Regulations of Shenzhen Special Economic Zone on Real Estate Registration, and shall indicate that the registration is made according to these Rules in the registration document.
If an applicant fails to submit the qualification certificate provided by the construction project quality testing organization and the public security and fire department, the situation shall be stated in the registration document.
Article 10 If the property right of an illegal private house may be authorized according to these Rules, its constructor shall go through relevant supplementary formalities according to these rules and take the punishment. The registration organ of real estate shall authorize the property right within the time limit regulated in the Regulations of Shenzhen Special Economic Zone on Real Estate Registration and issue the Certificate of Real Estate.
If the constructor of the illegal house refuses to handle the supplementary procedures, or fails to pay the fine or land money within the time limit, the problem shall be dealt with according to the Decisions of Standing Committee of Shenzhen Municipal People’s Congress on Investigating and Dealing Illegal Buildings and other relevant laws and regulations.
Article 11 No illegal private houses may be put in sale after its property right has been authorized except under the circumstance regulated otherwise by the municipal government.
Article 12 The fines and land money collected from the dealing of illegal private houses according to these Rules shall be used for comprehensive treatment and overall transformation of the villagers’ residential areas by the town (street office), district and municipal governments. The detailed measures on using the money shall be formulated by the municipal government.
Article 13 The villagers’ residential area shall be harnessed and transformed comprehensively and gradually and be overall re-planned. The basic facilities and their matching facilities of the area shall be improved. The environment of the area shall be improved.
The government shall encourage the comprehensive harnessing and transformation to the villagers’ residential area through the policies of relieving the land money, properly increasing volume rate of construction, advocating self-financing, allowing cooperative housing, co-financing and so on.
If an illegal private house whose property rights has been authorized according to these Rules is demolished because of the re-planning, comprehensive harnessing or transformation, the standards of compensation shall be formulated by the municipal government separately.
Article 14 The illegal activities of building, altering or expanding illegal private houses after March 5, 1999 shall be strictly punished according to Decision of Standing Committee of Shenzhen Municipal People’s Congress on Investigating and Dealing Illegal Buildings and other relevant laws and regulations.
Article 15 These rules shall not apply to the illegal private houses which have been punished and confirmed the property right before the implementation of these Rules.
If the owner of an illegal private house has paid the fine and land money before the implementation of these Rules, and the property rights of the house have not been authorized, the property rights shall be authorized according to these Rules.
If the owner of an illegal private house has been punished, but does not handle the formalities of using land or paying the land money, he shall not be punished again and shall be authorized the property rights of the house.
Article 16 The municipal government may formulate implementation rules according to these Rules.
The district governments may formulate implementation rules according to these Rules and combining their actual situations, and submit to the municipal government for record.
Article 17 These Rules will take effect on March 1, 2002.
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