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Decree of Shenzhen Municipal People’s Government
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No. 149
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The Provisions of Shenzhen Municipality on the Management of Land for Temporary Use and Temporary Buildings was adopted at the twenty-second executive meeting of the fourth session of the Municipal Government and is hereby promulgated. It shall be implemented as of May 1, 2006.
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Xu Zongheng, Mayor
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April 4, 2006
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Provisions of Shenzhen Municipality on the Management of Land for Temporary Use and Temporary Buildings
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Chapter 1 General Provisions
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Article 1 In order to consolidate the achievements in the comprehensive townscape and environment improvement campaign of Shenzhen (hereinafter the “City”), strengthen the management of land for temporary use and temporary buildings, further standardize the activities related to land for temporary use and temporary buildings and protect the legitimate rights and interests of the relevant parties, these Provisions are formulated according to the relevant laws and regulations and in light of the actual conditions of the City.
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Article 2 Land for temporary use referred to in these provisions is the state-owned land used according to the provisions of the temporary land use contract because of the requirements of the building of construction projects, geologic examination and the urgently needed supporting public service facilities.
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Temporary buildings referred to in these provisions are the simple buildings, structures or other facilities built by units and individuals because of production and living requirements that must be dismantled within the prescribed period.
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The short-term use of state-owned land for temporary construction because of industrial and commercial operations and other requirements shall be handled according to the relevant provisions on the lease of state-owned land and may be handled according to these Provisions before the relevant specific management provisions on the lease of state-owned land in the city are implemented.
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Article 3 The relevant government departments shall manage land for temporary use and temporary buildings according to the principles of planning control, land conservation, functional regulation and ecological protection.
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Article 4 Where temporary construction is carried out on the land that has been transferred, the district governments shall be responsible for examination, approval and management according to the principle of strict control, regulation and punishment, and the municipal department in charge of planning shall be responsible for examination and supervision.
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Where temporary construction is carried out on the land that has not been transferred, the municipal department in charge of planning and the municipal department in charge of land shall carry out the management according to their respective jurisdiction and the law.
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Chapter 2 Land for Temporary Use
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Article 5 Land for temporary use must meet the following conditions:
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(1) It has not been included in the near-term city construction plan;
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(2) It does not affect the implementation of the city’s plans and programs of construction projects at various levels;
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(3) It does not affect the implementation of the annual program for the implementation of near-term construction plan and the annual land use plan;
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(4) It will not cause ecological and environmental damages and soil erosion.
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Article 6 For land for temporary use, an application for the planning permit of land for temporary construction shall be made to the municipal department in charge of planning and a temporary land use contract shall be signed with the municipal department in charge of land.
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The planning permit of land for temporary use issued shall contain specific provisions on the nature of its use, location, area, period, etc.
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The temporary land use contract shall contain the location of the plot, four boundaries, area, uses of land, requirements of the planning permit of land for temporary use, period of use, temporary land use fee, rights and obligations of parties concerned, time limits for the commencement and completion of temporary construction, means of dealing with the aboveground buildings after the expiration of the contract, liabilities for breach of contract and other matters.
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Article 7 The period of land for temporary use shall be in accordance with the relevant provisions of the Regulations of Shenzhen Municipality on Urban Planning.
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After the period of land for temporary use expires, the municipal department in charge of land shall repossess and reserve the land in time.
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Article 8 The period of temporary aboveground buildings on land for temporary use shall be the same as the period of land for temporary use. After the period expires, they must be dismantled by the users at their own expenses.
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Article 9 During the use period of land for temporary use, the municipal department in charge of land may decide to repossess land for temporary use at an earlier time under any of the following circumstances:
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(1) The land-using unit or individual uses the land for temporary use illegally;
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(2) It is the requirement of the implementation of the city’s plans;
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(3) It is the requirement of the implementation of the annual land use plan;
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(4) It is the requirement of emergency and disaster relief;
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(5) Other circumstances provided by laws and regulations.
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Where land for temporary use is repossessed at an earlier time under the circumstance of Paragraph (1) of this article, no compensation shall be made. Under other circumstances, the provisions of the relevant laws and regulations shall be observed.
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Chapter 3 Temporary Buildings
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Article 10 Except as required by the building of construction projects, geologic examination and the urgently needed supporting public service facilities, temporary buildings shall not be constructed or approved for construction under any of the following circumstances:
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(1) They are at the road sections included in the scope of land for near-term construction, green land, squares and overall demolition and improvement of urban villages (old villages) and the road sections where municipal pipelines will be buried in the near future;
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(2) They are within the scope of land for public service facilities and municipal public utilities;
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(3) They affect flood control and discharge;
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(4) They are above the underground pipelines for water supply, drainage, electricity, telecommunications, fuel gas, etc.;
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(5) They are in the geologic hazard area;
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(6) They are in the central area of the City, the central area of Baoan and the central area of Longgang;
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(7) They are not in accordance with the uses determined in the master land use plan;
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(8) Other circumstances provided by laws, regulations and rules.
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The central area of the city referred to in Paragraph (6) of this article is the area south of Lianhua Road, north of Binhe Road, west of Caitian Road and east of Xinzhou Road; the central area of Baoan is Baocheng Area in Baoan District southwest of Baoan Avenue, southeast of Sixth Xin’an Road, northwest of the second line of the special zone adjacent to Nanshan District and northeast of the sea; the central city of Longgang is the area south of Longsheng Avenue, west of Longcheng Avenue, north of Airport-Heao Expressway and east of the border between Shenzhen and Dongguan.
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Article 11 To carry out temporary construction on the land that has been transferred, an application to handle the procedures for the approval of the planning of temporary construction project shall be made to the district government except for the houses for construction within the red-line area of construction project.
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Where temporary buildings need to be constructed in a residential area, a public announcement shall be made or a hearing be organized before the permission is granted and a decision on whether to grant the permission or not shall be made according the opinions of the residents.
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Article 12 The temporary buildings on land for temporary use or the land that has been transferred shall pass the fire control design examination for temporary construction projects before the procedures for the approval of the planning of temporary construction project are carried out.
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Article 13 The municipal department in charge of planning shall issue the planning permit of temporary construction project on the land that has not been transferred according to the law; the district government shall issue the planning permit of temporary construction project on the land that has been transferred. The document for the approval of the planning of temporary construction project shall contain specific provisions on the nature of the use of temporary buildings, location, building area, horizontal plane, vertical plane, height, colors, structural form, period, etc.
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The nature of the use of temporary buildings shall not be changed without authorization.
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Article 14 The design, construction and bidding activities for temporary buildings shall be in accordance with the provisions of the relevant laws, regulations, rules and technical standards. The specific management measures shall be formulated by the relevant functional departments separately.
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Permanent structural forms such as cast-in-place reinforced concrete shall not be adopted for temporary buildings.
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Article 15 During temporary construction, neighborhood relations with respect to water interception, drainage, pollution discharge, traffic, ventilation, natural lighting, etc. shall be dealt with correctly. Where the neighboring party is obstructed or suffers from losses, the damage shall be stopped, the obstruction shall be eliminated and the losses shall be compensated for.
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Article 16 The acceptance check of the planning of temporary buildings for industrial and commercial operations shall be carried out by the unit approving the construction. The certificate of acceptance of the planning of temporary building shall be issued for those that are accepted.
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The certificate of acceptance of the planning of temporary building shall contain the nature and period of the use of the temporary building.
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Chapter 4 Supervision and Management
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Chapter 17 The municipal department in charge of land, the municipal department in charge of planning and district governments shall establish machine accounts of land for temporary use and temporary buildings according to their respective jurisdiction of management and carry out dynamic tracking and management.
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Article 18 The municipal department in charge of planning and the municipal department in charge of land shall supervise and guide the supervision and examination of activities related to land for temporary use and temporary buildings by the department of comprehensive law enforcement for city management.
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The municipal department in charge of land, the municipal department in charge of planning and district governments shall establish a mechanism for mutual notification of the administrative approval of land for temporary use and temporary buildings.
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Article 19 The procedures for the registration of real estate rights shall not be carried out for land for temporary use and temporary buildings.
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Land for temporary use and temporary buildings shall not be bought, sold, mortgaged, exchanged or bestowed.
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Article 20 Where a temporary building constructed according to the law is used for industrial commercial operations, the unit or individual shall show the certificate of acceptance of the planning of temporary building and the document of acceptance of fire control facilities while applying for business license at the administration for industry and commerce.
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Article 21 Sign boards shall be hung at eye-catching places of temporary buildings.
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The sign board shall contain the following contents: construction unit and its legal representative; the name and number of the document for the approval of the planning of land for temporary construction and the document for the approval of the planning of temporary construction project; land area and building area; nature and period of use.
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The sign board shall be produced under the supervision of the department of comprehensive law enforcement for city management and be hung before the acceptance of the planning.
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No unit or individual shall destroy or change the sign board without authorization.
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Article 22 Temporary houses for construction, samples houses and house sales offices for the demonstration and sales of commercial houses must be dismantled before the acceptance of the planning of construction project.
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Article 23 Temporary buildings on the land that has been transferred must be dismantled before the approved period of use expires. If they are not dismantled upon expiration of the period, the department of comprehensive law enforcement for city management shall carry out compulsory dismantling according to the law or an application for compulsory enforcement shall be made to a people’s court.
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Chapter 5 Legal Liabilities
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Article 24 Where Article 13 (2) of these Provisions is violated, the department of comprehensive law enforcement for city management shall order correction according to the law and impose a fine of more than 10% and less than 15% of the total civil engineering cost of a single project. If corrections are not made within the time limit, compulsory dismantling shall be carried out according to the law.
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Article 25 Where Article 21 of these Provisions is violated, the department of comprehensive law enforcement for city management shall order correction according to the law and impose a fine of more than RMB 1,000 and less than RMB 3,000.
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Article 26 The department of comprehensive law enforcement for city management shall investigate and deal with illegal land for temporary use and illegal temporary buildings according to the provisions of the relevant laws, regulations and rules.
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Article 27 If parties concerned have objections to the specific administrative actions of administrative departments, they may apply for administrative review or file an administrative lawsuit according to the law.
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Article 28 Where the municipal department in charge of planning, the municipal department in charge of land, district governments, the department of comprehensive law enforcement for city management and other staff conduct illegal activities while implementing these provisions, any unit and individual may inform against and accuse them and the relevant organs shall investigate and deal with them according to the law.
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Chapter 6 Supplementary Provisions
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Article 29 If the right to use state-owned land has been transferred, leased, evaluated for financial contribution or turned into shares, temporary buildings on the land shall be managed by the municipal department in charge of land and the municipal department in charge of planning according to these Provisions.
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Article 30 These Provisions are not applicable to the following temporary buildings, which shall be managed by the relevant departments according to the provisions of the relevant laws, regulations and rules.
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(1) Temporary buildings and structures for emergency and disaster relief;
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(2) Structures whose period of use does not exceed one month and which do not change the topography and land form and do not destroy the vegetation;
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(3) Other circumstances provided laws, regulations and rules.
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| Article 31 These Provisions shall be implemented as of May 1, 2006. |
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