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Trial measures for the decision of the Standing Committee of Shenzhen Municipal People's Congress on handling illegal buildings left over from the history of rural urbanization
Chapter I General Provisions Article 1 These implementation measures are formulated in accordance with the Decision of the Standing Committee of Shenzhen Municipal People's Congress on Handling Illegal Buildings Left over from the History of Rural Urbanization (hereinafter referred to as the "Decision") and in combination with the overall plan of land management system reform in Shenzhen. Article 2 These Measures shall apply to the disposal of illegal buildings left over from the history of rural urbanization in the pilot areas determined by the municipal government.

Illegal houses left over from the history of rural urbanization built by non-original villagers, and illegal houses built for the purpose of real estate development without approval (including actual division and transfer after completion) will not be handled and confirmed. Article 3 The pilot work of dealing with illegal buildings left over from the history of rural urbanization shall follow the basic principles of "making a thorough investigation, distinguishing situations, respecting history, seeking truth from facts, screening subjects, combining leniency with severity, handling according to law and gradually solving" as stipulated in Article 1 of the Decision. Article 4 The municipal leading group for investigating and handling illegal buildings and problems left over from the history of rural urbanization is responsible for overall planning, coordinating and guiding the pilot work of handling illegal buildings left over from the history of rural urbanization, strengthening the accountability mechanism, and sending special commissioners to deal with illegal buildings left over from history to the pilot areas.

The leading group for investigating and dealing with illegal buildings and problems left over from the history of rural urbanization set up by the district government where the pilot area is located (including the new district management organization, the same below) is responsible for unified organization and coordination, with an office (hereinafter referred to as the district investigation office) to carry out specific work and issue processing documents. Article 5 The municipal planning land management department (hereinafter referred to as the planning land management department) is responsible for reviewing the planned land for illegal buildings left over from history, and verifying the land area, land use, building area, use function and duration, ownership nature and other indicators of illegal buildings left over from history, as well as the amount of premium paid. Article 6 The construction administrative department is responsible for supervising the safety appraisal of illegal buildings left over from history, organizing the formulation of relevant procedural rules for safety appraisal and entrustment of illegal buildings left over from history, and establishing a list of safety appraisal institutions for illegal buildings left over from history through public means such as bidding. Article 7 The public security fire department is responsible for organizing the formulation of technical specifications for fire protection of illegal buildings left over from history, technical specifications for fire safety assessment and measures for fire supervision and management, handling fire inspection and acceptance or filing procedures for illegal buildings left over from history, implementing fire supervision, and strengthening the supervision and management of fire technical service institutions. Article 8 Relevant functional departments and units such as market supervision, public security, house leasing, environmental protection, culture, health, industry, water affairs, overseas Chinese affairs, civil affairs, and justice shall, according to their respective functions and duties, participate in the disposal of illegal buildings left over from history.

For illegal buildings left over from history that have not been declared for temporary use according to the provisions of the Decision and the Implementation Measures, they are prohibited from entering the rental market, and the housing rental management department shall not handle the housing rental registration or filing procedures for them.

Water supply, power supply and gas supply units shall strengthen the management of water supply, power supply and gas supply, and shall immediately report the illegal acts of water supply, power supply and gas supply to the competent department of water, electricity and gas for handling. Chapter II Interpretation Article 9 Illegal buildings left over from history are divided into:

(1) illegal buildings left over from residential history;

(two) illegal buildings left over from the history of production and operation, including illegal buildings left over from the history of industry and warehousing;

(3) Illegal buildings left over from business and office history refer to buildings and living facilities that are actually used for profit-making purposes, such as commercial wholesale and retail, commercial office, services (including catering and entertainment), hotels, business culture, education, sports and health;

(4) Illegal buildings left over from the history of public facilities refer to non-commercial buildings and living facilities such as culture, education, sports and health, administrative offices and community services that are actually used for non-profit purposes;

(5) Historical illegal buildings with multiple uses;

(6) Historical illegal buildings are used for other purposes. Article 10 "There are serious security risks" as stipulated in Item (1) of Paragraph 1 of Article 9 of the Decision, including the following situations:

(1) It is located in a disaster risk area related to geological processes such as mountain collapse, landslide, debris flow, ground collapse, ground fissure and ground subsidence;

(two) housing safety does not meet the standards and norms of structural safety and seismic fortification;

(three) there are major fire safety hazards in public gathering places that do not meet the fire safety requirements and cannot be rectified;

(four) there are other serious security risks. Eleventh "decision" in the ninth (two) and (five) "seriously affect the city planning", in addition to the "decision" has been clear, but also includes the following circumstances:

(1) occupying the red line of the road;

(two) affect the urban landscape on the main street;

(three) affecting the construction of key projects or the overall layout of the city;

(four) the destruction or influence of cultural relics protection and scenic spots;

(5) occupying the planned municipal infrastructure;

(6) Other circumstances stipulated by laws and regulations. Article 12 The manager of illegal buildings left over from history is the main body entrusted by the parties in writing to manage illegal buildings left over from history.

The original rural collective economic organizations and their successor units are recognized by the district government or the sub-district offices entrusted by the district government (including the offices established in the new district, the same below).

The "one household" in the principle of "one household, one building" for the original villagers is determined in accordance with Article 4 of the Interim Measures for the Construction of Non-commercial Housing for the Original Villagers in Shenzhen (Shenfu [2006] 105).