Illegal buildings left over from Shenzhen's history

Article 1 These Provisions are formulated in accordance with the basic principles and policies of relevant laws and administrative regulations and the reality of Shenzhen Special Economic Zone in order to deal with the problems of illegal construction left over from history, stop illegal construction and ensure the implementation of urban planning.

Article 2 The term "illegal buildings left over from the history of production and operation" as mentioned in these Provisions refers to buildings that illegally occupy land for industrial, transportation, energy and other projects without the approval of the planning land and resources department and the construction project planning permit before the promulgation and implementation of the Decision of the Standing Committee of Shenzhen Municipal People's Congress on Resolutely Investigating and Punishing Illegal Buildings, that is, before March 5, 1999.

Article 3 The District People's Government shall be responsible for organizing and coordinating the inspection and handling of illegal buildings within its jurisdiction.

The planning and natural resources department is responsible for dealing with illegal construction; Housing construction departments and fire rescue agencies are responsible for the handling of illegal buildings within their respective responsibilities; Relevant departments and institutions such as ecological environment, culture, radio and television, tourism, sports, health, market supervision, population and housing comprehensive management shall participate in handling illegal construction work according to their respective responsibilities.

Fourth the following illegal buildings shall not confirm the property rights:

(a) occupying roads, squares, green spaces, high-voltage power supply corridors and underground pipelines or other serious impact on urban planning and unable to take corrective measures;

(2) occupying land in agricultural protected areas;

(three) occupying the land of the first-class water source protection area;

(four) illegal occupation of state-owned land or other land outside the original rural land red line.

Illegal buildings whose property rights are not confirmed in the preceding paragraph shall be investigated and dealt with in accordance with the provisions of the Land Administration Law of the People's Republic of China, the Urban and Rural Planning Law of People's Republic of China (PRC), and the Regulations on the Supervision of Planning Land of Shenzhen Special Economic Zone.

Fifth in addition to the circumstances listed in the first paragraph of Article 4 of these Provisions, illegal buildings shall be handled by the planning land supervision institutions in accordance with the following provisions:

(a) the illegal construction of the former rural collective economic organizations shall be fined according to the standard of construction area per square meter 10 yuan;

(two) the illegal buildings built by the former rural collective economic organizations in cooperation with other enterprises or units shall be levied according to the standard of 20 yuan per square meter of construction area;

(three) the illegal construction of other enterprises or units shall be fined according to the standard of 30 yuan per square meter of construction area.

After the violator of illegal construction pays the fine, he shall go through the land acquisition procedures and sign a land use right transfer contract, and the planning and natural resources department shall confirm the property right, and the transferred land price shall be reduced by 75% according to the current land price; The illegal buildings of the former rural collective economic organizations mentioned in the first paragraph of the preceding paragraph are exempt from land price, and the government will no longer pay compensation and resettlement fees for land acquisition.

Those who illegally transfer the right to use rural collective land in the construction of illegal buildings listed in Items (2) and (3) of the first paragraph of this article shall be exempted from punishment, and the expenses paid by other enterprises or units to the original rural collective economic organizations or their members shall be regarded as the compensation and resettlement expenses for land acquisition.

Article 6 The perpetrator of illegal construction shall report the illegal construction to the planning, land and resources department within one year from the date of promulgation of these Provisions. The land and resources planning department shall register it.

Article 7 When a real estate registration agency makes the first real estate registration for an illegal building that applies for confirmation, it is not restricted by the provisions of Item 4, Item 5 and Item 7 of Article 30 of the Regulations on the Registration of Real Estate in Shenzhen Special Economic Zone. However, the violator of illegal construction shall submit the certification documents of inspection qualification and fire safety issued by the construction engineering quality inspection agency.

Article 8 For illegal buildings whose property rights can be confirmed in accordance with these Provisions, the violator shall go through relevant procedures in accordance with these Provisions. After the real estate registration institution accepts the treatment, it shall confirm the property right within the time limit stipulated in the Regulations on the Registration of Real Estate in Shenzhen Special Economic Zone, and issue a certificate of ownership of real estate.

If the violator refuses to go through the relevant formalities or fails to pay the fine or land price within the time limit, it shall be handled in accordance with the Decision of the Standing Committee of Shenzhen Municipal People's Congress on Resolutely Investigating and Punishing Illegal Construction and other relevant laws and regulations.

Article 9 Where illegal buildings whose property rights are confirmed in accordance with these Provisions need to be demolished due to urban construction, the compensation standard shall be stipulated separately by the Municipal People's Government.

Article 10 The illegal acts of building, rebuilding and expanding illegal buildings after March 5, 1999 of/KLOC-0 shall be strictly investigated and dealt with in accordance with the Decision of the Standing Committee of Shenzhen Municipal People's Congress on Resolutely Investigating Illegal Buildings and other relevant laws and regulations.

Article 11 The Municipal People's Government may formulate detailed rules for implementation in accordance with these Provisions.

The district people's governments may, in accordance with these regulations, formulate implementation measures in light of the actual situation in this district and report them to the Municipal People's government for the record.

Article 12 These Provisions shall come into force on March 1 2002.

Before the implementation of these provisions, the provisions on handling illegal buildings are inconsistent with these provisions, and these provisions shall prevail.