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Measures of Shenzhen Municipal People's Government on Handling Illegal Buildings of Industrial and Public Facilities Left over from Rural Urbanization History
Chapter I General Provisions Article 1 In order to ensure the implementation of urban planning, expand industrial development space and improve urban public facilities, these 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). Article 2 These Measures shall apply to the safe custody, treatment, confirmation, legal demolition or confiscation of illegal industrial buildings left over from the history of rural urbanization (hereinafter referred to as illegal industrial buildings) and illegal public supporting buildings left over from the history of rural urbanization (hereinafter referred to as illegal public buildings).

The term "historical illegal buildings in the industry" as mentioned in these Measures includes historical illegal buildings such as production and operation, commerce and office. Illegal buildings left over from history refer to buildings and living facilities such as factories and warehouses that are actually used for industrial production or goods storage. Historical illegal buildings in business and office 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.

The term "historical illegal buildings of public facilities" as mentioned in these Measures refers to buildings and living facilities that are actually used for non-profit purposes, such as non-commercial culture, education, sports and health, administrative office and community service. Article 3 The Municipal Office of Illegal Investigation shall be responsible for overall planning, coordination and guidance on the handling of historical illegal construction, standardize handling procedures and operational procedures, unify format documents, and improve the handling system of historical illegal construction. Article 4 The district government (including the new district management organization, the same below) is responsible for coordinating and handling the historically illegal buildings within its jurisdiction, organizing the safety management of historically illegal buildings within its jurisdiction, the review of planned land use, the verification of historically illegal buildings within the basic ecological control line, and the identification of the former rural collective economic organizations or their successors. The planning land review department shall be determined by each district. The district government shall guarantee the organization and leadership, institutional personnel and working funds of the handling work. Each district may, in combination with the actual situation in this area, formulate detailed rules for the implementation of historical illegal buildings, and report them to the municipal investigation office for the record.

Sub-district offices (including the offices established in the new district, the same below) are responsible for the preliminary examination of historical illegal buildings, the implementation and publicity of safety management of historical illegal buildings. The community workstation is responsible for cooperating with the sub-district office to carry out historical illegal construction treatment related work.

The district investigation office is responsible for organizing the classification review and simple handling of historical illegal buildings, and issuing handling documents. District planning land supervision institutions are responsible for the implementation of administrative penalties for historical illegal buildings according to law. Article 5 The planning and land department is responsible for organizing the formulation of operational guidelines for the review of historical illegal land use, guiding and supervising the investigation of historical illegal land use, the investigation and management of potential safety hazards of geological disasters, the review of planned land use and the verification of historical illegal land use within the basic ecological control line. Article 6 The construction department is responsible for organizing the formulation of relevant procedural rules such as investigation, detection, appraisal and entrustment of historical illegal building structural safety hazards, guiding and supervising the investigation, detection and appraisal activities of structural safety hazards, establishing a list of historical illegal building safety appraisal institutions through public means such as bidding, and filing the qualified report of housing safety appraisal. Article 7 The fire supervision department shall be responsible for organizing the formulation of technical specifications for investigation of fire safety hidden dangers, technical specifications for fire safety assessment and fire supervision and management measures, handling fire inspection and acceptance or filing procedures for historical illegal construction, implementing fire supervision, and strengthening the supervision and management of fire technical service institutions. Article 8 Relevant functional departments such as development and reform, finance, economic and trade information, scientific and technological innovation, market supervision, living environment, transportation, health, education, public security, supervision, civil affairs, justice, labor, culture, water affairs, urban management, safety supervision, house leasing, overseas Chinese affairs, banking supervision and other units, as well as water supply, power supply, gas supply and other units, shall, according to their respective functions and duties, participate in dealing with historically illegal buildings. Article 9 The former rural collective economic organization or its successor unit shall actively cooperate with the safe custody, treatment confirmation, legal demolition or confiscation of historical illegal buildings, actively apply for treatment, and encourage other parties or managers of historical illegal buildings to accept the treatment. Chapter II Safety Management Article 10 The district government is responsible for organizing the safety management of historically illegal construction industries and public facilities within its jurisdiction, and only those that meet the safety management requirements can be temporarily used.

Safety management refers to the activities of investigation, rectification and daily supervision of illegal building structures, fire fighting and geological disasters left over from history in order to eliminate potential safety hazards and improve the production and living environment. Eleventh district government is responsible for organizing the investigation of building structure, fire protection, geological disasters and other hidden dangers of illegal buildings left over from history, and establishing investigation files with buildings as units.

The investigation of potential safety hazards such as building structure, fire protection and geological disasters can be entrusted to a third-party organization, and the method of entrustment shall be determined by the district government according to law. Twelfth after investigation of the existence of housing structure, fire safety hazards, the district government should order the historical illegal parties to rectify within a time limit. Where the rectification involves housing safety appraisal and fire safety assessment, it shall be implemented in accordance with the provisions of Article 28 of these Measures.

The planning and land department shall, according to the prevention and control plan of geological disasters, timely print and distribute the map of geological disaster-prone areas to the district governments, and the district governments shall be responsible for the investigation of hidden dangers of historical illegal buildings located in geological disaster-prone areas, and organize effective prevention and control measures. Geological disaster investigation or exploration institutions shall have the qualifications of geological disaster risk assessment, geological disaster control engineering exploration, design, construction or supervision.

The first and second paragraphs of this article, which belong to the circumstances specified in Item (1) of the first paragraph of Article 9 of the Decision, shall be cleared according to law.