(a) the illegal construction of the original villagers' non-commercial houses exceeding the approved area;
(2)1Illegal buildings built before March 5, 999 that meet the treatment conditions of Several Provisions of Shenzhen Special Economic Zone on Dealing with Illegal Private Houses Left over from History and Several Provisions of Shenzhen Special Economic Zone on Dealing with Illegal Buildings Left over from Production and Operation History (hereinafter referred to as the "Two Provisions") and have not been treated;
(3) 1999 illegal buildings built before March 5 that do not meet the treatment conditions of the "two regulations";
(4) All kinds of illegal buildings built before1October 28th, 2004 and after1March 5th, 999;
(5) All kinds of illegal buildings built after October 28th, 2004 and before the implementation of this decision, except those approved by the District People's Government to resume work or agreed to build. Third, the Municipal People's Government should conduct a comprehensive investigation of illegal buildings in the city, establish a ledger and database of illegal buildings, and itemize the construction parties or managers, location coordinates, land use attributes, construction area, construction time, category and use.
The general survey of illegal buildings shall be completed within one year from the date of implementation of this decision.
There is no charge for conducting a census. Four, illegal construction parties or managers shall, within six months from the date of implementation of this decision, in accordance with the requirements of the census work, to declare to the street office where the illegal construction is located.
Fails to declare, by the street office in the community where the building is located, the main public places in the area and the municipal and District People's government website publicity for three months; If the announcement fails to be declared at the expiration of the period, it shall be temporarily managed by the sub-district office and removed or confiscated according to law after the census work. Five, the illegal buildings recorded in the census, the Municipal People's Government shall distinguish the degree of illegality, according to the requirements of this decision and the overall land use planning, urban planning, overall land use planning, respectively, through the confirmation of property rights, demolition or confiscation according to law, temporary use and other ways to deal with. , in batches. Six, according to the census records of illegal buildings, meet the conditions of confirming property rights, give due consideration to the interests of the original villagers and the original rural collective economic organizations, on the basis of distinguishing the illegal buildings and the different situations of the parties, give punishment and make up the land price, register for the first time in accordance with the regulations, and issue a certificate of immovable property rights according to law.
Specific measures, such as the conditions for the confirmation of property rights, the standards and procedures for the punishment and recovery of land prices, and the conditions and procedures for the first registration, shall be formulated separately by the Municipal People's Government. Seven, the Municipal People's Government shall optimize and rationally adjust the basic ecological control line, and then according to the basic principles of this decision, the illegal buildings occupying the land within the basic ecological control line shall be formulated separately. Eight,1illegal buildings built before March 5, 999, who meet the "two regulations" treatment conditions, continue to be treated in accordance with the "two regulations". Other illegal buildings shall be dealt with in accordance with this decision, and the specific measures shall be formulated separately by the Municipal People's Government. Nine, one of the following illegal buildings shall be demolished according to law:
(a) there are serious security risks that cannot be eliminated after rectification;
(two) illegal occupation of state-owned land that has gone through the procedures of expropriation and transfer compensation, which seriously affects urban planning and cannot be corrected by taking measures;
(3) occupying basic farmland;
(four) occupying the land of the first-class water source protection area;
(five) occupying public roads, squares, green spaces, high-voltage power supply corridors, public facilities and public welfare projects, occupying underground pipelines or otherwise seriously affecting urban planning, and unable to take measures to correct it;
(six) other circumstances that should be dismantled according to law.
With the third, fourth and fifth cases of illegal construction, the construction behavior occurred before the land use was determined according to law, the demolition should give appropriate compensation. Specific compensation measures shall be formulated separately by the Municipal People's Government. Ten, illegal construction in any of the following circumstances, shall be confiscated according to law:
(a) illegal occupation of state-owned land that has gone through the procedures of expropriation and transfer compensation, and the use function of the building does not violate the urban planning, or it can be used by taking corrective measures;
(two) industrial and supporting illegal buildings beyond the scope of land approved by the District People's Government for resumption of work;
(3) Other circumstances that should be confiscated according to law. Eleven, the illegal buildings recorded in the census, has not been dealt with in accordance with this decision and the relevant provisions, can be temporarily allowed to use.
If the parties or managers of illegal building construction need temporary use, they shall apply to the relevant departments for engineering quality and fire safety inspection; If the project quality and fire safety inspection are qualified and meet the geological safety conditions, the relevant procedures for temporarily engaging in production and business activities and house leasing can be handled in accordance with the regulations. Specific provisions such as the application procedures for temporary use and the term of use shall be formulated separately by the Municipal People's Government. Twelve, the compensation and subsidies for illegal building demolition, should follow the principle of respect for history, fairness and reasonableness, and differential treatment, properly take care of the interests of the original villagers and the original rural collective economic organizations, and reflect the spirit of law-abiding. Specific compensation and subsidy measures shall be formulated separately by the Municipal People's Government.
Due to the implementation of urban planning, old city (village) transformation, public infrastructure construction and other public interests need to be removed, the illegal buildings whose property rights have been confirmed after treatment shall be compensated according to law.
Illegal buildings recorded in the census, except those whose property rights have been confirmed or undeclared after treatment, are located in the red line of the original rural non-agricultural construction land or outside the red line of the original rural non-agricultural construction land, but the construction behavior occurred before rural urbanization and was built by the original villagers or the original rural collective economic organizations, and appropriate subsidies will be given when it is dismantled according to law.