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What should I do if someone else occupies my home?
Land clearing, registration and certification in special economic zones (hereinafter referred to as special zones) shall be carried out in accordance with relevant state laws.
And the relevant documents of the municipal government 1982, to register the illegally occupied land and land.
Make the following decisions on issues related to certification. 1. About illegal occupation of land. Press 1 98265438+1October1to198865438+1February 2.
The Interim Provisions of Shenzhen Special Economic Zone on Land Management (hereinafter referred to as the Interim Provisions) has legal effect.
Fourth and the relevant provisions of the municipal government, the following acts are illegal occupation of land. (a) without the approval of the municipal government and its authorized organs, occupying state-owned and collective land; (2) Obtaining land approval by deception; (three) more than the approved amount of land; (4) Take advantage of the national land acquisition opportunity to give rebates to the land-expropriated units on the condition of land rebate.
Land-based; (five) the basement area of each household in rural private houses exceeds 80 square meters; (six) the private housing land of state cadres and workers in the special zone has not been cleared by Shenzhen City.
Housing leading group acceptance; (seven) illegal occupation of land by other means. Two, the handling of illegal occupation of land by state organs, military units, enterprises and institutions or individuals. According to "Regulations on Land Requisition for National Construction" issued by 1982 and the municipal government 1982 on May 4th.
/kloc-The Interim Measures for the Administration of Urban Construction in Shenzhen (hereinafter referred to as the Interim Measures) implemented in July,
Before the promulgation of this decision, the illegally occupied land and its responsibilities shall be dealt with as follows: (1) If it is not completed and used, but it affects the urban construction planning, it shall be demolished within a time limit, and if it is not demolished within the time limit.
, should be forcibly removed, in order to reach the workplace. (two) has been completed and used, but does not affect the urban construction planning, urban real estate reform.
Approved by the leading group, 60 yuan (schools, kindergartens, nursing homes, etc. ) will be levied per square meter.
Welfare undertakings may reduce or exempt fines as appropriate. After that, they should go through the formalities and keep them. (3) State cadres, workers, urban residents and myself have no permanent residence in the Special Zone.
Illegal occupation of land shall be handled in accordance with the provisions of document No.22 of Shenwei Committee [1983] and document No.22 of Shenfu [1983].
Reason. (four) the person responsible for the illegal occupation of land is a national cadre or employee, by the unit or the superior machine.
Guan shall be given administrative sanctions. Three, the illegal occupation of rural areas, should be handled in accordance with relevant laws and regulations. (1)1982 September 17 Interim Provisions on Land for Building by Rural Members of Shenzhen Special Economic Zone
(hereinafter referred to as Shenfu [1982No. 185), the construction land exceeded the standard before it was issued, and the builder
The land that exceeds the standard should be withdrawn, and it may not be withdrawn, without affecting urban planning and public recognition.
Under the condition of not dealing with it in principle. (2) After the document Shenfu [1982] 185 is issued, it exceeds the land use standard stipulated in the document.
However, if it is approved by the municipal or district urban construction department and the procedures are complete, in principle, each administrative region shall apply for reply [1982].
The file 185 is handled by itself. Beyond the standard part of the land should be recovered; Those who can't quit,
Without affecting urban planning, it shall be implemented in accordance with the Measures for the Administration of Rural Construction Land in Guangdong Province.
Article 23 stipulates that the land user shall pay 10-20 yuan land compensation fee to the original land unit per square meter.
Expenses. (3) After the document Shenfu [1982] 185 was issued, it was not approved by the municipal or district urban construction department.
Land for building and factory use, or land exceeding the approved land, and document No.41986+01issued by Shenfu Office.
After the issuance, the land that exceeds the land use standard or exceeds the red line range of rural land has been designated.
Illegal occupation of land shall be handled as follows: 1. The land that has not been built and used will be recovered free of charge; 2 has been completed and used, but the impact of urban construction planning should be removed within a time limit, overdue demolition, should be
Demolition with materials to work; 3 has been completed and used, but does not affect the urban construction planning, according to the following provisions, allowed to stay.
Use, pay a fine and go through the formalities. (1) If the basement area of each household exceeds 80 square meters, the excess part is within 20 square meters.
, a fine of 30 yuan per square meter, more than 20 square meters, a fine of 60 yuan per square meter.
. (2) If the same household owns two houses, the sum of the basement area of the house shall not exceed 80 square meters.
Reservation; If the basement area of each house does not exceed 80 square meters, a fine shall be imposed in accordance with the provisions of the preceding paragraph.
Keep it. (3) The same household owns two or more houses, one of which has a basement area exceeding.
80 square meters, according to the provisions of this article (1) fine, keep a building; Or according to the provisions of item (2) of this article.
Disposal of retained, the rest of the housing should be confiscated or priced as public property. (4) If the land used by rural collective industrial and commercial enterprises exceeds 15 square meters, the excess will be fined per square meter.
30 yuan, make a reservation. Four, about the sale and unauthorized transfer of land in any of the following circumstances, according to the sale and unauthorized transfer.
Land disposal: (1) Rural collective units or individuals transfer collectively owned land or land used by individuals,
Selling or transferring to others for profit without authorization; (two) state organs, social organizations, schools, troops, enterprises and institutions or individuals, so that it
The land used is sold or transferred to others for profit without authorization; (three) any unit or individual, in the name of self-built office building, factory building, employee housing, etc. , not yet
With the approval of the municipal government, the approved land is sold, transferred or used as a condition for shareholding and investment without authorization.
Others jointly set up enterprises or build houses for profit; (four) the real estate development department directly approves the land it develops without the approval of the municipal government.
Selling or transferring to obtain illegal benefits from it; (5) Rural villagers, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan will sell their own homesteads as required,
Unauthorized transfer or cooperation with others to build houses for profit on the condition of homestead; (6) buying and selling land in disguised form in the name of transferring the above-ground objects; (7) Building factories and houses for farmers on the condition of providing equipment and funds in exchange for agriculture.
Land collectively owned by the people; (8) buying, selling or transferring land without authorization by other improper means. Five, in accordance with the provisions of the "Interim Measures" fifty-first, fifty-second, sell or unauthorized.
(1) Confiscating illegally obtained funds, buildings and other materials, and imposing five penalties on the parties concerned.
The fine shall not exceed 100 yuan; (two) to recover the land that has not been built for free; (three) to have been built and used, but the impact of urban construction planning should be removed within a time limit, overdue demolition.
Demolition, should be forcibly removed, in order to reach the workplace; (four) for the completed use, but does not affect the urban construction planning, except for the first paragraph of this article.
The rest of the confiscated illegal income shall be handed over from the date of illegal occupation.
Continue, until the date when the reservation is allowed, within the scope of the permitted land area, a dime per square meter will be levied every day.
After the money is fined, it will be retained; (five) if the person in charge is a national cadre or employee, he shall be punished by his unit or higher authorities.
Political punishment. If the circumstances are serious violations of the criminal law, criminal responsibility shall be investigated according to law. Six, not according to the approval documents or the provisions of the city planning land use, unauthorized change of land use.
In accordance with the provisions of Article 51 of the Interim Measures, illegal land occupation shall be dealt with: (1) to make corrections within a time limit in accordance with the requirements of the approval documents and urban planning; (two) users who have been built and used and cannot be corrected shall register and issue certificates to the municipal land and housing management office.
Housing application, approved by the municipal real estate reform leading group, confirms the land use right, and is exempt from land reform.
From the date of self-use to the date of approval, a fine of ten cents per square meter per day will be imposed.
If the changed use fee is higher than the original land use, it shall be paid from the date of changing the land use. Seven, beyond the "Interim Provisions", "Interim Measures" and Shenfu [1982] 185 document.
The examination and approval authority, the illegal approval of land use and the change of land use shall be invalid, according to this decision 2,
Items (1) to (5) and (6) shall be handled in the prescribed manner. The person in charge of the land use unit and the management personnel who abuse their powers shall, depending on the seriousness of the case, be
Where the unit or the higher authorities give administrative sanctions, if accepting bribes violates the criminal law, criminal responsibility shall be investigated according to law.
Responsibility. Eight, holding the planning red line map issued by the Municipal Planning Bureau, and has occupied the land but has not yet applied for land acquisition.
Procedures, according to the provisions of the land acquisition procedures, from the date of land use, land acquisition fees should be paid according to the amount of silver.
Interest, pay interest to the land acquisition unit. Nine, since the date of approval of land use within two years without construction (temporary buildings according to the theory of construction.
), except those who have been granted an extension upon application, the originally approved land will be recovered. Ten, according to the provisions of punishment, allowing the use of land, must be handled in accordance with the relevant provisions.
Go through the formalities and submit the following documents: (1) application for registration; (two) the penalty decision and the receipt of the fine; (3) Other documents deemed necessary. Eleven, the illegal occupation of land after the promulgation of this decision, should be dealt with severely. (a) where the illegal use of land, will quit within a time limit, and give a fine. (two) the amount of fines shall be calculated according to the 300 yuan per square meter, and those sold or leased shall be confiscated.
Or all illegal gains from buying, selling or leasing land in disguise. (three) to change the land use without authorization, in addition to giving a fine, it should also be ordered to make corrections. (four) the person in charge of illegal land use, the person directly responsible or the illegal individual, by
Give administrative sanctions in the unit or higher authorities. Twelve, "Shenzhen Special Economic Zone Land Management Regulations" promulgated, the transfer of land use rights, should be
Pay the land price or land use right transfer fee according to relevant regulations. XIII.1May 1982 14 The Regulations on Land Requisition for National Construction was owned by the whole people before its promulgation.
System or collective ownership units, without the city planning bureau designated land red line, should be based on the actual land.
Scope, determine the boundary point (no land dispute), and determine the coordinates, measure the area, and confirm the land use.
Yes, indefinite service life. However, it must be indicated in the remarks of the land use certificate and registration card: "None".
With the approval of the Municipal Bureau of Land and Resources, this land shall not be expanded or transferred without authorization. When the overall urban planning needs it, it may be
According to the relevant national policies, it will be requisitioned after appropriate compensation. "Fourteen, Shenzhen municipal units (hereinafter referred to as the Chinese side) to land shares, joint ventures with merchants or other units.
All the funds or equipment invested by the parties according to the contract to set up factories and enterprises have been invested.
Yes, the land use certificate should be issued to the joint venture itself, and the two parties did not contribute according to the contract.
If the funds and equipment are not invested or partially invested, the land use certificate shall be issued to the Chinese side or Shenzhen side.
Department in charge. Fifteen, belongs to the planning red line (such as urban roads, green belts) of the land, should be back according to the red line.
Determine the address of the boundary, determine the coordinates and measure the area; Belong to the building line, still according to the red line diagram.
Define boundaries and areas, and confirm land use rights. Sixteen, the actual land does not match the red line map, the area is not much different, in principle, according to the red line map to confirm.
Land use right. However, the permanent buildings that have been built cannot be changed and will not affect the overall urban planning.
Under the premise of the actual construction area, confirm the land use right. Seventeen, when there is a contradiction between the adjacent boundaries, it should be determined according to the principles of urban cadastral management and the overall urban planning.
Mediation, redefining the scope of land use and verifying land use rights. 18. In any of the following circumstances, the state-owned land use certificate will be issued: (1) Before the revised draft of the working regulations of rural people's communes 1962 was promulgated on September 27,
Land used by units under ownership by the whole people (excluding borrowed land). (2) After the revised draft of the working regulations of rural people's communes was published on September 27th, 1962,
Land requisitioned for national construction. (3) Units under collective ownership use expropriated land. (4)1September 27th, 962 to1May 27th, 982, units owned by the whole people used collective ownership.
Unified land, although the land acquisition procedures have not been handled, but there is a contract, and material support has been made or the labor force has been resettled.
Land of power. (5) With the approval of the people's governments at or above the county level, units at or above the township level set up Sino-foreign joint ventures with land as shares.
Land for foreign-funded enterprises. (six) rural private housing land and industrial and commercial land designated by the Municipal Planning Bureau. (seven) the land used by government offices and collective enterprises and institutions. Nineteen, belonging to the rural planning within the scope of the red line of private housing for farmers, according to the third paragraph of article third.
Recognize the area of air defense basement and issue land use certificate. Twenty, according to the provisions of Shenfuban [1986] No.411,each household and village will be allocated 200 square meters.
Private housing land (including village roads, municipal public facilities, green belts, cultural and sports venues)
), according to the provisions of Article 19 of this decision, excluding private housing land. The rest of the land (plots) by the village committee is responsible for.
According to the nature of use, register the land use certificate. Twenty-one, rural planning outside the red line of farmers' private housing land, according to the housing registration.
The homestead area determined by the relevant provisions shall be registered by the Municipal Bureau of Land and Resources (except for illegal land occupation and buildings).
, temporarily not issued. Twenty-two, this decision is implemented by the municipal and district land and housing registration and certification office. be good at
Demolition of temporary illegal buildings below 1,000 yuan can be registered and certified by the land and housing registration authority in each administrative region.
Decision making and implementation; A fine of more than one thousand yuan, the need to confiscate or dismantle permanent buildings, by the city
The real estate reform leading group approved the implementation. Twenty-three, in dealing with illegal occupation of land and land housing registration and certification process,
Bribery, bribery, extortion, corruption, bribery, or inciting people to make trouble or obstructing land clearing.
Management, registration and certification work must be dealt with strictly. If the circumstances are serious enough to constitute a crime, the responsibility shall be investigated according to law.
Investigate criminal responsibility. Twenty-four, deal with the illegal occupation of land fines, turned over to the Municipal Finance Bureau. Tudifang
Housing registration and certification office in the land clearing, registration and certification work costs, by the city
Issued by the Finance Bureau. Twenty-five, if a party refuses to accept the decision, it may receive a decision.
Within thirty days from the date of notification to the people's court, not to prosecute, and refused to perform, the city,
District land and housing registration and certification office may apply to the people's court for compulsory execution. Twenty-six, Baoan County People's Government according to the actual situation, with reference to this decision, the development plan of Baoan County.
The decision on the illegal occupation of land shall be reported to the Municipal People's Government for the record. Twenty-seven, this decision by the city land and housing registration certification office is responsible for the interpretation of. Twenty-eight, this decision shall come into force as of the date of promulgation. In the past, the city's regulations on illegal punishment.
In case of any conflict with this decision, this decision shall prevail.
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