When defining the renewal units of demolition and reconstruction, there is inevitably a problem of insufficient proportion of legal land, and this problem also exists in a large part of urban renewal projects where the author provides legal services. To solve the problem, we must first understand the problem. Only when we know which land is legal and how to turn it into legal land can we choose solutions according to the specific situation, such as "transferring non-agricultural indicators", "declaring illegal buildings left over from history" and "reducing the area of renewal units". The author combed the relevant policies and regulations in detail, and summarized the related issues of five types of legal land use and other illegal land use disposal as follows:
1
Legitimate state-owned land
Legal state-owned land refers to land with legal land use procedures, including land that has signed a land use right transfer contract and land that has registered real estate rights. This kind of land has a certificate of immovable property rights, and the ownership is clear and easy to distinguish. Most of them are commercial land and old industrial land in the former special zone.
2
Urban village land
The land in the village in the city does not refer to the land occupied by the "village in the city" with low rent and harsh environment in daily life, but refers to the built-up area of non-agricultural construction land reserved for use by villagers and heirs of the original rural collective economic organizations in the process of urbanization in Shenzhen, or the non-agricultural construction land and land returned by land requisition can be written off according to the materials provided by the applicant. Mainly includes:
1. Red line of land used by rural collective joint-stock companies in former special zones (Futian, Luohu, Yantian and Nanshan)
After 1984, hundreds of thousands of migrant workers flooded into Shenzhen Special Economic Zone, prompting a large number of original villagers to use collective land to build private houses for rent. On June 27th, 1986, 1986, the Shenzhen Municipal Government issued the Notice on Further Strengthening the Rural Planning in Shenzhen Special Zone (Shenfu Office [1986] No.411) to investigate and clean up the rural construction.
In practice, the "land red line" held by some villages in the special zone is the land use scope and coordinate map stamped with the red line of the land department, or other supporting documents indicating the ownership and the coordinates of the boundary points. When checking land and building information in urban renewal projects, it can be verified and confirmed in the internal land information registration system.
2. 1993 and non-agricultural construction land designated by Baoan and Longgang District after 2004.
Non-agricultural construction land refers to the Interim Measures for the Administration of Planning Land in Baoan and Longgang District of Shenzhen (hereinafter referred to as "Shenfu [1993] No.283") and the Measures for the Administration of Urbanization Land in Baoan and Longgang District of Shenzhen in order to meet the production and living needs of the former rural collective economic organizations and promote their sustainable economic development.
Non-agricultural construction land is divided into industrial and commercial land, residential land and public facilities land according to the nature of land. The demarcation standard is: the number of households and permanent residents registered by the public security department of each administrative village according to 1993 1 month 1 day, and the industrial and commercial land is per person 100 square meter; Residential land per household 100 square meter, with a construction area of no more than 480 square meters; The land for public facilities is 200 m2/ household.
All districts have issued interim measures for non-agricultural construction land to participate in urban renewal management, and relevant procedures need to be handled in accordance with the prescribed procedures. It is particularly important to note that when developers cooperate with village joint-stock companies to carry out urban renewal projects, they must first verify whether the village joint-stock companies have legally obtained and continuously owned the right to use non-agricultural construction land, as well as the original approved use and area of non-agricultural construction land. And at least ensure that the proportion of legal land is up to standard. The author once met a developer who failed to verify the above information and signed a cooperation framework agreement with the village joint-stock company for 654.38+ 10,000 square meters of land. After investing a lot of money, he found that the legal land was only 6.5438+10,000 square meters, and the village joint-stock company could not provide non-agricultural construction land indicators, which was in a dilemma.
3. Land expropriation and land return
Land requisition and land withdrawal means that the government will return the construction land to the original rural collective economic organizations in order to promote sustainable development after collecting the land owned by the original rural collective in accordance with relevant laws, regulations and policies. Including the land that has been returned from land requisition and the land resettlement to solve the problems left over from land requisition according to relevant documents.
From the establishment of Shenzhen Special Economic Zone to 1988, most of the land acquisition was mainly monetary compensation. However, due to the improvement of land development value and the decrease of land that the original villagers can develop, the original villagers are more and more inclined to compensation and replacement of land acquisition. 1989, Shenzhen promulgated "Several Provisions on Land Expropriation in Shenzhen Special Economic Zone", and put forward the compensation measures for land expropriation and demolition in Shenzhen Special Economic Zone. It was proposed for the first time that according to the size and number of land expropriated villages, a piece of land could be allocated free of charge for the land expropriated units to build commercial and service houses for development and production. 1In July, 1993, Guangdong Province promulgated the Regulations on Land Expropriation in Guangdong Province, which stipulated that "when land expropriation is implemented, the municipal and county land departments should make overall arrangements for the land needed by the land-expropriated units to develop the economy and improve their lives. Generally, the land can be reserved according to 10% of the expropriated land area, which will be used by the expropriated unit in accordance with the regulations. " These documents provide a basis for land expropriation and land return.
From 2000 to 2002, Guangdong Province and Shenzhen successively abolished the old laws and regulations, introduced new laws and regulations, canceled land acquisition compensation and land return, and made it clear that the compensation method was monetary compensation. After 2004, land expropriation compensation mainly dealt with the problems left over from history. September 15, 10, 2065438, 2065438, 20 15, 2065438, 20 16, 2065438, 20 16.
three
Jiuwu village land
The old house village refers to the notice of the municipal government on printing and distributing the Interim Measures for the Administration of Planning Land in Baoan and Longgang Districts of Shenzhen (Shenfu [1993] No.283), which was formed before the implementation, and is still a concentrated residential area of the old (ancestral) houses in the original countryside. Before the implementation of the "Notice", public service facilities such as auditorium, ancestral hall, farmer's market and public toilets have been built to serve the life of the old village and included in the scope of the old village. In accordance with the provisions of the Shenzhen Special Economic Zone on Handling Illegal Private Houses Left over from History, private houses with real estate licenses that have been built before the implementation of the Notice can be included in the scope of old houses and new villages. According to the "Interim Measures" (XII), the application scope of the old house village policy is expanded. "Futian, Luohu, Yantian, Nanshan and other districts have formed a concentrated distribution area of old rural houses (ancestral houses) before the implementation of the Interim Provisions on Rural Urbanization of Shenzhen Special Economic Zone in June 1992, and the relevant policies for urban renewal of old houses villages are applicable."
If there are surveying and mapping results before the implementation of Document No.283 in the identification procedure, the final surveying and mapping results shall be taken as the basis; Document 283 puts forward the scope of surveying and mapping achievements before implementation and those after the earliest implementation. In actual operation, there are also cases where the topographic map of 1994 shall prevail.
four
Relevant land that has been included in the historical issues left over from the registration of real estate rights.
According to the Notice on Printing and Distributing Several Provisions of Shenzhen Municipality on Dealing with the Historical Legacy of Real Estate Registration, Shenfu (2004) 193 and Shenfu (2065 438+00)66, Shenzhen Municipal People's Government's Opinions on Strengthening the Handling of Historical Legacy of Real Estate Registration, the above-ground buildings have obtained planning confirmation documents, land use and land ownership certificates; Or land that meets the requirements of planning confirmation documents and land ownership certificates.
The land used to deal with the problems left over from the history of real estate registration includes: (1) Shenzhen1real estate built or completed before July 1982; (2) Real estate built or completed before1982.8-1988.1in the special zone; (3) Property built or completed before Baoan and Longgang District 1993.7. 14; (4) Before the implementation of Shenfu (2004) 193 on June 2, 2004, the real estate that was approved for pre-sale without approval and actually sold, changed its use, added or super-built; (five) the city and district housing management departments approved the housing reform or the sale of policy housing according to the housing reform policy at that time, and the relevant procedures were not perfect; (6) Real estate that has obtained the house ownership certificate or the real estate substitute certificate, but has not improved the land use or construction procedures.
five
Illegal land left over from history after treatment.
Dealing with illegal land left over from history can be divided into two categories according to different documents:
1.200 1 promulgated the Provisions of Shenzhen Special Economic Zone on Handling Illegal Private Houses Left Over from History and the Provisions of Shenzhen Special Economic Zone on Handling Illegal Buildings Left Over from History (commonly known as the "two regulations"). Illegal private houses and production and operation houses left over from history refer to private houses and production and operation houses built in violation of planning, land and other relevant laws and regulations before the promulgation and implementation of the Decision of the Standing Committee of Shenzhen Municipal People's Congress on Resolutely Investigating and Punishing Illegal Buildings, that is, before March 5, 1999. Houses that meet the treatment conditions of the "two regulations" shall be handled by the land planning commission, construction, public security, fire protection and other government departments, and the property rights shall be confirmed after paying the land price and fines according to the specific conditions of the houses, and the real estate license shall be issued. In practice, the land dealt with by the two regulations should be incorporated into legal land by virtue of the disposal decision and real estate license.
2. According to the Decision of the Standing Committee of Shenzhen Municipal People's Congress on Disposal of Illegal Buildings Left over from Rural Urbanization in 2009 and the Pilot Implementation Measures of the Standing Committee of Shenzhen Municipal People's Congress on Disposal of Illegal Buildings Left over from Rural Urbanization in 20 14 (commonly known as the "new two regulations" or "three regulations"), the illegal land left over from history was disposed of. Unless the original villagers build illegal residential buildings and illegal residential buildings (commonly known as small property houses) for the purpose of real estate development, there are no serious security risks, which will not seriously affect the city appearance regulations, and will not occupy the land that the state has completed the expropriation and transfer compensation. All kinds of illegal buildings built before June 2, 2009 can be declared, including illegal residential buildings, illegal production and operation buildings, illegal commercial office buildings and illegal public facilities.
The "three regulations" put forward a simple processing procedure for the first time. "For the urban renewal units that have been included in the annual urban renewal plan, the illegal buildings left over from the history that are not demolished or confiscated according to law, the district transfer office will issue the Notice on Simple Handling of Illegal Buildings Left over from the History of Rural Urbanization. After the parties or managers of illegal buildings left over from history pay the land price and fines according to regulations, they are regarded as buildings that have been confirmed in the process of urban renewal. " The "Interim Measures" stipulates that "if the proportion of legal land is less than 60% but not less than 50%, historical illegal buildings within the scope of demolition may apply for simple treatment according to regulations". Therefore, the author believes that the simple treatment of historical illegal land left over from the "Three Regulations" is very worthy of attention, and may become a breakthrough for some urban renewal projects with insufficient proportion of legal land.
The pilot project of "Three Regulations" was implemented in April 20 14 and stopped in June 20 15. The first batch of pilot areas are 1 street and 12 community, including Kengzi Office in Pingshan New District, Xinwei Community in Xili Street in Nanshan District and Shajing Street in Baoan District. However, the summary processing procedure requires that the historical illegal construction should be reviewed by the planning and land department to confirm that it will not seriously affect the current urban planning, resulting in poor trial results. According to reports, there are illegal buildings 1444 left in the history of Yamashita Community, and only 58 buildings have passed the preliminary examination, and only 3 buildings really meet the requirements of the soil regulations department.
After the pilot stopped, the Shenzhen Municipal Government summed up the pilot experience, and in October 20 15438+0 15 10, the "Implementation Measures of the Standing Committee of Shenzhen Municipal People's Congress on the Pilot Decision on Disposal of Illegal Buildings Left over from Rural Urbanization History" (Revised Draft) was formed, which further simplified the simple procedures and no longer needed to be audited by the planning and land departments. After the preliminary examination, it can be handed over to the street office to investigate illegal buildings, which greatly improves the problem of historical illegal construction. Unfortunately, this provision has not yet been promulgated. Interested readers can pay attention to this official WeChat account. After the policy is promulgated, the author will sort it out in time and push it to everyone.
six
Disposal of land with unclear ownership
Interim Measures (11) Perfecting the historical land use policy: For the built-up areas that have not signed the land acquisition (transfer) agreement or have signed the land acquisition (transfer) agreement but the land or buildings have not been compensated, if the land use behavior occurred before June 30, 2007 and the land use procedures are not perfect, the historical land can be disposed of according to the following provisions:
1, the former rural collective economic organization and the receiving unit sort out the economic relations within the scope of land disposal by themselves. When demolishing and rebuilding, the buildings, structures and attachments on the ground shall be demolished and cleaned.
2, the receiving unit should sign an agreement with the government, improve the land acquisition disposal (transfer) procedures, the government will not pay compensation fees.
3. For the demolition and reconstruction project of the general renewal unit, the government will hand over 80% of the land disposal to the receiving unit for urban renewal, and the rest will be included in the government land reserve. In the land handed over to the receiving unit for urban renewal, not less than 15% of the land will be handed over to the government free of charge and included in the land reserve according to the requirements of the Measures and the Implementation Rules.
4. For the demolition and renovation project, the land after disposal can be transferred to the project implementer for development and construction through agreement, and the assessed building area is charged according to the function after renovation and the service life of the land use right (in which 10% is treated as historical land use behavior) and10% of the published benchmark land price standard.
seven
Land requisition and clearing work has been completed.
Land withdrawal refers to the state-owned unsold land that has been sold and compensated, and needs to be included in the demolition scope of urban renewal units due to the implementation of the plan, and the main body of urban renewal projects is responsible for repayment. This part of the land has completed the procedures of land acquisition and transfer, but it has been illegally occupied for various reasons. If it really needs to be included in the urban renewal unit, the developer needs to sort out the economic relations within the land, dismantle and clean the buildings, structures and attachments on the ground by himself, and hand over all the cleared land to the government free of charge. If there is land for repayment in the renewal unit, the area of public land that should be sold can be appropriately reduced in proportion, and 15% of the construction area of the land for repayment can be sold to the implementation subject.
Source: Guangdong Lian Jian Law Firm.