Latest policies for self-built houses in rural areas in 2023

"Several Provisions on the Safety Management of Residential Self-Built Houses in Hunan Province" was adopted at the 34th meeting of the Standing Committee of the 13th People's Congress of Hunan Province on November 23, 2022, and is hereby announced. Effective from January 1, 2023. Standing Committee of the Hunan Provincial People's Congress November 23, 2022 Several Provisions on the Safety Management of Self-Built Houses by Residents in Hunan Province

Article 1: These regulations shall apply to the safety management of self-built houses by residents within the administrative region of this province. The term “self-built housing by residents” as mentioned in these regulations refers to private housing (including ancillary buildings, structures and other facilities) organized and constructed by urban and rural residents themselves.

Article 2: People’s governments at or above the county level shall strengthen leadership over the safety management of self-built housing for residents within their own administrative regions, establish and improve safety management coordination and linkage mechanisms, supervise the implementation of safety management responsibilities, and ensure safety management work Funds to guide and support township people's governments and sub-district offices to strengthen the building of housing safety management teams. Township people's governments and sub-district offices should implement local responsibilities and be responsible for the safety supervision and management of residents' self-built houses within their jurisdictions, conduct daily supervision of the safety of car chains in residents' self-built houses, and carry out relevant laws, regulations and safety management of residents' self-built houses. Promote knowledge, establish and improve systems such as house safety administrators and grid-based dynamic management, and promptly stop illegal construction and other behaviors that endanger house safety. Township people's governments and sub-district offices can provide technical support for house safety management by purchasing services. Villagers' committees and residents' committees should assist township people's governments and sub-district offices in supervising and managing the safety of the construction and use of residents' self-built houses, and incorporate relevant regulations on the safe construction and use of residents' self-built houses into village (residential) regulations and civil covenants. If any illegal construction or other behaviors endangering housing safety are discovered, they should be promptly discouraged and reported to the township people's government and sub-district office.

Article 3: The competent departments of housing and urban-rural development of the people's governments at or above the county level are responsible for the comprehensive supervision and management of the safety of residents' self-built houses within their own administrative regions, guide the construction of residents' self-built houses, and take the lead in organizing the safety of residents' self-built houses. Investigate and rectify hidden dangers, and establish and improve a long-term mechanism for the safety management of self-built houses by residents. The natural resources departments of the people's governments at or above the county level are responsible for guiding residents within their own administrative regions to handle land use and planning procedures for self-built houses in accordance with the law, and conduct risk investigation in areas prone to geological disasters. The agricultural and rural administrative departments of the people's governments at or above the county level are responsible for guiding the management of self-built housing sites for rural residents within their respective administrative regions. The departments responsible for fire supervision and management shall guide the fire safety management in places with densely populated houses built by residents within their own administrative areas. The market supervision and administration, education, public security, commerce, culture and tourism, health, emergency management, urban management and comprehensive law enforcement, finance, civil affairs and other departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in supervising and managing the safety of residents' self-built houses. .

Article 4: The township people's government shall, in accordance with these regulations and other relevant laws and regulations as well as the orders and decisions of the provincial people's government, implement administrative penalties related to the safety management of residents' self-built houses that are responsible for the relevant competent departments of the county-level people's government; According to the entrustment of the relevant competent departments of the county-level people's government, implement administrative licensing related to the safety management of residents' self-built houses. The relevant competent departments of the people's government at the county level may, based on the actual situation, entrust the sub-district offices with administrative penalties and administrative licenses related to the safety management of residents' self-built houses.

Article 5: Residents who build, renovate (expand) or rebuild self-built houses must go through land use, planning, construction and other procedures in accordance with the law, and comply with the provisions of laws, regulations, rules and construction project planning permits. Construction shall be carried out in accordance with the provisions of the permit or the provisions of the rural construction planning permit. No new self-built houses for residents are allowed within the existing construction land of cities and counties. New residential-built houses are generally not allowed to exceed three floors. If a resident's self-built house has more than three floors originally approved in accordance with the law, the number of floors after modification (expansion) or reconstruction shall not exceed the number of floors originally approved in accordance with the law.

Residents constructing self-built houses shall, in accordance with the provisions of the "Construction Law of the People's Republic of China" and relevant laws, regulations and rules, entrust a survey and design unit with corresponding qualifications to submit design drawings and documents, and entrust a construction company with corresponding qualifications to Construction enterprises carry out construction; when rural residents build low-rise residences, they can use drawings provided free of charge by the housing and urban-rural development department of the county-level people's government and entrust rural construction craftsmen with qualified construction skills training to perform the construction. The design and construction units and rural construction craftsmen shall carry out design and construction in accordance with the provisions of laws, regulations, rules and the stipulations of the contract. Residents' self-built houses should be inlaid with permanent signs, the main contents of which include the completion time, construction entity, construction entity, project leader, etc. After the completion of a self-built house by a resident, the owner shall organize the completion acceptance. If the completion acceptance is not organized or the completion acceptance fails, the house shall not be put into use. Those who put it into use without authorization shall be ordered to stop using it. The methods for the completion acceptance of self-built houses by residents shall be formulated by the housing and urban-rural development department of the Provincial People's Government.

Article 6: The owner of a self-built house by a resident is the person responsible for the safety of the house. If the house owner and the house user are inconsistent, the house owner and the house user shall bear the responsibility for the safety of the house according to the agreement; if there is no agreement or the agreement is unclear, the house owner shall bear the responsibility for the safety of the house. If the whereabouts of the house owner are unknown or the ownership of the house is unclear, the user or manager of the house shall bear the responsibility for the safety of the house. The person responsible for the safety of the houses built by residents shall bear the following responsibilities for the safety of the houses: (1) Not to add floors or dismantle or modify the main load-bearing structure of the house without authorization; (2) Conduct daily safety inspections, maintenance and repairs on the houses, and eliminate safety hazards in a timely manner; ( 3) If serious safety hazards are discovered, promptly report to the residents committee or village committee, and take emergency measures such as suspending use, evacuating the crowd, setting up warning signs, etc.; (4) Ensure the fire safety of the house; (5) As stipulated by laws, regulations, and rules Other Responsibilities.

Article 7: If any of the following circumstances exists in a self-built house by a resident, endangering the safety of the public, the person responsible for the safety of the house shall entrust a house safety appraisal agency to conduct a safety appraisal in accordance with the law: (1) There is a problem in the house Obvious sinking, cracks, tilt, corrosion, etc.; (2) House damage due to natural disasters, fires, explosions and other accidents; (3) Designed self-built houses for residents that have reached the designed service life; (4) Safety inspection and other obvious safety hazards discovered during routine inspections or other situations stipulated in laws, regulations, and rules.

Article 8: House safety appraisal agencies shall have independent legal person qualifications, have corresponding professional and technical personnel, professional equipment and facilities, and comply with relevant national and provincial regulations. The housing and urban-rural development department of the Provincial People's Government shall publish the list of housing safety appraisal agencies to the public to facilitate public inquiry. House safety appraisal agencies shall carry out appraisal activities in accordance with relevant regulations and standards, standardize charging behavior, and be responsible for the authenticity and accuracy of the appraisal reports issued.

Article 9: If a resident’s self-built house is identified as a Class C or D dangerous house, the house safety appraisal agency shall promptly deliver the house safety appraisal report to the client and submit it to the township people’s government where the house is located, Report from the sub-district office and the housing and urban-rural development department of the county-level people's government. The township people's government and the sub-district office shall, within three days from the date of receipt of the house safety appraisal report, issue a supervision notice to the person responsible for the safety of the house and put forward the opinions on the treatment of the dangerous house and the time limit for the settlement; the person responsible for the safety of the house shall Risk relief measures such as repairs, reinforcements, and demolitions should be taken in accordance with the handling opinions and crisis relief deadlines proposed in the notification of supervision and relief. If a resident's self-built house is identified as a Class C or D dangerous house and is in danger of collapse, the house safety appraisal agency shall immediately inform the client and report the situation immediately to the township people's government, sub-district office and county-level people's government housing and urban-rural development supervisor where the house is located. According to the department report, the township people's governments and sub-district offices should immediately organize and take emergency response measures; the person responsible for the safety of the house should immediately stop using it and organize the evacuation of personnel.

Article 10: In addition to complying with the provisions of Article 6 of these regulations, residents’ self-built houses used for business operations shall also comply with the following provisions: (1) Those engaged in personnel-intensive business activities shall obtain a The building safety appraisal certificate that meets the requirements of the business format or the completion acceptance certificate after modification (expansion) or reconstruction according to the requirements of the business format; (2) Meet the fire safety standards that the business site should have, and shall not occupy or block evacuation passages and safety exits; (3) Each household's self-built house operation business shall generally not exceed three types, based on the structural safety, operating safety, legal compliance of house construction, and fire safety requirements for operating residents' self-built houses. Strictly control the number of people. The specific number standards will be formulated separately by the relevant competent departments of the people's governments of districted cities and autonomous prefectures. If residents' self-built houses that have been used for business before the date of promulgation of these regulations do not comply with this provision, they shall be adjusted to comply with the regulations before June 30, 2025; (4) Residents' self-built houses engaged in industrial production and processing shall comply with relevant laws and regulations , Implementation of rules and regulations; (5) Other provisions of laws, regulations and rules. Encourage insurance institutions to develop insurance types based on the safety management needs of residents' self-built houses, and encourage residents to purchase house safety insurance using those responsible for the safety of self-built houses.

Article 11: People’s governments at all levels should establish and improve mechanisms for investigating and rectifying hidden safety risks in self-built houses by residents. The Provincial People's Government should strengthen supervision, guidance, assessment and evaluation of the safety inspection and rectification of self-built houses for residents across the province. Municipal and county-level people's governments should establish a regular and long-term safety inspection, review and random inspection system for residents' self-built houses. Township people's governments and sub-district offices should conduct regular inspections based on the safety conditions of residents' self-built houses within their respective jurisdictions; conduct regular inspections on the urban-rural fringe, urban villages, resettlement areas, around schools and hospitals, industrial parks, tourist attractions, and geological disaster-prone areas Conduct comprehensive inspections in key areas and other key areas every year, and strengthen daily inspections. If potential safety hazards are found in a house through investigation and daily inspections, the township people's government and sub-district office shall provide written disposal opinions to the person responsible for the safety of the use of the house. The investigation activities should involve the participation of professional institutions and personnel, and a ledger of investigation and rectification work should be established.

Article 12: The competent department of housing and urban-rural development of the Provincial People's Government shall establish a comprehensive management platform for residents' self-built houses to promote the sharing of information on the safety management of residents' self-built houses. People's governments at or above the county level and their relevant competent departments, township people's governments, and sub-district offices should use the platform to supervise and manage the land, planning, construction, and use of residents' self-built houses.

Article 13: The people’s government at the county level shall establish and improve the complaint, reporting and reward mechanism for residents’ self-built housing safety management violations, publish the channels for complaints and reporting, handle complaints and reporting matters in a timely manner, and respond to complaints The information of persons and whistleblowers shall be kept confidential. If complaints and reports are verified to be true, the people's government of the place where the residents build their own houses will reward them. Specific reward methods and standards shall be formulated by the people's governments at the municipal and county levels.

Article 14: If relevant responsible personnel of people’s governments at or above the county level and their relevant competent departments, township people’s governments, sub-district offices, residents’ committees, and villagers’ committees abuse their power, neglect their duties, or practice favoritism, Punishment shall be imposed in accordance with the law.

Article 15: If residents build their own houses without obtaining a construction project planning permit, the urban management and comprehensive law enforcement departments of the city and county people's governments shall comply with the "Urban and Rural Planning Law of the People's Republic of China" Relevant provisions shall be dealt with; if construction is not carried out in accordance with the provisions of the construction project planning permit, the urban and rural planning departments of the city and county people's governments shall order the construction to be stopped and promptly transfer it to the urban management and comprehensive law enforcement departments in accordance with the "Urban and Rural Planning of the People's Republic of China" The relevant provisions of the Planning Act shall be dealt with. If a resident's self-built house fails to obtain a rural construction planning permit in accordance with the law or fails to construct it in accordance with the provisions of the rural construction planning permit, the township people's government shall handle it in accordance with the relevant provisions of the Urban and Rural Planning Law of the People's Republic of China.

Article 16: If the person responsible for the safety of the house violates the first item of Article 6, paragraph 2, of these regulations and adds floors without authorization or dismantles or modifies the main load-bearing structure of the house during use, the city or county shall The urban management and comprehensive law enforcement department of the people's government or the township people's government orders the cessation of illegal activities and takes measures to eliminate dangers such as restoration to the original condition or repair and reinforcement within a time limit. The person responsible for the safety of the house shall immediately stop the illegal activities from the date of receiving the notice to stop the illegal activities. ; Those who refuse to stop illegal activities or fail to take measures to eliminate dangers such as restoring the original condition or repairing and reinforcing the equipment within the time limit shall be ordered to stop using it.

Article 17: If the person responsible for the safety of the house violates Article 7 of these regulations and fails to entrust a house safety appraisal agency to conduct a safety appraisal in accordance with the law, the housing and urban-rural development department of the county-level people's government or the township people's government shall A fine of not less than 5,000 yuan but not more than 10,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.

Article 18: If a housing safety appraisal agency violates paragraph 3 of Article 8 of these regulations and issues a false appraisal report, the housing and urban-rural development department of the people's government at or above the county level shall order it to make corrections and impose a fine of 100,000 yuan. A fine of not less than RMB 300,000 but not more than RMB 300,000 shall be imposed; if the circumstances are serious, a fine of not less than RMB 300,000 but not more than RMB 500,000 shall be imposed; if there are any illegal gains, the illegal gains shall be confiscated. House safety appraisal agencies and responsible appraisers who violate relevant national or provincial prohibitive regulations during house safety appraisal activities shall not engage in house safety appraisal activities within three years.

Article 19: If the person responsible for building safety violates the provisions of Article 10, Paragraph 1, Paragraph 1, of these Regulations, the relevant competent department of the county-level people's government or the township people's government shall order him or her to make corrections within a time limit; If corrections are made, a fine of not less than 5,000 yuan but not more than 50,000 yuan will be imposed.

Article 20: If laws and regulations have provisions for administrative penalties for violations of these provisions, such provisions shall prevail; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 21: These regulations will come into effect on January 1, 2023.

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