Fujian rural self-built housing policy

General rule

Article 1 In order to coordinate urban and rural development, strengthen the planning and construction of rural villagers' housing and land management, improve the level of rural housing construction, promote the intensive and rational use of land, improve the rural living environment and protect the legitimate rights and interests of villagers, these measures are formulated in accordance with relevant laws and regulations and combined with the actual situation of this province.

Article 2 Within the administrative region of this province, towns (excluding towns where the people's governments of cities and counties are located and towns within the planning and construction land of development zones), and new, expanded and rebuilt individual houses (hereinafter referred to as villagers' houses) built by villagers on rural collective land and their management shall be governed by these Measures. Villagers in towns and villages where the people's governments of cities and counties are located shall build houses in accordance with the planning and relevant regulations of towns and development zones where the people's governments of cities and counties are located.

Article 3 Villagers should adhere to the principles of safety, applicability, economy and beauty in building houses, conform to the planning, save land, pay attention to disaster prevention and safe construction, protect the environment, reflect rural regional characteristics, and properly handle the adjacent relations such as ventilation and lighting.

Fourth village housing construction includes centralized housing and individual housing. Personal housing refers to the activities of single-family villagers to build their own houses, including reconstruction or expansion on the original homestead and new construction in different places; Centralized housing refers to the activities organized by township people's governments or villagers' committees to build self-occupied houses, including unified planning and construction, unified planning and self-construction, and unified transformation of old villages.

People's governments at all levels shall take effective measures to guide villagers to gather in central villages, market towns or small towns, and make unified planning and centralized construction of residential quarters.

In any of the following circumstances, unified planning and centralized construction of residential quarters shall be carried out:

(a) residential buildings that need to be built centrally due to state and collective construction, demolition and resettlement;

(two) rural land consolidation involves villagers' new houses;

(3) Centralized and unified construction after the disaster;

(four) the implementation of the benefit project, geological disaster relocation and unified construction.

Fifth villagers housing planning and management to facilitate the masses, efficient management. The competent department of urban and rural planning of the people's government of a city or county may entrust the people's government of a township to carry out specific affairs related to the planning and management of towns and villages within its scope of functions and powers.

chapter two

Planning and land use requirements

Article 6 Villagers should build houses in accordance with the town and village planning, the overall planning of town and village land use and the protection planning of famous historical and cultural towns and villages, and strictly follow the principle of "planning first, then building". Those who do not conform to the plan or have not prepared the above plan shall not approve villagers to build houses and homesteads.

Seventh Township People's governments should speed up the planning or revision of towns and villages. The content and depth of village planning should conform to the Guidelines for Village Planning in Fujian Province (for Trial Implementation). Planning should pay attention to villagers' participation, fully listen to villagers' opinions, respect villagers' wishes, conform to rural reality and facilitate production and life. Villagers should build houses in accordance with the requirements of detailed planning or renovation planning.

Eighth villagers should make full use of the old housing base, Gacha and other unused land, and strictly control the use of cultivated land and ecological public welfare forest land. Villagers are prohibited from building houses in geological disaster areas.

Ninth rural villagers can only own a homestead. Rural villagers in the original homestead outside the application for new housing, the original idle homestead by the village committee or village collective economic organizations to recover, combined with the village land consolidation, re planning unified arrangements for the use.

If the villagers' committee or the village collective economic organization recovers the old residential land of rural villagers according to law, it shall give economic compensation.

Article 10 The area of residential land for each villager to build a house is limited to 80 square meters to 120 square meters. Using Gacha, wasteland and other unused land to build houses or rebuild old houses, each household can increase the land area by no more than 30 square meters.

The homestead area mentioned in the preceding paragraph refers to the area occupied by residential buildings and structures (including foundations) within the vertical projection range.

chapter three

Building approval

Eleventh villagers housing applications shall meet one of the following conditions:

(a) because there is no residence or the area of the existing residential homestead is obviously lower than the legal standard, it is necessary to build or expand the residence;

(two) siblings or children of the same household have reached the legal age of marriage;

(three) because of the national or collective construction, the implementation of township and village planning and the construction of public facilities and public welfare undertakings, and the need for demolition and resettlement;

(four) due to the occurrence or prevention of natural disasters, the need for resettlement;

(five) the original residence belongs to the D dangerous building, which needs to be demolished and rebuilt;

(six) to the central village, market town, small town or rural residential area;

(seven) other circumstances stipulated by the county (city, district) people's government.

Hong Kong, Macao and Taiwan compatriots and overseas Chinese who have been approved to settle in the original village need to build houses, which shall be handled with reference to the provisions of these measures.

Twelfth villagers to apply for housing in any of the following circumstances, shall not be approved:

(a) although the existing homestead area is obviously lower than the legal standard, the existing per capita residential construction area exceeds 60 square meters;

(two) the per capita residential construction area has exceeded 60 square meters before entering the household;

(3) Under the age of 18;

(four) does not conform to the town and village planning and town and village land use planning;

(five) the sale, lease, donation or conversion of the original residence for production and business purposes;

(six) does not meet the "one house" policy.

Thirteenth villagers should obtain planning permission for building houses. Villagers in town planning areas shall apply for construction project planning permits, and villagers in township and village planning areas shall apply for rural construction planning permits.

Villagers can only go through the formalities for examination and approval of land use after obtaining the Construction Project Planning Permit or the Rural Construction Planning Permit.

Fourteenth individual villagers to apply for the construction of housing, should hold the following materials to apply to the villagers committee:

(a) the "application form for the construction of residential land for villagers" in quintuplicate;

(two) a copy of the household registration book and ID card of the adult members of the family;

(three) the applicant agrees to withdraw from the original homestead and hand it over to the villagers' committee or villagers' group for re-arrangement (except the old house);

(four) is a dangerous reconstruction, should provide the original residential ownership certificate and issued by the appraisal department or village construction management institutions of dangerous identification;

(5) If the proposed house is adjacent to adjacent buildings or involves the relationship of public use and wall borrowing, it shall obtain the unanimous consent of all owners, and sign a written agreement or a declaration drawing (including four districts) for confirmation. The agreement shall be witnessed by the local village committee or notarized according to law;

(six) design drawings drawn by architectural design units with corresponding qualifications and designers with registered professional qualifications, or standard general drawings.

Villagers' committees shall, according to the requirements of detailed planning and renovation planning for village construction, fully communicate with building users, make reasonable arrangements for building homesteads, and concentrate on reporting materials within 7 working days from the date of receiving the application, or convene meetings of villagers' committees or villagers' representatives every month according to law, review the application materials and arrangements for building homesteads for villagers, and publish and consult villagers' opinions in the village; Since the date of posting 15 working days, if the villagers have not raised any objection or the objection is not established, they shall sign an opinion on the Application Form for Rural Residential Construction Land, prove the applicant's original residence and the current living conditions of family members, and confirm the homestead, and report it to the Township People's Government.

Article 15 The Township People's Government shall, within five working days from the date of receiving the application materials for villagers' building submitted by the villagers' committee, organize the township planning and construction and land and resources management institutions to go to the field for investigation, and examine whether they meet the application conditions for residential construction land, whether they meet the township planning and the overall land use planning of towns and villages, whether they meet the technical standards for building houses, and whether there are hidden dangers of geological disasters. Audited eligible, township planning and construction, land and resources management agencies to determine the scope of planning land, in 5 working days to draw a red line map of construction land planning, and divided into new construction, expansion and reconstruction for approval.

Sixteenth the use of the original homestead for reconstruction, do not need to go through the formalities for examination and approval of land use, directly go through the formalities for planning and construction permits, and the Township People's Government shall examine and approve according to the planning of towns, townships and villages. If conditions permit, villagers can start construction within 10 working days.

Seventeenth is a new, expanded, it should be reported to the competent department of urban and rural planning of the people's government of the city or county or the Township People's government for planning approval. The competent department of urban and rural planning of the people's government of the city or county shall examine and approve within 20 working days from the date of receiving the relevant materials submitted by the township people's government, and the entrusted township people's government shall examine and approve within 20 working days from the date of receiving the application materials for building houses by villagers. After the issuance of qualified construction project planning permit or rural construction planning permit, the Township People's Government shall report to the county people's government for approval of land use within 5 working days.

The people's government at the county level shall, within 10 working days from the date of receiving the relevant materials reported by the township people's government (except for the time limit for examination and approval of agricultural land conversion according to law), give approval, and the administrative department of land and resources of the people's government at the county level shall issue the approval letter for construction land.

Eighteenth centralized housing, the villagers shall submit the following materials to the villagers committee:

(a) the "application form for the construction of residential land for villagers" in quintuplicate;

(two) a copy of the household registration book and ID card of the adult members of the family;

(three) the applicant agrees to withdraw from the original homestead and hand it over to the villagers' committee or villagers' group for re-arrangement (except the old house).

Township people's governments or villagers' committees that organize centralized housing construction shall, according to the approved detailed planning for village construction, delimit the scope of centralized housing construction according to the demand and quantity of housing users, formulate unified construction plans, and handle planning permission and land use approval procedures in a unified manner in accordance with the procedures for new construction and expansion as stipulated in Article 15 and Article 17.

Nineteenth belongs to the renovation of dangerous buildings within the scope of cultural relics protection buildings and controlled protection buildings. Before the planning approval, the Township People's Government shall obtain the written consent of the administrative department of cultural relics protection.

Article 20 If the application for villagers' residential planning is not approved, the competent department of urban and rural planning of the people's governments of cities and counties and the people's governments of towns and townships shall notify the applicant in writing within 20 working days from the date of receiving the application materials, and explain the reasons.

If the villagers' application for building land is not approved, the people's government at the county level shall notify the applicant in writing within 10 working days from the date of receiving the application materials submitted by the township people's government, and explain the reasons.

Article 21 Within five working days after the villagers' housing planning and land use approval are completed, the Township People's Government shall issue the construction project planning permit or rural construction planning permit together with the approval letter for construction land to the applicant, and organize the township planning and construction management institutions and the land and resources management institutions to jointly set out on the spot and delimit four areas for the villagers to start construction.

Twenty-second applicants should implement residential construction within one year from the date of obtaining the construction project planning permit or the rural construction planning permit. If it is not built within the time limit and does not apply for extension, the planning permit will automatically become invalid. If an extension is really necessary, the construction unit or individual may apply to the original examination and approval authority for an extension within 30 days before the expiration of the prescribed time limit, and the extension period shall not exceed one year.

Twenty-third in the town, township and village construction land, in order to implement the overall land use planning, agricultural land will be converted into villagers' residential construction land, and the approval procedures for agricultural land conversion shall be handled according to law before the construction land can be approved.

Twenty-fourth counties (cities, districts) planning and construction departments, land departments and township people's governments (street offices) shall implement an open service system, and publicize the application conditions, application approval procedures, approval time limit and other relevant provisions of the villagers' housing approval. The villagers' committee shall publicize the application and approval of villagers' building on the column of village affairs.

chapter four

construction supervision

Twenty-fifth villagers should build houses in strict accordance with the contents approved by the planning permission, and shall not change them without authorization. If it is really necessary to change, it shall be approved by the issuing authority and go through the formalities for change.

Article 26 The competent department of urban and rural planning of the people's governments of cities and counties and the people's governments of towns and townships shall supervise and inspect whether villagers' houses conform to urban and rural planning, and the inspected shall consciously accept the supervision and inspection, truthfully provide the information and necessary materials, and shall not conceal, hinder or obstruct the supervision and inspection activities carried out according to law.

The Township People's Government shall be responsible for the management of planning permission after examination and approval, establish archives of villagers' residential construction, do a good job of setting out and checking samples, and strengthen the supervision of planning implementation and the quality and safety management in the construction process.

Twenty-seventh villagers should entrust a qualified design unit or a designer with registered practice qualification to carry out housing design, or choose the overall planning of rural housing construction announced by the provincial and local planning and construction departments. If the building has a general plan, there should be professional and technical personnel to guide the construction of residential foundation. The construction of multi-storey apartment buildings shall be designed by a design unit with corresponding qualifications.

Twenty-eighth rural residential construction quality and safety by the building villagers and all parties involved in the construction of * * * shared responsibility. The construction of rural houses above a certain scale (more than four floors or centralized construction) shall be undertaken by construction enterprises with corresponding qualifications, and the centralized construction of rural houses shall go through the quality and safety supervision procedures; Below a certain scale, villagers can choose rural construction craftsmen or construction enterprises with corresponding qualifications to undertake the construction. Villagers who build houses in rural areas or units that organize villagers to build houses shall sign contracts with the construction parties to clarify the rights and obligations of both parties, and bear corresponding quality and safety responsibilities for the projects undertaken according to relevant regulations and contractual stipulations.

Twenty-ninth rural construction craftsmen engaged in the construction of villagers' houses should have corresponding construction skills. County (city, district) urban and rural construction departments, human resources and social security departments should strengthen the training of construction craftsmen, incorporate the training of construction craftsmen into the training of rural labor transfer and employment, give corresponding vocational skills training subsidies in accordance with relevant policies and regulations, improve the skills of construction craftsmen, and issue qualification certificates to those who pass the training and assessment. Encourage and guide villagers to build houses and choose construction craftsmen with qualification certificates.

Thirtieth county (city, district) construction departments shall supervise and manage the quality and safety of rural residential projects under centralized construction according to law.

The Township People's Government shall, in accordance with the relevant provisions of the Measures for the Administration of Building Safety in Fujian Province, earnestly strengthen the supervision and inspection of the quality and safety of villagers' residential construction.

County (city, district) construction departments should provide technical services and guidance, especially in the foundation, main structure, roof waterproof construction and other sub-projects and the removal of templates, scaffolding and other key links to strengthen the necessary technical guidance.

Article 31 Villagers build houses according to the planning and construction of villages and towns, and only charge the cost of land certificates and house property certificates, and shall not charge administrative fees such as the cost of planning permits, land acquisition management fees, infrastructure supporting fees, cultivated land reclamation fees, and paid use fees for new construction land.

Thirty-second villagers approved to use collective land to build houses only need to refer to the land requisition compensation standards and methods stipulated in the Measures of Fujian Province for Implementing the Land Management Law of the People's Republic of China, and pay land compensation fees to rural collective economic organizations or villagers' committees. After the villagers transform the old homestead and apply for a new homestead, if they return the old homestead to the village collective economic organization, they will not pay the land compensation fee.

Thirty-third rural residential construction using land contracted by villagers, the local villagers' committee or village collective economic organizations shall adjust the quantity and quality of land, so that the original contractor can continue to contract; If there is no condition to adjust the contracted land, the village committee or the unit responsible for demolition and resettlement shall pay compensation and resettlement fees to the original contractor in accordance with the statutory standards and measures for land acquisition compensation. The compensation and resettlement fees for land acquisition shall be paid by the tenants in the residential area.

Article 34 Land compensation fees and resettlement subsidies collected by villagers' committees or village collective economic organizations shall be used for the construction of infrastructure and public service facilities in the village, or for the development of production, resettlement or compensation for agricultural population, and shall not be occupied, misappropriated or illegally used in other forms.

Article 35 The county (city, district) planning and construction management department and the Township People's Government shall provide timely technical guidance services, provide general residential plans free of charge, intensify technical propaganda, and actively publicize the relevant provisions of residential district planning, building technical standards, quality and safety requirements, knowledge of disaster reduction and prevention, ecological environment protection and supporting facilities construction to the villagers.

Encourage technical forces from all sectors of society to support rural housing construction. Conditional counties (cities, districts) can set up rural housing construction technical service institutions to serve rural housing construction.

Thirty-sixth new construction, expansion and reconstruction of villagers' houses shall, within 30 working days from the date of acceptance of the houses, apply for the initial registration of land or the registration of change and the registration of house property rights according to law, and obtain the land use right certificate and the house ownership certificate.

chapter five

technology standard

Thirty-seventh villagers should abide by the following technical standards:

(1) site selection: areas with complex geology, poor foundation bearing capacity, low terrain, difficult drainage and easy to be affected by natural disasters such as tuyere, landslide, lightning and flood should be avoided.

(2) Planning: Detailed planning for the construction of residential quarters should be worked out. Individual residences should conform to the village reconstruction plan and be close to the residential quarters where cities, counties and towns are located, and the construction of multi-storey unit residences should be guided by the relevant standards for the planning and design of urban residential quarters.

(3) Number of floors and area: rural single-family houses, townhouses or townhouses shall not exceed three floors, and the construction area of each household shall be controlled within 300 square meters. The construction of multi-storey residential units, the construction area of each household is controlled at about 200 square meters.

(4) Floor height: The floor height should be controlled according to the local actual situation, generally about 3 meters.

(5) Spacing and orientation: The ratio between the front and rear spacing of residential buildings and the height of the front building is generally not less than 1: 1, and the gable spacing of adjacent houses (from external wall to external wall) is not less than 4m, so buildings should be arranged in the south, east or south and west. New buildings should be more than 3 meters away from the red line of the village main road and more than 1 meter away from the red line of the village branch road.

(6) Earthquake resistance: The newly-built houses must meet the seismic fortification requirements of the project, and the slabs, beams and columns shall not adopt stone structures.

(7) Building monomer: it should meet the production and living needs of villagers. Residential layout should be equipped with living room, bedroom, kitchen, bathroom and storage room (farm tools stacking room), which should meet the requirements of area, ventilation and lighting. The house is simple and beautiful in shape, and it is advisable to use a sloping roof with local characteristics, and the appearance should be decorated at one time.

(8) Supporting facilities: septic tanks and other treatment facilities should be built simultaneously; Centralized construction of residential areas, water supply and drainage, power communication, roads, radio and television, greening and community services and other supporting facilities are planned and constructed simultaneously. The building density of residential areas is controlled at around 30%, and the green space rate is not less than 30%.

Chapter vi

Legal liability

Article 38 Where land is illegally occupied to build houses without approval or by deception, the administrative department of land and resources of the people's government at or above the county level shall order it to return the illegally occupied land, dismantle the newly built buildings and other facilities on the illegally occupied land within a time limit, and restore the land to its original state.

Thirty-ninth without obtaining the certificate of planning permission, the administrative department of land and resources shall not go through the formalities for examination and approval of land use. In violation of the provisions of these measures, illegal approval of villagers' residential construction land, the approval document is invalid, the directly responsible person in charge and other directly responsible personnel who illegally approve villagers' residential construction land shall be investigated for responsibility according to law, and the illegally approved land shall be recovered according to law.

If the illegal approval of land causes losses to the parties concerned, they shall be liable for compensation according to law.

Fortieth without obtaining a planning permit according to law or failing to carry out construction in accordance with the provisions of the planning permit, the Township People's Government shall order it to stop construction and make corrections within a time limit; If it is not corrected within the time limit, it can be removed; In the town planning area, the Township People's Government shall cooperate with the competent department of urban and rural planning of the people's government of the city or county or other relevant departments to investigate and deal with it according to law.

The village (neighborhood) committee shall report to the competent department of urban and rural planning of the people's government of the city or county, the subdistrict office or the people's government of the town or township in a timely manner when it finds any violation of urban and rural planning within its jurisdiction.

It is strictly forbidden to go through the formalities of fines or disguised charges instead of approval for houses that have not been approved by villagers.

Forty-first units and construction craftsmen who participate in the survey, design, construction and supervision of rural residential construction shall bear corresponding legal responsibilities for the quality and construction safety of residential construction projects according to law.

Forty-second in violation of the provisions of these measures, the villagers who apply for homestead are charged fees, and the relevant administrative departments at or above the county level shall order them to return them within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be held accountable according to law.

Article 43 If the organs and their staff who implement the planning, construction and land use management of villagers abuse their powers, neglect their duties or engage in malpractices for selfish ends, the competent department at a higher level or the supervisory organ shall investigate the responsibility of the directly responsible person in charge and other directly responsible personnel according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII

Supplementary rules

Article 44 The specific application of these Measures shall be interpreted by the Fujian Provincial Department of Housing and Urban-Rural Development and the Department of Land and Resources.