Measures of Shanghai Municipality on the Administration of the Building of Villagers' Residential Houses
Measures of Shanghai Municipality on the Administration of the Building of Villagers' Residential Houses
Measures of Shanghai Municipality on the Administration of the Building of Villagers' Residential Houses
Order of Shanghai Municipal People's Government No. 71
May 26, 2007
The Measures of Shanghai Municipality on the Administration of the Building of Villagers' Residential Houses, which was adopted at the 143rd executive meeting of Shanghai Municipal People's Government on May 21, 2007, is released hereby and shall come into force as of July 1, 2007.
Mayor: Han Zheng
Measures of Shanghai Municipality on the Administration of the Building of Villagers' Residential Houses
(Promulgated by Order of Shanghai Municipal People's Government No. 71 on May 26, 2007)
Chapter I General Provisions
Article 1 (Purposes and Basis)
With a view to strengthening the administration of the building of villagers' residential houses, guiding villagers to rationally build their residential houses and economize on the use of land resources, and promoting the building of a new countryside, these Procedures are formulated in accordance with relevant laws and regulations and in the light of the actual circumstances of this Municipality.
Article 2 (Application Scope)
These procedures apply to the activities of newly building, renovating, extending and rebuilding residential houses on the land collectively owned by peasants (hereinafter referred to as the "villager's house building") carried out by villagers and the administration thereof within the administrative area of this Municipality.
Article 3 (Definitions)
Some terms used in these Procedures are defined as follows:
1. The term "villager" refers to a member of a rural collective economic organization in this Municipality, with registered permanent residence in this Municipality.
2. The term "individual house building" refers to the activities of building a house carried out by an individual household of villagers itself.
3. The term "cooperative house building" refers to the activities of building villagers' new houses organized and carried out by a villagers' committee.
Article 4 (Administrative Departments)
Shanghai Municipal Housing, Land and Resources Administration (hereinafter refers to as "SMHLRA") shall be the competent administrative department in charge of the land use and the building of supporting facilities for villagers' house building in this Municipality; the district/county administrative department of real estate shall be responsible for the administration of the land use and the building of supporting facilities for villagers' house building within its own administrative areas, and the town/township land administrative office, as its agency, shall be responsible for the specific administration of relevant work.
Shanghai Municipal Urban Planning Administration (hereinafter referred to as "SMUPA") shall be the competent administrative department in charge of the planning for villager's house building in this Municipality; the district/county planning administrative department shall be responsible for the administration of the planning for villager's house building within its own administrative areas.
Shanghai Municipal Construction and Transportation Commission (hereinafter referred to as "SMCTC") shall be the competent administrative department in charge of the construction activities for villager's house building in this Municipality; the district/county construction administrative department shall be responsible for the supervision and administration over the construction activities for villager's house building within its own administrative areas.
The district/county people's government and the town/township people's government shall be responsible for the administration of villager's house building within their respective administrative areas. The town/township people's government shall, commissioned by the district/county planning administrative department, check and issue the Building Permit for individual house building, conduct the on-stream inspection and the acceptance check thereof; and shall, commissioned by the district/county construction administrative department, conduct on-the-spot guidance and inspection on individual house building in terms of safety and quality.
The departments of reform and development, agriculture, environmental protection, city appearance and environmental sanitation, etc. shall, according to their respective functions and duties, coordinate in implementing these Procedures.
Article 5 (Basic Principles)
The house building activities of villagers shall conform to the planning, economize on the use of land and focus on intensive construction, safe construction and environmental protection.
In regard to the administration and technical service for villager's house building, the living habit of villagers shall be respected, the principles of safety, economy, suitability for use and nice appearance be adhered to, the building quality be stressed, the supporting facilities be improved, the requirements for energy saving and land saving be met, and the countryside features be embodied.
Article 6 (Technical Service and Knowledge Publicity)
SMCTC shall, in conjunction with SMUPA, SMHLRA, the municipal environmental protection bureau and the municipal city appearance and environmental sanitation administration, organize the drawing up of the technical standards of planning, house designing standards, and set-up norms of supporting facilities for villager's house building.
The district/county people's government and the town/township people's government shall rationally determine the layout, space scope and land-use scale of villager's house building, and make overall arrangements for various items of the administrative work on villager's house building. The district/county construction administrative department and the town/township people's government shall boost the publicity to disseminate knowledge about the techniques and quality and safety relating to house building among villagers.
Article 7 (Modes of Villager's House Building)
This Municipality encourages cooperative house building and guides villager's house building to gradually converge on the residential areas determined in the planning. In the area where cooperative house building is practiced, no individual house building may be applied for; in the area where the village is to be reserved according to the approved planning while cooperative house building is not practiced, individual house building may be applied for according to the planning.
Reapplication for house building by a villager who has sold or given as a present his/her original house, or changed it into a business place, or participated in cooperative house building may not be approved.
Article 8 (Land-use Plan)
The district/county administrative department of real estates shall, according to the quotas of annual land-use plan assigned by SMHLRA and the municipal reform and development commission, determine the quotas of annual land-use plan for villager's house building and break them down into specific quotas for the town/township people's government.
When examining and verifying the application for house building, the town/township people's government shall observe the specific quotas of annual land-use plan for villagers' house building assigned by the district/county administrative department of real estates.
Article 9 (System of Opening the Handling of Affairs)
The district/county administrative departments of real estates, and planning, and the town/township people's government shall practice the system of opening the handling of affairs and make public relevant provisions concerning the conditions, procedure, time limit and competence for reporting, examination and approval relating to the application for villager's house building and the annual land-use plan for individual house building.
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