Twenty-third planning and management of various development zones and new urban areas shall be uniformly implemented by the competent department of urban and rural planning of the municipal and county people's governments.
Twenty-fourth urban and rural planning to determine the following infrastructure, public service facilities and ecological environment protection land, it is forbidden to change the use without authorization:
(1) Railways, highways, rail transit, ports, airports, roads and squares;
(2) Pipeline facilities, nuclear power plants, power transmission and distribution facilities, transmission line corridors, communication facilities, radio and television facilities, civil air defense facilities, gas facilities and funeral facilities;
(3) Green land, parks, wetlands, rivers, lakes, reservoirs, water sources and nature reserves;
(4) Fire exits, flood control exits and earthquake-proof exits;
(5) Fire stations, public parking lots, bus stations, public toilets, landfills and incinerators, garbage transfer stations, waterworks, sewage treatment plants, livestock slaughtering plants (fields), medical waste treatment plants, hazardous waste treatment plants and dangerous goods warehouses;
(six) schools, kindergartens, hospitals, township hospitals, nursing homes, welfare homes, museums, science and technology museums, cultural centers, libraries, gymnasiums (fields), theaters;
(seven) other land that needs to be protected according to law.
Violation of urban and rural planning, unauthorized change or occupation of the above-mentioned land use construction, urban and rural planning departments shall not apply for planning permission, the relevant competent departments shall not apply for construction project approval, filing, approval procedures.
Article 25 The development and utilization of underground space shall conform to the level of economic and technological development, conform to the planning for the development and utilization of underground space, and go through the relevant planning permission procedures according to law. If the underground space is developed simultaneously with the ground construction project, the planning permission formalities shall be handled together with the ground construction project.
Where underground space is used to build municipal facilities, the construction unit shall provide the municipal facilities construction plan to the competent department of urban and rural planning in advance, and the competent department of urban and rural planning shall make overall arrangements with the relevant competent departments.
All kinds of pipeline projects on new roads, bridges and tunnels should be arranged in accordance with the requirements of municipal planning and design, follow the construction procedures of underground first, underground first and shallow buried first, organize construction comprehensively, and build simultaneously with roads, bridges and tunnels.
Article 26 The people's governments of cities and counties where historical and cultural cities, towns, villages and historical and cultural blocks are located shall be responsible for organizing the preparation of protection plans for historical and cultural cities, towns, villages and historical and cultural blocks and submitting them to the provincial people's government for examination and approval.
The competent department of urban and rural planning and the competent department of cultural relics of the provincial people's government shall announce the outstanding modern buildings in the city that need to be protected.
Article 27 The competent department of urban and rural planning of the provincial people's government shall, according to the relevant national technical standards and norms, formulate technical specifications for urban and rural planning management and submit them to the provincial people's government for approval.
The competent department of urban and rural planning of the city people's government shall, according to the technical specifications of urban and rural planning management in the province, formulate the technical specifications of urban and rural planning management in the region, and report them to the people's government at the same level for approval before implementation.
The competent department of urban and rural planning of the county people's government may, in accordance with the technical regulations on urban and rural planning and management of provinces and cities divided into districts, formulate technical regulations on urban and rural planning and management in this region.
Twenty-eighth construction project site submissions to implement grading examination and approval:
(a) the construction projects that need to be approved by the relevant departments of the State Council and the construction projects in the key supervision areas determined by the provincial urban system planning shall be issued by the competent department of urban and rural planning of the provincial people's government;
(two) the construction project approved by the relevant departments of the local people's governments below the provincial level shall be certified by the competent department of urban and rural planning of the people's government of the city or county where the project is located;
(three) the construction project across administrative regions shall be certified by the competent department of urban and rural planning of the people's government at the next higher level.
The site selection scheme of the construction project in the overlapping area between the planning area and the scenic spot shall be reported to the competent department of the scenic spot for approval in accordance with the prescribed procedures, and the competent department of urban and rural planning of the local city or county people's government shall issue opinions on the site selection of the construction project.
The competent department of urban and rural planning shall solicit public opinions through the website of the local government, major newspapers or other forms for not less than seven days before issuing opinions on the location of major construction projects involving the vital interests of the masses. Public opinions should be used as an important basis for issuing opinions on site selection.
Twenty-ninth construction units to apply for construction project site submissions, shall provide the following materials:
(1) A written application for site selection of a construction project;
(two) a description of the construction project and site selection requirements;
(3) The site selection scheme of the construction project;
(4) Topographic map indicating the location of the proposed site;
(five) the project site selection opinions issued by the competent department of urban and rural planning of the provincial people's government shall be accompanied by the preliminary site selection opinions issued by the competent department of urban and rural planning of the people's government of the city or county where the construction project is located and the red line map of the construction project site selection.
After examination, the competent department of urban and rural planning shall, within 30 days from the date of accepting the application, issue a construction project site selection opinion.
Article 30 If it is really necessary to locate a major construction project determined by the state and the province outside the scope of construction land determined by urban and rural planning, it shall entrust an urban and rural planning unit with corresponding qualifications to issue a feasibility study report on site selection, and the competent department of urban and rural planning shall organize the demonstration to determine whether to issue opinions on project site selection.
Article 31 Before transferring the right to use state-owned construction land, the competent department of urban and rural planning of the people's government of the city or county shall, according to the regulatory detailed planning and technical regulations on planning management, issue the planning conditions for transferring the land, and attach the red line map of construction land planning as an integral part of the contract for transferring the right to use state-owned construction land. Need the construction unit to prepare a detailed construction plan, it should be clear in the planning conditions.
The planning conditions for construction land shall include the following contents:
(a) location, scope, nature, area and construction area, building density, floor area ratio, green rate, building boundaries, building concessions, building height control, parking lot (garage) setting, parking spaces, main entrances and exits, underground space development and utilization, etc.;
(two) the public facilities and municipal infrastructure and property services that must be allocated;
(three) other matters stipulated by relevant laws, regulations and rules, as well as the mandatory contents and requirements stipulated by relevant norms and standards.
Thirty-second without the competent department of urban and rural planning to determine the planning conditions, the right to use state-owned construction land shall not be transferred. If the transfer contract of the right to use state-owned construction land is not included in the planning conditions, the transfer contract is invalid.
When the right to use state-owned construction land is transferred, the transferee shall not change the planning conditions determined in the original transfer contract without authorization.
The competent department of urban and rural planning shall not arbitrarily change the planning conditions of the construction land planning permit and the construction project planning permit as part of the contract for the assignment of the right to use state-owned construction land.
The construction unit shall, in accordance with the provisions of the contract for the assignment of the right to use state-owned construction land or the decision on the allocation of state-owned construction land, simultaneously build infrastructure and public service facilities.
Article 33 For a construction project that has obtained the right to use state-owned construction land by means of transfer, after signing the contract for transferring the right to use state-owned construction land, the construction unit or individual shall, with a written application, the contract for transferring the right to use state-owned construction land and the approval, approval or filing documents of the construction project, obtain a construction land planning permit from the competent department of urban and rural planning of the people's government of the city or county where the project is located. The competent department of urban and rural planning of the people's government of the city or county shall issue the construction land planning permit within ten days from the date of accepting the application.
Article 34 For a construction project that provides the right to use state-owned construction land by means of allocation within a planned urban area or a planned town area, the construction unit shall apply to the competent department of urban and rural planning of the people's government of the city or county where the construction project is located for issuing a planning permit for construction land with a written application, topographic map and approval, approval and filing documents of the construction project. Upon examination, the competent department of urban and rural planning of the people's government of the city or county shall issue the construction land planning permit within 30 days from the date of accepting the application.
Thirty-fifth construction units or individuals shall not change the planning conditions without authorization, and if it is really necessary to change, it shall be carried out in accordance with the following procedures:
(a) apply to the competent department of urban and rural planning for change according to law, and explain the contents and basis of the change;
(two) the competent department of urban and rural planning shall organize experts to demonstrate the necessity of the change before the examination and approval, and publicize it through the local government website or major newspapers and periodicals, solicit the opinions of interested parties in various forms, and organize hearings when necessary;
(three) the competent department of urban and rural planning shall promptly publish the changed planning conditions on the website of the local government or major newspapers and periodicals, and notify the competent department of land at the same level.
Changes in the nature and volume rate of land, the competent department of urban and rural planning shall be reported to the people's government at the same level for approval.
Changes that do not conform to the regulatory detailed planning shall not be approved.
Thirty-sixth in the city and town planning area for the following projects, the construction unit or individual shall apply to the competent department of urban and rural planning of the people's government of the city or county for a construction project planning permit:
(1) Buildings, structures, roads and pipeline projects;
(2) Square and parking lot;
(3) Underground space development and utilization projects;
(4) urban sculpture;
(5) Outdoor advertising facilities occupying urban land and space;
(six) other construction projects as prescribed by laws and regulations.
The contents of the construction project planning permit shall conform to the planning conditions stipulated in the construction land planning permit, including the location, construction scale and use function of the construction project, and shall be accompanied by the approved construction project design scheme and detailed construction planning.
If the contents of the construction project planning permit are changed according to law, the construction unit or individual shall go through the formalities of change at the original issuing authority.
The construction unit or individual shall publicize the construction project planning permit and the general plan of construction project design at the construction site and accept social supervision.
Thirty-seventh construction project planning permit shall be handled in accordance with the following procedures:
(a) the construction unit or individual to a written application, the use of land-related documents, construction project design and other materials to the competent department of urban and rural planning where the project is located to apply for a construction project planning permit, the need for the construction unit to prepare a detailed plan for the construction project, it should also submit a detailed plan for the construction;
(two) the competent department of urban and rural planning shall organize relevant departments to review the design scheme and detailed planning of construction projects.
Upon examination, the competent department of urban and rural planning shall issue the construction project planning permit within 30 days from the date of accepting the application. The time required for the construction unit to modify the design scheme of the construction project and the detailed planning of the construction project is not counted in the license period.
The construction unit or individual can only apply for the construction permit and the commercial housing sales (pre-sale) permit after obtaining the construction project planning permit.
Thirty-eighth in the township and village planning area for the following construction, the construction unit or individual shall hold the following materials, to the town and township people's government where the construction project is located to apply for a rural construction planning permit:
(a) for the construction of township enterprises, rural public facilities and public welfare undertakings, it shall submit the application form for rural construction planning permit, the design scheme of the construction project, the topographic map indicating the location of the project and other relevant materials. If approval and filing are required according to law, relevant documents shall also be submitted.
(two) rural villagers to carry out residential construction, it should be submitted to the rural construction planning permit application form, the villagers' committee agreed to the views and other related materials.
Article 39 After accepting the application for rural construction planning permit, the people's government of a town or township shall send people to inspect the site. If the villagers' residential projects built with the original homestead meet the planning requirements after examination, the Township People's Government shall issue a rural construction planning permit within 20 days from the date of acceptance.
Other construction projects shall be put forward by the people's governments of towns and townships, and submitted to the competent department of urban and rural planning of the people's governments of cities and counties for examination and approval. Upon examination, if it meets the planning requirements, the competent department of urban and rural planning of the people's government of the city or county shall issue a rural construction planning permit within 20 days from the date of receiving the transfer materials; Non-rural villagers' residential construction projects shall issue rural construction planning permits within 60 days from the date of receiving the transfer materials.
The rural construction planning permit shall specify the planning conditions.
The construction unit or individual can only go through the formalities of examination and approval of land use after obtaining the rural construction planning permit.
Fortieth in the township and village planning areas, the use of state-owned land for engineering construction shall be in accordance with the planning permission procedures for state-owned land engineering construction in urban and town planning areas, and the planning permission procedures shall be handled according to the township and village planning or special planning.
Forty-first according to the law need to handle the construction project site submissions, the construction unit shall, within one year from the date of obtaining the construction project site submissions, go through the formalities for examination and approval of the construction project according to law.
The construction unit or individual shall, within one year from the date of obtaining the construction land planning permit, go through the formalities for examination and approval of land use according to law, and go through the construction permit according to law within one year from the date of obtaining the construction project planning permit and the rural construction planning permit.
If an extension is really necessary, the construction unit or individual may apply to the original examination and approval authority for an extension within 30 days before the expiration of the period specified in the first and second paragraphs of this article, and the extension period shall not exceed one year. If the construction unit or individual fails to go through the relevant formalities within the prescribed time limit and fails to apply for extension, the original construction project site selection opinion, construction land planning permit, construction project planning permit and rural construction planning permit will automatically become invalid.
Forty-second construction units or individuals shall, before the construction project starts, apply to the authorities that issued the construction project planning permit and the rural construction planning permit for line inspection.
The issuing authority shall, within ten days from the date of accepting the application, issue opinions on line inspection to the construction unit or individual. After the experience line is qualified, the construction unit or individual can start work.
Forty-third temporary construction in urban and town planning areas shall be reported to the competent department of urban and rural planning of the people's government of the city or county for approval.
In any of the following circumstances, the competent department of urban and rural planning shall not approve temporary construction:
(a) affecting the implementation of the recent construction planning or regulatory detailed planning and public interests such as traffic, city appearance and safety;
(two) occupation of electricity, communications, civil air defense, radio and television, flood protection areas, public green spaces or urban underground pipelines;
(three) the construction of residential buildings or buildings, structures or other facilities for business, tourism, entertainment, education, industry, warehousing, catering, livestock and poultry breeding and other activities;
(four) other circumstances that may not be approved by laws, regulations and rules.
Forty-fourth temporary construction shall not change the nature of use without authorization, and shall not apply for housing registration.
Temporary buildings used for the sale of commercial housing or on-site construction sheds shall not exceed the construction period; Other temporary construction period shall not exceed two years. If an extension is really necessary, it may apply to the original approval authority for an extension, and the extension period shall not exceed two years.
If the term of temporary construction expires, or the use of temporary construction is terminated early due to the needs of national construction, the construction unit or individual shall dismantle the temporary construction and clean up the site within 15 days from the date of expiration of the term or receipt of the notice from the original approval authority, and return the temporary land.
Article 45 Before organizing the completion and acceptance of the construction project, the construction unit or individual shall apply to the competent department of urban and rural planning to verify the planning conditions, and submit the construction project planning permit or rural construction planning permit and its attachments, drawings, completion surveying and mapping reports, completion drawings and other materials.
The competent department of urban and rural planning shall send people to the site to verify the implementation of the planning conditions within ten days from the date of accepting the application. After verification, in line with the planning conditions, the competent department of urban and rural planning shall, within thirty days from the date of acceptance, issue a verification opinion on the planning conditions to the construction unit or individual; Do not meet the planning conditions, shall be ordered to make corrections within a time limit, re apply for planning conditions verification, and shall be investigated and dealt with according to law.
Without verification of the planning conditions or verification does not meet the planning conditions of the construction project, the construction unit shall not organize the completion acceptance, the construction administrative department and other relevant departments shall not handle the completion acceptance for the record, and the housing registration agency shall not handle the housing registration.
Forty-sixth construction units or individuals shall carry out construction in accordance with the provisions of the construction project planning permit and the rural construction planning permit. If it is really necessary to change the provisions of the construction project planning permit, it shall be reported to the original issuing authority for approval before implementation.
Where illegally constructed buildings, structures and other facilities are put into use, or the use functions of buildings, structures and other facilities are changed without authorization, the relevant departments of local people's governments at or above the county level shall not issue relevant licenses.
Forty-seventh planning units and design units shall calculate the land area, building area, building height, floor area ratio, building density, green rate, parking spaces and other planning technical and economic indicators. According to the relevant national and provincial technical standards and norms, and be responsible for the authenticity and accuracy of the indicators.
The design unit shall carry out engineering design according to the planning conditions stipulated in the construction land planning permit and the approved construction project design scheme and construction detailed planning.
Article 48 Surveying and mapping units shall carry out construction project survey, lofting and completion surveying and mapping in accordance with relevant national and provincial surveying and mapping technical specifications, regulations, construction project planning permits and rural construction planning permits, and be responsible for the authenticity and accuracy of their results.