Article 1 In order to standardize the management of rural villagers' building (hereinafter referred to as villagers' building), ensure rural villagers to build houses in an orderly manner according to law, and promote social fairness and justice, according to the Land Management Law of People's Republic of China (PRC), the Property Law of People's Republic of China (PRC), the Urban and Rural Planning Law of People's Republic of China (PRC), the Measures for Implementing the Land Management Law of the People's Republic of China in Zhejiang Province, the Regulations on Urban and Rural Planning of Zhejiang Province, the Measures for the Administration of Rural Housing Construction in Zhejiang Province, and the Agricultural and Rural Department of Zhejiang Province.

Article 2 These Measures shall apply to the management of villagers' houses (including reconstruction, expansion and new construction in different places) within the administrative area of this Municipality (excluding Zhapu Town) and the protection of villagers' apartments.

Article 3 The term "rural villagers" as mentioned in these Measures refers to members of rural collective economic organizations who meet the requirements of these Measures; The term "rural housing" as mentioned in these Measures refers to the houses built by villagers on their legal homestead; The term "villagers building households" as mentioned in these Measures refers to family units with "marriage, consanguinity or adoption relationship", including themselves, parents, grandparents or dependents, spouses, children and grandchildren.

Article 4 Job responsibilities.

(1) The Municipal Bureau of Agriculture and Rural Affairs is responsible for the reform and management of rural homesteads, establishing and improving the management system for the distribution, use and circulation of homesteads, improving the standards for the use of homesteads, and guiding the rational layout of homesteads, the utilization of idle homesteads and idle farmhouses; Organize and carry out statistical investigation on the present situation and demand of rural residential land, and inform the Natural Resources and Planning Bureau of the demand for new construction land for villagers to build houses in a timely manner; Participate in the preparation of national spatial planning and village planning.

(two) the Municipal Bureau of Natural Resources and Planning is responsible for land spatial planning, land use planning and planning permission. In the land space planning, the scale and layout of homestead land shall be arranged as a whole to meet the reasonable demand of homestead land, and the relevant procedures such as approval and planning permission for agricultural land conversion shall be handled according to law.

(three) the Municipal Construction Bureau is responsible for the comprehensive supervision and management of rural housing construction and guidance services, organizing the preparation of general atlas of rural housing design, and guiding and controlling the style of rural housing construction.

(four) the Municipal Public Security Bureau is responsible for guiding the villagers to apply for housing, which involves household registration and population check.

(five) the Civil Affairs Bureau is responsible for the audit of the marital status of villagers.

(6) Municipal departments (units) such as justice, finance, human resources and social security, transportation, water conservancy, cultural tourism, health and wellness, affairs of retired soldiers, emergency management, auditing, market supervision, comprehensive law enforcement, ecological environment, power supply, water supply, fire protection, communications, etc. shall, according to their respective functions and duties, do a good job in the management of villagers' housing construction.

(VII) Town People's Government and sub-district offices (hereinafter referred to as town streets) are responsible subjects for the management of villagers' housing construction, and are responsible for the preparation of village planning, the examination and approval of rural residential sites, the planning permission of housing construction, the supervision and management of housing construction, and the organization and implementation of rural land development, consolidation and reclamation, village renovation, land acquisition for housing construction, and the construction of supporting facilities.

(eight) the village collective economic organizations or villagers' committees (hereinafter referred to as village-level organizations) are responsible for the qualification examination of villagers' housing, the submission of materials, and the orderly arrangement of homesteads. To formulate village rules and regulations in line with the actual situation of the village and strengthen daily management.

Chapter II Planning and Design

Article 5 Villagers shall build houses in accordance with the land spatial planning of towns and streets, and strictly implement the "1+X+n" village layout planning. Among them, the new town community (that is, "1" point) is dominated by multi-storey and high-rise apartments; The new urban-rural integration community (that is, the "X" point) focuses on co-construction and encourages the construction of apartments; The reserved points of traditional natural villages (that is, the "N" point) are mainly independent on-site self-built houses, and joint construction and building are encouraged. Allow villagers to gather across villages to build houses or replace apartments. It is forbidden to build, rebuild or expand houses outside the village planning area.

Sixth villagers should pay attention to saving and intensive use of land, and strictly control the land of each household. The number of floors of rural housing construction shall not exceed three, no new barns and productive houses shall be built, no fences, rockery pools and other facilities shall be built outside the approved construction land, and no basement shall be built.

Article 7 Villagers can choose the general atlas of rural housing compiled by the Municipal Construction Bureau or Zhenjie, or entrust a qualified design unit with the design by the village-level organization where the building is located or the owner of the building, and the design scheme must be approved by Zhenjie.

Article 8 Construction management of traditional natural village protection areas.

(a) the villagers should comply with the mandatory technical specifications of the relevant engineering construction, and strictly abide by the positive and negative list management requirements of the construction management of traditional natural villages. Strictly control the house style of the reserved point, and fully display the characteristics of the folk houses in Jiangnan water town.

(II) Village-level organizations shall, under the guidance of towns and streets, establish and improve village rules and regulations for the self-management of villagers' building, and democratically agree on management contents according to the actual situation of villages and groups. In principle, the negotiation terms of the relationship between adjacent buildings must be signed by four neighbors before they can be implemented.

(3) Relevant functional departments and village-level organizations should strengthen the on-site management of villagers' building, and guide the implementation of civilized construction and safe construction.

Chapter III Conditions for Applying for Building and Land Use

The first villager in Kujou Hajime can only own one homestead. Meet one of the following conditions, you can apply for building a house on a family basis:

(a) old houses, dangerous houses and houses destroyed by disasters;

(2) Having the conditions for applying for homestead by households;

(three) due to the implementation of village renovation projects and rural land comprehensive renovation projects need to be relocated;

(four) the use of land for public interests, the implementation of the original housing expropriation or relocation of new;

(five) other circumstances in accordance with laws, regulations and rules.

Tenth in any of the following circumstances, the application for building shall not be approved:

(a) to rent, sell, gift or other forms of transfer of housing, and housing for other purposes, and then apply for housing;

(two) the existing family members as a household to apply for housing land and approved, do not have the conditions to apply for homestead, but to apply for housing on the grounds of household registration;

(three) has been approved by the government or collective support;

(four) to all family members (one of whom is not a member of the collective economic organization) to analyze the original legal housing, and can not dismantle all the original housing to apply for building;

(five) the application for building households have illegal land use, illegal construction has not been handled and closed;

(six) other circumstances that do not conform to the provisions of laws, regulations and rules.

Eleventh meet one of the following conditions, you can apply for housing:

(a) two or more brothers and sisters (including two) get married, and the spouse's household registration (rural residents) moves in, and the homestead is not obtained by households in the place of origin;

(2) Among the brothers and sisters, more than 1 person (including 1 person) is married, the spouse's household registration (rural residents) has moved in, and the homestead has not been obtained by household in the place of origin, and there are other 1 person and above who are unmarried but have reached the age of 35;

(three) brothers and sisters, two or more of whom are unmarried but have reached the age of 35;

(four) due to divorce, divorce for five years and one party remarried for more than two years;

(five) other circumstances in accordance with laws, regulations and rules.

Twelfth any of the following circumstances, shall not apply for housing on the grounds of household:

(1) between husband and wife;

(2) between children and parents;

(3) between grandchildren and grandparents;

(four) other circumstances that do not conform to the provisions of laws, regulations and rules.

Article 13 The standard of the homestead area (construction area, the same below) for each villager building houses is: 80 square meters for households with less than 4 people, and 4 or more people (including 4 people) 100 square meter.

Fourteenth male 60 years old (including 60 years old), female 55 years old (including 55 years old) or more 1 2 villagers' families, encourage them to replace apartments.

Fifteenth villagers to apply for housing population base, according to the household registration in the village or the villagers' group of permanent residence calculation.

(1) Since the implementation of the Regulations of Zhejiang Provincial Public Security Department on the Registration and Management of Permanent Households in Zhejiang Province (Z.G.T.Z. Zi [2020] No.5), people whose household registration has moved from towns to rural areas may not apply for building houses on the grounds of establishing households or dividing households, nor may they be included in the population base for applying for building houses (except as stipulated in the third paragraph of Article 15).

(2) Persons with the status of civil servants (including civil servants) and state-owned enterprises and institutions, those who return to their hometowns to settle down and enjoy the housing reform policy, and those who enjoy compensation and resettlement due to homestead expropriation are not included in the population base.

(three) the following persons who originally belonged to the rural hukou of this Municipality can be included in the population base:

1. College students whose family members are at school, 1997 (inclusive);

2. Conscripts in active service in their families and junior noncommissioned officers who meet the relevant provisions;

3. Prisoners among family members;

4. Self-purchased commercial houses (including self-built houses that have obtained the right to use state-owned land according to law) that have purchased urban hukou, self-care ration hukou, and have not enjoyed the housing reform policy (including fund-raising housing, housing distribution in kind, housing distribution in money, affordable housing and other forms of housing monetary subsidies). );

5. Persons who can be included in the population base according to laws, regulations and rules.

(4) Couples whose family members (rural residents in this city) are all only children can choose not to transfer their household registration, but only one of them can be included in the population base.

(5) According to the Regulations on Population and Family Planning in Zhejiang Province (Third Revision), unmarried only children born before 20 15 12 3 1 (inclusive) are counted as two, and the population base is from 20161(.

Sixteenth to encourage paid withdrawal from the homestead. Villagers who have legal housing (homestead) in rural areas and buy houses in towns or the original villagers who have settled in cities can choose to quit the homestead, and the towns and streets will formulate policies to give certain economic compensation.

Encourage apartment replacement. Villagers choose to replace apartments, and Zhenjie shall formulate detailed rules for the implementation of replacement according to the municipal replacement policy.

Withdraw from the homestead (including housing) by the village organization to recover management, adjust the use or remediation and reclamation. Villagers who voluntarily give up their homestead or choose to replace their apartments no longer enjoy the right to apply for and use their homestead.

Chapter IV Plan Arrangement and Approval Process

Seventeenth villagers housing in accordance with the principle of "based on demand, total control, orderly progress", the implementation of annual plan management. Take the administrative village as the unit, reasonably formulate the annual implementation plan for villagers' housing construction, and clarify the number of houses built during the year, planning and site selection, land use scale and timing arrangement. Give priority to the construction of housing for households without housing, households in danger of housing and households with housing difficulties. Before the end of March each year, the implementation plan shall be summarized by the town street and submitted to the Municipal Bureau of Agriculture and Rural Affairs, the Natural Resources and Planning Bureau and the Construction Bureau for review and implementation.

Article 18 The system of "open examination and approval procedures, open application conditions, open list of buildings and open examination and approval results" shall be implemented in building examination and approval.

(a) in line with the application conditions of the homestead, two months in advance to the village organization to submit a written application for building, the villagers' representative meeting to discuss the application for building collectively. If the application meets the building conditions, it will be publicized in the village bulletin board for 10 days, including the applicant's family information, existing homestead and rural housing, the proposed homestead and building conditions, etc. If there is no objection to the publicity or the objection is not established, the applicant shall fill in the application materials and sign the original homestead recovery agreement with the village Committee. Cross village housing, but also must be discussed and agreed by the villagers' representative meeting where the building is located.

Village-level organizations are responsible for examining whether the materials submitted by the applicant are true and effective, whether the land to be built conforms to the village planning, and whether the opinions of the neighboring rights holders of the land for building have been solicited.

(2) After the village-level organizations sign the opinions, submit the materials to the town streets. Village-level organizations can provide agency services for villagers in matters such as approval, land use and planning verification procedures.

(III) Towns and streets should establish and improve the system of "one window for external acceptance and multi-departmental parallel audit operation" for rural homestead building joint examination and liaison office, and timely announce the handling procedures and elements. The Agricultural and Rural Affairs Office is responsible for reviewing whether the applicant meets the application conditions, whether it meets the land area standard, and whether it has been reviewed and publicized by village-level organizations. The Institute of Natural Resources is responsible for reviewing whether the proposed land meets the requirements of national spatial planning and use control. The village and town construction management office is responsible for reviewing whether the proposed building meets the requirements of the rational layout of the homestead and whether the villagers' housing units meet the requirements of style control. , and put forward examination and approval opinions according to the opinions of relevant departments, and handle relevant construction (planning permission) procedures. Involving police stations, social management offices, forestry, water conservancy, electric power and other departments to solicit opinions in a timely manner. After receiving the materials, Zhenjie will organize departments to jointly handle them and settle them within 20 working days.

According to the results of the joint trial, the villagers' application for building houses shall be examined and approved, and if the villagers' application conditions are met, the construction land planning permit and the villagers' residential land approval documents shall be issued within the scope of urban construction land; After the construction land is approved, the construction project planning permit will be issued. In the village planning area, the issuance of rural construction planning permits and villagers' residential land audit approval documents. To apply for building households that do not meet the building conditions, Zhenjie shall inform the applicant in writing and explain the reasons.

(4) After the application for building is approved, Zhenjie will notify the village organization where the builder is located within 5 working days, and the village organization will publicize the approval result 10 day. If there is no objection or the objection is not established, the applicant shall obtain the approval documents, implement qualified construction units or rural construction craftsmen, and apply for lofting construction (before construction, villagers should fully understand whether the site has building conditions and implement corresponding measures).

(5) Where villagers' residential land involves the occupation of agricultural land or unused land, the natural resources and planning department shall, in accordance with the provisions of Article 44 of the Land Management Law of the People's Republic of China, go through the examination and approval procedures for the conversion of agricultural land as planned.

(six) if the relevant administrative license involves significant interests between the applicant and others, the applicant and interested parties have the right to request a hearing before making a decision on administrative license.

Article 19 The villagers' application for building houses shall be valid within 1 year after approval, and shall become invalid after the deadline (if it is overdue due to special reasons, it may be extended for half a year with the approval of Zhenjie).

Article 20 the town street will file and file the relevant information of the homestead building land, and the examination and approval will be reported to the Municipal Bureau of Agriculture and Rural Affairs, the Natural Resources and Planning Bureau, the Construction Bureau and other departments for the record on a quarterly basis.

Twenty-first to arrange the homestead by means of grading arrangement base and paid site selection. , and the location of the new house cannot be determined due to the uncertainty of the joint construction object, you can "quantitatively locate" during the examination and approval, and fill in the location information of the new house after lofting and positioning.

Twenty-second villagers must "approve before building, demolish the old and build a new one" and go through the cancellation procedures of the original collective land use right certificate according to law.

Orderly arrange the joint construction of rural housing and build houses door by door. If it is really necessary to build a house door to door, and the original house structure and safety reasons cannot be dismantled, it is necessary to obtain the consent of the relevant departments of the town street for on-the-spot reconnaissance, and the relocation party will issue a written commitment to unconditionally dismantle the original house when building or apply for the collection before building.

Twenty-third after the villagers' application for building is approved, they must strictly implement the management system of building lofting, pipe trench inspection, construction process and project acceptance. After completion, on-site acceptance shall be conducted to examine whether the house is built according to the examination and approval opinions, and the Acceptance Form for Rural Homestead and Building (Planning Permission) shall be issued. After acceptance, villagers can apply to the natural resources and planning departments for real estate registration and issue real estate warrants.

Chapter V Supervision, Management and Legal Responsibility

Twenty-fourth any of the following circumstances, by the functional departments in conjunction with relevant departments and towns, streets, investigated and dealt with according to law:

(a) illegal occupation of land for building houses without approval or by deception;

(two) illegal houses that do not meet the planning requirements or exceed the standard;

(3) Failing to obtain a construction project planning permit or a rural construction planning permit according to law or failing to carry out construction according to the permitted contents;

(four) there are illegal acts in design, construction and supervision;

(five) the illegal transfer of homestead;

(six) other should be investigated according to law.

Twenty-fifth agricultural and rural areas, natural resources and planning, construction, market supervision, taxation, power supply, water supply, communications and other departments (units) shall not provide corresponding services for illegal houses and illegal buildings.

Twenty-sixth towns and streets should organize dynamic inspection of rural housing land according to law, timely discover and dispose of all kinds of illegal acts involving homestead and housing, and specifically implement the demolition and reclamation of illegal land and illegal buildings. Guide village-level organizations to improve the democratic management procedures for building houses with land, and establish a team of village-level coordinators.

Article 27 Municipal functional departments, town street and village staff who neglect their duties, abuse their powers or engage in malpractices for selfish ends in the process of housing application review and approval shall be given administrative sanctions according to the cadre management authority according to the law and regulations; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.

Chapter VI Supplementary Provisions

Article 28 These Measures shall come into force as of August 6, 2020. The original "pinghu city farmers housing land management measures" (municipal government DecreeNo. fifty-seventh) shall be abolished at the same time.