(Adopted at the Fourty-sixth Session of the Standing Committee of the Sixth People's Congress of Shenzhen Municipality on December 30, 2020)
Chapter One General Provisions
Article 1 For the purpose of regulating the activities of urban renewal, improve the urban functions, enhance urban quality, and improve the living environment, these Regulations are hereby formulated in accordance with the basic principles of relevant laws and administrative regulations and in combination with the actual conditions of the Shenzhen Special Economic Zone.
Article 2 These Regulations shall apply to urban renewal activities in the Shenzhen Special Economic Zone.
“Urban renewal”mentioned in these Regulations refers to the activities of demolition and reconstruction or comprehensive improvement carried out according to the provisions hereof, in urban built-up areas that fall under one of the following circumstances:
(1) The urban infrastructure and the public service facilities are in urgent need of improvement;
(2) There exist(s) a bad environment or major potential safety hazards;
(3) The existing land use, building functions or resources and energy use evidently do not suit the requirements of social and economic development, impacting the implementation of urban planning;
(4) Other circumstances where the urban renewal is needed in accordance with the approval of the Municipal People's Government.
According to the municipal housing development plan, after the demolition and reconstruction of old residential areas, priority shall be given to the construction of public housing including but not limited to public rental housing, residential commercial housing and talent housing, which shall be organized and implemented by the Municipal and District People's governments in accordance with relevant provisions. The specific measures shall be formulated separately by the Municipal People's Government.
Article 3 The urban renewal shall conform to the principles of government overall planning, guidance by planning, public welfare priority, economical and intensive use, market operation, and public participation.
Article 4 The urban renewal shall enhance the public interests and achieve the following objectives:
(1) Strengthening the construction of public facilities and improve the quality of urban functions;
(2) Expanding the space for citizens' activities and improve the urban living environment;
(3) Promoting environmental protection and energy saving transformation and realize green urban development;
(4) Paying attention to the protection of history and culture and maintain the urban features;
(5) Optimizing the general urban layout and enhance the momentum of urban development.
Article 5 The Municipal People's Government shall be responsible for coordinating the urban renewal work of the whole municipality, studying and deciding on major issues involved in the urban renewal work.
The municipal urban renewal department shall be the department in charge of urban renewal work. It shall be responsible for organizing, coordinating, guiding, and supervising the urban renewal work of the whole municipality, formulating urban renewal policies, organizing the preparation of special urban renewal plans and annual urban renewal programs, and formulating relevant norms and standards.
The relevant departments of the Municipal People's Government shall be responsible for urban renewal work within their respective scope of responsibilities.
Article 6 The district people's governments (including administrative committees of new districts, similarly hereinafter) shall be responsible for, in their respective jurisdiction, the overall promotion of urban renewal work.
The district urban renewal department shall be responsible for the organization, implementation and overall management of urban renewal within its jurisdiction, and the relevant departments of the district people's government shall be responsible for urban renewal related work within their respective scope of responsibilities.
The subdistrict offices shall cooperate with the district urban renewal department to do the work related to urban renewal and maintain the normal order of urban renewal activities.
Article 7 The urban renewal projects shall be organized and carried out by property right owner, enterprise with real estate development qualifications (hereinafter referred to as market entity), or municipal and district people's governments. The urban renewal projects may be co-implemented by the aforesaid subjects in conformity with relevant provisions.
Article 8 Urban renewal shall be generally carried out in accordance with the following procedures, except as otherwise provided in these Regulations:
(1) Development of urban renewal unit program;
(2) Documentation of urban renewal unit plan;
(3) Confirmation of implementation subject of urban renewal;
(4) Demolition of original buildings and deregistration of property ownership;
(5) Transfer of the right to use state-owned construction land;
(6) Development and construction;
(7) Relocation and resettlement.
To meet the need for optimizing the business environment and reforming the administrative examination and approval system, the Municipal People's Government may optimize related work procedures in accordance with relevant provisions.
Article 9 The municipal urban renewal department shall establish a unified urban renewal information system to incorporate information on land, buildings, status of historical and cultural relics, and relevant administrative licensing within the scope of urban renewal projects, implement full process coverage and all-around supervision, and disclose government information in accordance with law.
Article 10 The urban renewal shall be organically linked with land consolidation and reserve, public housing construction, and handling of left-over illegal buildings in the process of rural urbanization (hereinafter referred to as left-over illegal buildings), and coordinated with each other to promote the redevelopment of existing land not being efficiently used.
Article 11 The urban renewal shall strengthen the protection and revitalization of areas with historical features and historic buildings, inherit and promote excellent historical and cultural heritage, and promote the coordinated development of urban construction, society and culture.
The protection of cultural relics in urban renewal units shall strictly comply with the laws and regulations concerning cultural relics protection.
Article 12 The municipal urban renewal department and all district people's governments shall establish and improve the public participation mechanism for urban renewal, smooth the channels for stakeholders and the public to express their opinions, and safeguard their right to know, right to participate, and right of supervision in formulation of urban renewal policies, programs and plans, confirmation of implementation subject and other processes, as well as in the relocation compensation schemes and other matters.
Chapter Two Urban Renewal Plan and Program
Article 13 The municipal urban renewal department shall, in accordance with the overall territorial space planning of the municipality, organize and prepare the citywide special urban renewal plan, define the overall objective and development strategy for urban renewal during the planning period, and set out the tasks and requirements of zoning management, construction of urban infrastructure and public service facilities, and implementation time sequence.
The special urban renewal plan shall be implemented upon the approval of the Municipal People's Government, which shall serve as an important basis for the demarcation of urban renewal units, the formulation of urban renewal unit program and urban renewal unit plan.
Article 14 The urban renewal unit is the basic unit for the implementation of urban renewal. An urban renewal unit may include one or more urban renewal projects. The demarcation of urban renewal units shall be in accordance with the relevant technical specifications, and consider the conditions of original urban infrastructure and public service facilities, natural environment, proprietary boundaries and other factors, so as to ensure that the urban infrastructure and public service facilities are relatively complete and continuous.
Article 15 The urban renewal unit shall be subject to program-based management.
The urban renewal unit program shall be developed in accordance with plans including but not limited to the special urban renewal plan and statutory plans, and shall include the renewal scope, the declaration subject, the renewal intention of the property right owner, renewal direction, and public land use. In particular, the renewal direction shall be determined in accordance with the dominant functions of plans including but not limited to statutory plans.
The urban renewal unit program shall be subject to the validity period management. If an urban renewal unit plan fails to meet the provisions of validity period management, it shall become invalid after being confirmed and announced by the urban renewal department.
Article 16 For a comprehensive improvement project that falls under any of the following circumstances, the urban renewal unit program may not be declared:
(1) Only the auxiliary public facilities including but not limited to elevators, corridors, stairs, power distribution rooms that do not exceed 15% of the current building area, shall be added;
(2) Only the exterior facade of the building shall be reconstructed.
Article 17 The declaration subject of the urban renewal unit program shall be determined in accordance with the following provisions:
(1) If the urban renewal unit involves a single property right owner, the property right owner or the single market entity entrusted by it shall declare the urban renewal unit plan;
(2) Where the urban renewal unit involves multiple property right owners, a single property right owner or a single market entity jointly entrusted by them shall declare the urban renewal unit plan;
(3) If the land of the urban renewal unit belongs to an urban village, an old housing village, or a built-up area formed by the former rural collective economic organization and the former villagers outside the scope of the urban village or old housing village, the successor to the former rural collective economic organization or the single market subject entrusted by it shall declare the urban renewal unit plan;
(4) If the urban renewal unit is organized and implemented by the municipal or district people's government, the relevant departments of the municipal and district people's government shall declare the urban renewal unit plan;
(5) The renewal unit program of old residential district shall be declared by the subdistrict office in the area.
Before declaring the urban renewal unit program, the declaration subject determined above shall organize and carry out research on the current situation of renewal and reconstruction, formulation of urban renewal unit, intention solicitation, and feasibility analysis.
Article 18 When declaring the urban renewal unit program, the renewal intention of the property right owner(s), the proportion of legal land, and the construction period of the buildings in the urban renewal unit shall meet the prescribed requirements.
The renewal intention of the property right owner(s) and the construction period of the buildings shall be implemented in accordance with the provisions hereof, and the proportion of legal land shall be separately prescribed by the Municipal People's Government.
Article 19 The district urban renewal department shall be responsible for examining the draft of urban renewal unit program. Upon examination, the district urban renewal department shall report it to the district people's government for approval after publicizing it in accordance with provisions, and the publicity time shall not be less than 10 working days.
After the urban renewal unit program is approved by the district people's government, the district urban renewal department shall disclose the unit program to the public and report it to the municipal urban renewal department for record filing.
Article 20 The urban renewal unit plan shall serve as the planning basis for the implementation of urban renewal project, which shall be prepared in accordance with the urban renewal unit program, relevant technical specifications, and based on statutory plans and other control requirements, and the following matters shall be set out in the unit plan:
(1) The target positioning, renewal model, land use, development and construction indicators, road traffic, municipal engineering, urban design, interest balancing plan of the urban renewal unit, etc.;
(2) Requirements for the construction of public service facilities including but not limited to schools, hospitals, nursing homes, police stations, fire stations, cultural activity centers, comprehensive sports centers, bus terminals, and substations;
(3) Requirements for the construction of premises for innovative industries, and public housing;
(4) The scope and area of public land transferred to the government free of charge;
(5) Other matters.
The municipal and district urban renewal departments shall strengthen the guidance and supervision for the preparation of urban renewal unit plan, and strengthen the rigid control over the plan to ensure the realization of social and public interests.
Article 21 The draft of urban renewal unit plan shall be prepared by an organization with corresponding qualifications entrusted by the declaration subject of the urban renewal unit program, and be reported to the district urban renewal department for examination. Upon examination, the district urban renewal department shall publicize the draft of urban renewal unit plan to the public, and the publicity time shall not be less than 30 days.
If the draft of urban renewal unit plan complies with the mandatory content of the statutory plan, it shall be approved by the district people's government; if the draft of urban renewal unit plan adjusts the mandatory content of the statutory plan or no statutory plan is formulated therein for the relevant plot, it shall be reported to the Municipal People's Government or its authorized institution by the district people's government for approval.
After the approval of the urban renewal unit plan, it shall be deemed that the modification or preparation of the corresponding contents of the statutory plan has been completed.
Article 22 Except for the construction of public housing, urban infrastructure and public service facilities, the mandatory contents of the urban renewal unit plan shall not be modified within two years from the date of approval.
If the urban renewal unit plan is adjusted and the adjustment is non-mandatory, it shall be approved by the district people's government; if the adjustment is mandatory, it shall be approved by the Municipal People's Government or its authorized institution.
The mandatory contents of the urban renewal unit plan include unit leading functions, development intensity, public supporting facilities, etc., which shall be specifically implemented in accordance with relevant technical specifications.
Article 23 The district people's government may determine key urban renewal units as needed and implement differentiated urban renewal strategies. The program and plan for key urban renewal units, after being examined by the municipal urban renewal department, shall be reported by the district people's government to the Municipal People's government for approval.
Chapter Three Urban Renewal Through Demolition and Reconstruction
Article 24 Urban renewal through demolition and reconstruction refers to the activities to demolish all or most of the original buildings and rebuild them in accordance with the plan for the situation specified in the second paragraph of Article 2 hereof is difficult to improve or eliminate by means of comprehensive improvement.
Article 25 When declaring the urban renewal unit program through demolition and reconstruction, the renewal intention of the property right owner within the demolition area shall meet the following requirements:
(1) If the land is a single piece of land, the program shall be approved by all co-owners or co-owners with more than three-quarters of the property rights. If the ownership of the building is divided, the consent of three-quarters or more of the total property right owners who occupy three-quarters or more of the exclusive portion shall be obtained. In particular, the land where the old residential area is located shall be approved by more than 95% of the property right owners who occupy more than 95% area of the exclusive portion;
(2) Where the land includes two or more pieces of land, the renewal intention of the property right owner(s) of each piece of land shall comply with the preceding paragraph, and the renewal area agreed by the property right owner(s) shall not be less than 80% of the total land area;
(3) If the land belongs to an urban village, an old housing village, or a built-up area formed by the original rural collective economic organization and the original villagers outside the scope of the urban village or old housing village, the program shall be subject to the voting of the general meeting of shareholders of the successor to the original rural collective economic organization, or the program shall be approved by the successor to the original rural collective economic organization if the above two provisions are met.
If the old residential area is applied to be included in the urban renewal unit program through demolition and reconstruction, but fails to meet the requirement of the renewal intention of the property right owner set out in the preceding paragraph, within twelve months from the date of issuing the announcement of intention solicitation, it shall not be included in the urban renewal unit program within three years.
Article 26 Where an application is made to include an old residential area in the urban renewal unit program through demolition and reconstruction, the period from the completion of the building shall be more than twenty years, and one of the following conditions shall be met:
(1) It is necessary to construct major urban infrastructure and public service facilities according to the plan;
(2) It remains in a state of disrepair for a long time or cannot meet the use requirements after maintenance, or there are serious potential safety hazards that endanger the right owners, property users and public safety, which may be solved only by demolition and reconstruction;
(3) It needs to be demolished and reconstructed after evaluation due to incomplete use function and imperfect supporting facilities.
Article 27 Where an application is made to include an old industrial district or an old commercial area in the urban renewal unit program through demolition and reconstruction, the period from the completion of the building shall not be less than fifteen years; if the aforesaid period is less than fifteen years, but there is the need of overall planning or social and public interests, it may be included in the urban renewal unit program through demolition and reconstruction in accordance with the provisions hereof.
Article 28 After the urban renewal unit plan through demolition and reconstruction is approved, the property right owner(s) may transfer the real estate-related rights and interests to the same subject by signing a resettlement compensation agreement, converting the real estate into shares, or acquiring real estate, to form a single right subject.
For the urban renewal project through demolition and reconstruction in urban village, in addition to forming a single right subject in accordance with the preceding paragraph, the successor to the original rural collective economic organization may cooperate with a publicly selected single market entity to implement the project, or implement it on its own.
Article 29 The market entity and property right owners of urban renewal projects through demolition and reconstruction shall sign resettlement compensation agreements in accordance with the principles of equality and fairness.
The municipal urban renewal department shall formulate and publish the standard sample of the resettlement compensation agreement, including the effective time of the agreement, effective conditions, resettlement compensation standards and methods, validity period of the agreement, rights and obligations, agreement on priority notice registration, no new construction, reconstruction or expansion, liability for breach of contract, and etc.
Market entity shall report the signed resettlement compensation agreement(s) to the district urban renewal department for record filing. The district urban renewal department shall send the filed information to the district housing construction department and real estate registration institution. If the relocated house is policy-related housing, the district housing construction department shall report to the municipal housing construction department for review.
Article 30 The district urban renewal department shall be responsible for verifying the renewal intention of the property right owner. Under the circumstances stipulated in the third subparagraph of the first paragraph, Article 25 hereof, the district urban renewal department shall organize the district supervision institution of planning land, the sub-district office and the successor to the original rural collective economic organization to verify the property right owner(s) of the left-over illegal building, during verifying the renewal intention of the property right owner, and resettlement compensation agreement shall be signed by the verified property right owner and the market entity.
Article 31 After the signing of the resettlement compensation agreement, the market entity may apply to the real estate registration institution for the relevant priority notice registration of the relocated house in accordance with the agreement.
The period of priority notice registration shall be agreed upon by both parties. The two parties may apply for cancellation of priority notice registration during its validity period. When the time limit expires or the urban renewal project is moved out of the urban renewal unit program, the priority notice registration shall become invalid. Within the validity period of priority notice registration, without the consensus of the right owners of priority notice registration, the real estate registration institution shall not accept registration business, including but not limited to real estate transfer, mortgage or modification of the relocated house.
Article 32 For the urban renewal project for the old residential area, the district people's government shall organize the formulation of resettlement compensation guidelines and public selection scheme of market entity after the approval of the urban renewal unit plan. With the consent of more than 95% of the property right owners who occupy more than 95% area of the exclusive portion, the market entity shall be selected in an open, fair and just way, and the resettlement compensation agreement shall be signed the selected market entity and all the property right owners.
The selected market entity shall comply with the relevant national provisions of the enterprise qualification management of real estate development, be compatible with the scale of urban renewal and project positioning, and have a good social reputation.
Article 33 During the implementation of an urban renewal project, if it is necessary to change the declaration subject of program, the property right owner's intention shall be solicited again in accordance with the provisions of the first paragraph, Article 25 hereof, and the change shall be reported to the district urban renewal department for record filing after the economic interest relationship is clarified. The district urban renewal department shall be responsible for verifying the fulfillment of the renewal intention of the property right owner(s) and the qualification requirements of the market entity after the change.
Article 34 The resettlement compensation for urban renewal may be in the form of property right replacement, monetary compensation or both, at the option of the property right owner. The compensation for policy-related housing shall, in principle, be in the form of the property right replacement, i.e., compensating the housing with the same property right restrictions as the demolished housing.
If the registered commercial residential property is compensated in the form property right replacement for at the original place, the compensation shall be made at least at a ratio of 1:1 in terms of the inside area of the housing unit; the actual area of the property right replacement shall not be less than the agreed area, and if the excess area is less than 3% due to errors, the property right owner may not need to pay the price of the excess area. The resettlement compensation shall be paid as agreed no later than the day when the property right owner moves out.
The resettlement compensation standards for other legal buildings and left-over illegal buildings other than those specified in the preceding paragraph shall be determined by market entity and property right owners through consultation with reference to the relevant provisions of Shenzhen on housing expropriation.
Article 35 Where the proportion of the exclusive portion area or the proportion of the number of the property right owners in the signed resettlement compensation agreement is no less than 95%, if the market entity and the unsigned owner(s) still fail to reach an agreement after full negotiation, they may apply for mediation to the district people's government where the project is located, and the district people's government may also convene relevant parties for mediation.
Article 36 When the proportion of the exclusive portion area of the old residential area and the proportion of the number of the property right owners in the signed resettlement compensation agreement is no less than 95%, and agreement cannot be reached through the mediation efforts made by the district people's government, the district people's government may, for the purpose of safeguarding the social and public interests and facilitate the implementation of the urban planning, expropriate unsigned houses in accordance with law, administrative regulation and relevant provisions hereof.
For the legal residences and left-over illegal residential buildings in urban villages, if the number of property right owners who have signed resettlement compensation agreement accounts for no less than 95%, the district people's government may, with reference to the provisions of the preceding paragraph, expropriate unsigned residential houses according to law.
Article 37 The expropriation of unsigned houses in accordance with the provisions hereof may not be included in the municipality's annual house expropriation plan. The district people's government shall make the decision on the expropriation according to law with reference to the relevant provisions of the State and Shenzhen on the expropriation and compensation of houses on state-owned land, separately.
If the owner of the house to be expropriated is not satisfied with the decision on expropriation or compensation, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with law.
If the owner of the house to be expropriated neither apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, nor perform the obligations determined by the expropriation decision, the district people's government shall apply to the people's court for compulsory execution within three months from the expiry of the time limit.
Article 38 Before the district people's government makes an expropriation decision in accordance with law, if the property right owner who has not signed a resettlement compensation agreement negotiates and signs an agreement with the market entity through negotiation, the market entity shall inform the district people's government within three working days after signing the resettlement compensation agreement, and the expropriation procedure of the district people's government for the house shall be terminated.
Article 39 For the property rights expropriated by the district people's government, the relevant department shall negotiate and sign the resettlement compensation agreement with market entity in accordance with relevant provisions.
Article 40 If a single right subject or a cooperative implementation subject is formed within the demolition scope of the urban renewal projects, an application shall be submitted to the district urban renewal department to confirm the implementation subject.
The district urban renewal department shall sign a project implementation supervision agreement with the implementation subject, in which the following matters shall be specified in accordance with the relevant provisions:
(1) The obligations that the implementation subject shall fulfill in accordance with the requirements of the urban renewal unit plan, including but not limited to gratuitous transfer of public land, urban infrastructure and public service facilities, innovative industrial housing, public housing, etc.; as well as the corresponding receiving departments;
(2) The obligations that the implementation subject shall fulfill in accordance with the resettlement compensation agreement;
(3) The implementation schedule and completion time of the urban renewal project;
(4) The establishment of capital supervision account or other supervision measures;
(5) Liability for breach of contract;
(6) Other matters to be agreed by both parties.
If industrial projects are involved, the implementation subject shall additionally sign an industrial development supervision agreement with the district industrial authorities, to clarify the supervision requirements, and the industrial development supervision agreement shall be taken as an appendix to the land use right transfer contract.
Article 41 After confirming the implementation subject, the district urban renewal department shall timely notify the relevant departments and real estate registration institution through the urban renewal information system, and suspend the approval and registration of property within the demolition scope of the urban renewal project.
Article 42 The public land gratuitously transferred to the government for the construction of urban infrastructure and public service facilities supporting the urban renewal project, shall be given priority and implemented simultaneously with the urban renewal project. Relevant departments may also entrust the implementation subject with carrying out the construction.
Article 43 Except for the gratuitous transfer of public land to the government in advance, and the demolition of the building on such land with the consent of the district people's government, the buildings within the demolition scope of the urban renewal unit shall be demolished according to the provisions upon signing of the project implementation supervision agreement between the district urban renewal department and the implementation subject. The implementation subject shall perform filing procedures with the district housing construction department fifteen days before the demolition.
After the demolition of the building, the property right owner or its entrusted implementation subject shall go through the formalities for the cancellation of the real estate ownership registration according to law.
Article 44 After the completion of the deregistration of real estate ownership, the implementation subject shall first gratuitously transfer public land to the government in accordance with the plan requirements, and then apply for obtaining the right by agreement to use the land for development and construction determined in the renewal unit plan, and sign a contract for the transfer of the right to use state-owned construction land. The original land use rights within the demolition scope of the project shall be automatically terminated and the period of land use rights after the transfer shall be re-calculated.
The contract for the transfer of the right to use state-owned construction land shall specify the relevant contents of the urban renewal unit plan and the project implementation supervision agreement.
If the land within the demolition scope involves incomplete compensation procedures for land expropriation and conversion, before the signing of the contract for the transfer of the right to use state-owned construction land, the successor to the original rural collective economic organization, after clarifying the economic relationship on its own, shall sign an agreement with the relevant departments to improve the procedures, and the government shall not compensate separately.
Article 45 If the owner(s) of the house(s) to be relocated choose the property rights replacement, the replacement property shall be registered in the name of the owner(s) of the house(s) to be relocated in accordance with the resettlement compensation agreement filed by the district urban renewal department, and shall be exempted from deed tax according to law.
Chapter Four Urban Renewal of Comprehensive Improvement
Article 46 The urban renewal of comprehensive improvement refers to the activity of re-improving the built-up area by taking one or more measures, including but not limited to repair, addition, reconstruction, expansion, partial demolition and construction or changing functions, on the premise of maintaining the current construction pattern basically unchanged.
Article 47 The urban renewal of comprehensive improvement mainly includes the following contents:
(1) Repairing the appearance of the building;
(2) Building auxiliary facilities including but not limited to elevators, corridors, stairs and sheltered passages;
(3) Improving public service facilities including but not limited to road traffic, water supply and drainage, power supply, gas, fire protection, security, garbage sorting, and communications;
(4) Building or renovating various community service facilities including but not limited to pension, culture, education, health, childcare, sports, express delivery, parking, charging facilities, and social security facilities;
(5) Protecting and activating the use of immovable cultural relics or areas with historical features and historic buildings;
(6) Changing the function of the building;
(7) Other addition, reconstruction, expansion or partial demolition and construction activities.
Article 48 The implementation of the urban renewal of comprehensive improvement shall not affect the main structure of the original building and its fire safety function, and shall not change the planned land use in principle. When additions, alterations, expansions or partial demolition are involved, the area where the building is located shall not be included in the land preparation plan or urban renewal unit program through demolition and reconstruction.
Article 49 If the urban renewal of comprehensive improvement involves activities including but not limited to additions, alterations, expansions, and partial demolition, it shall be implemented in accordance with the procedures set forth in Article 8 hereof. The formulation of relevant program and plan, confirmation of implementation subject, demolition of the original buildings and deregistration of real estate ownership, transfer of the right to use state-owned construction land and other processes shall be implemented with reference to relevant provisions of the urban renewal through demolition and reconstruction.
Article 50 Where the supporting facilities of old residential areas and old commercial areas are not good or the construction standards of buildings and facilities are low, measures including but not limited to finishing the appearance of buildings, adding elevators, setting up corridors and building parking spaces, may be taken to implement urban renewal of comprehensive improvement.
Where the comprehensive remediation measures listed in the preceding paragraph are implemented, the special property maintenance funds may be activated in accordance with relevant provisions.
Article 51 The urban renewal of comprehensive improvement by means of combining the additions, alterations, expansions, partial demolition shall be encouraged in the old industrial areas.
The urban renewal of comprehensive improvement in the old industrial areas shall be in line with the guidance of the municipality's industrial development, and some proportion of land and housing shall be gratuitously transferred to the government as required.
If the urban renewal of comprehensive improvement in the old industrial areas is to be implemented by the market entity other than the property right owner(s), the market entity may, after being confirmed as the implementation subject, apply for modification of the original land use right contract or sign a supplementary agreement. The new enterprises introduced by the urban renewal of comprehensive improvement in the old industrial areas and their industrial types shall be in line with the requirement of relevant industrial policies.
Article 52 In carrying out the urban renewal of comprehensive improvement for the elimination of safety hazards, perfection of industrial and supporting functions, improvement of the quality of the spatial environment and other purposes, the increased area of auxiliary facilities including but not limited to elevators, corridors, stairs, power and distribution rooms shall not exceed 15% of the current building area, the relevant procedures may be appropriately simplified.
Article 53 The municipal urban renewal department shall be responsible for the demarcation of the comprehensive improvement area for the urban villages. Urban villages which are demarcated in the comprehensive improvement area shall not carry out any urban renewal activities with a focus on demolition and reconstruction.
Activities of the urban renewal of comprehensive improvement may be organized and carried out by the district people's government in the current residential areas and commercial areas in urban villages.
Chapter Five Guarantee and Supervision
Article 54 Municipal and district urban renewal department shall place urban renewal funds under department budget management. Municipal and district financial departments shall coordinate and guarantee relevant funding needs in accordance with provisions.
Article 55 Urban renewal projects shall be exempted from various administrative fees in accordance with law.
Article 56 The implementation subject shall be encouraged to undertake the protection, maintenance and activation of cultural relics, areas with historical features, historic buildings, and the protection of ancient and rare trees.
Any cultural relics, areas with historical features and historical buildings which are reserved in the urban renewal unit or any historical skeleton including but not limited to areas with historical features and historical buildings which are recognized by competent authorities shall be protected in place.
Article 57 Any implementation subject that undertakes the protection, maintenance and activation of cultural relics, areas with historical features, historic buildings, or constructs urban infrastructure and public service facilities, innovative industrial housing, public housing, and increases urban public areas as planned shall be given plot ratio transfer or rewards in accordance with relevant provisions.
Article 58 Any urban renewal projects that are included in the urban renewal unit program with approval, if there are built-up areas with incomplete land use procedures in the unit, shall complete the land use procedures after disposal in accordance with the principles of respect for history, fairness and reasonableness, and benefits sharing and relevant provisions.
Article 59 Any construction land of which the planning function is changed to residential land, commercial service land, public management and public service land or new industrial land after urban renewal, a soil pollution investigation shall be conducted by the implementation subject. After the investigation, only the construction land which meets the use requirements in accordance with the provisions on soil pollution prevention and control and is not included in the construction land soil pollution risk control and restoration directories can gratuitously transfer public land to the government and apply for the transfer procedures of state-owned construction land use rights.
Article 60 After the approval of urban renewal unit program, the district people's government shall make an announcement, prohibiting the unauthorized addition, alteration and expansion construction within the urban renewal unit scope. Violations of the aforesaid provisions shall be handled in accordance with provisions including but not limited to Regulations of Shenzhen Special Economic Zone on Supervision of Planning Land.
Article 61 If the urban renewal project is compensated by way of property rights replacement, the implementation subject shall inform the district housing construction department of the quantity, area and location of the houses used for property rights replacement when handling real estate sales. The district housing construction department shall, in accordance with the report of the implementation subject and the recorded relocation compensation agreement, reserve the houses for property rights replacement and shall not permit the sale.
Article 62 Premises for innovative industries and public houses which are built along with the urban renewal project shall not be sold or mortgaged by the implementation subject.
Implementation subjects that fail to complete the construction of premises for innovative industries and public houses shall not pass the plan verification.
Article 63 The municipal and district urban renewal departments shall strength the implementation and supervision over the urban renewal department. When real estate sales and plan verification of the project is applied, it shall verify the implementation situation of the project relocation compensation plan and the project supervision agreement.
Chapter Six Legal Liability
Article 64 Where relevant departments and their staff fail to perform duties or perform duties improperly, the directly responsible leading person or other responsible person shall be punished in accordance with law; if a crime is suspected, criminal responsibilities shall be investigated in accordance with law.
Article 65 If market entity sign relocation compensation agreement with property right owner who is not verified in violation of Article 30, they shall be warned and ordered to make corrections within a specified time by the district urban renewal department. Those who fail to make corrections within the time limit shall be given a fine of at least RMB 500,000 but up to RMB 1 million.
Article 66 Declaration subjects of the urban renewal unit program that are not authorized in accordance with the provision of the first paragraph of Article 17 and carry out the pre-declaration work of the urban renewal unit program including but not limited to investigation of the existing situation and intension solicitation without authorization in the old residential area shall be ordered to make corrections within a specified time. Those who fail to make corrections within the time limit shall be given a fine of at least RMB 1 million but up to RMB 5 million. If a crime is suspected, criminal responsibilities shall be investigated in accordance with law.
Article 67 Any entity that fails to perform the filing procedures before demolishing buildings in violation of the provisions of the first paragraph of Article 43 shall be ordered to make corrections within a specified time by district housing construction department and given a fine of RMB 2,000 per square meter of the demolishing construction; if any damages caused, compensation shall also be made in accordance with the law; if a crime is suspected, criminal responsibilities shall be investigated in accordance with the law.
Article 68 Any entity that sells or mortgages replacement houses in violation of provisions of Article 61 and Article 62 shall be ordered to stop such illegal acts by municipal or district housing construction departments, and part or all of the security deposit and illegal income shall be confiscated; and a fine of at least 30% but up to 50% of the price of the commercial housing sold may be imposed.
Article 69 Any enterprise or individual involved in fraud, coercion, infringement of personal privacy, and forgery or altering documents, disseminating false information during engagement in urban renewal work including but not limited to property right owner's renewal intention solicitation, urban renewal unit program declaration, urban renewal unit plan preparation and relocation compensation agreement signing, shall be prohibited from participating in urban renewal activity within five years; relevant departments shall promptly investigate and deal with it and incorporate it into credit files for management. If a crime is suspected, criminal responsibilities shall be investigated in accordance with the law.
Chapter Seven Supplementary Provisions
Article 70 The definitions of the following terms in these Regulations are as follows:
(1) An urban built-up area includes old industrial park, old commercial district, old residential district, urban villages, old housing villages, etc.
(2) An area with historical features refers to an area not declared as a historical and cultural district that has an almost complete traditional architectural styles and has real historical streets and environmental essence, which can demonstrate traditional cultural thoughts, folk characteristics, regional characteristics or era style.
(3) A historical building refers to the construction (structure) that reflects the historical and cultural tradition of Shenzhen's urban construction or is of great significance in the history of the reform and opening-up of the Shenzhen Special Economic Zone, with the characteristics of the times and regions. Moreover, such a building has not been declared as a cultural relics protection unit, nor has it been registered as a building of immovable cultural relics.
Article 71 Specific measures hereof concerning the expropriation of houses not contracted in old residential areas shall be formulated separately by the municipal government.
Before the implementation hereof, for the urban renewal project through demolition and reconstruction in old residential area and urban village that the urban renewal unit program has been approved, if the proportion of signed relocation compensation agreements meets the requirements set out in Article 36, relevant expropriation provisions of these Regulations may apply.
Article 72 These Regulations shall come into force on March 1, 2021.
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