In principle, the self-built houses of rural homesteads shall not exceed 4 floors (including 4 floors), and the construction area shall be less than 500 square meters...... Guicheng has issued the latest regulations on self-built houses in rural areas! The following content needs to be read carefully!
Recently, Guicheng Street issued the "Administrative Measures for the Planning and Construction of Individual Self-built Residential Buildings in Rural Homesteads, Guicheng Street, Nanhai District, Foshan City" to further strengthen the planning and construction management of Guicheng Street Homesteads, maintain the order of rural homestead planning and construction management, standardize the use of homesteads, protect the legitimate rights and interests of homesteads of members of collective economic organizations, and accelerate the construction of new rural urbanization in Guicheng Street.
Measures for the Planning and Construction of Individual Self-built Residential Buildings in Rural Homesteads, Guicheng Street, Nanhai District, Foshan City
Chapter I: General Provisions
First in order to further strengthen the management of Guicheng street homestead planning and construction, maintain the order of rural homestead planning and construction management, standardize the use of homesteads, protect the legitimate rights and interests of members of collective economic organizations homesteads, and accelerate the construction of new rural urbanization in Guicheng streets, according to the People's Republic of China Construction Law, Construction Engineering Quality Management Regulations, Guangdong Provincial Urban and Rural Planning Regulations, the Ministry of Construction on strengthening the quality and safety management of village and town construction projects (Jian Zhi [2004] No. 216), "Opinions of the People's Government of Foshan Municipality on Strengthening the Management of Rural Homesteads", "Notice of the People's Government of Nanhai District of Foshan City on Printing and Distributing the Regulations on the Management of Rural Homesteads in Nanhai District, Foshan City" (Nanfu [2022] No. 81), "Notice of the Office of the People's Government of Nanhai District of Foshan City on Printing and Distributing the Implementation Rules for the Construction Reporting and Acceptance Management of Rural Residents' Self-built Residential Buildings in Nanhai District, Foshan City" (Nanfu Ban Han [2018] No. 133) and other relevant provisions of laws and regulations, combined with the actual situation of Guicheng Street, these measures are formulated.
Article 2 The management and use of rural homesteads adhere to planning first, zoning control, intensive economy, in accordance with the principle of "one household, one house", area compliance with strict examination and approval, strict control of increments.
Article 3: Establish and improve community homestead planning and construction management organizations, and consolidate the foundation for the planning and construction management of rural homestead grassroots autonomy.
Fourth in the scope of my street for new construction, addition, demolition of the old and construction of new rural residences, involving new land or land use red line changes, should obtain the "rural homestead land approval"; Construction can only start later.
Article 5 The application for new construction, addition, demolition of old and new homesteads within the jurisdiction of the sub-district and the construction of individual self-built houses must meet the planning control requirements of the "prohibited and restricted areas" of the Nanhai District.
Chapter II: Community self-management
Article 6: Each community neighborhood committee shall, in accordance with the provisions of the relevant laws, regulations and policies on villagers' autonomy, strengthen the management of community homesteads, establish community homestead planning and construction management organizations, and exercise homestead planning and construction management duties.
Seventh community homestead management organizations shall perform the following main duties:
(1) Based on the actual conditions of the community's economic foundation, topography, cultural inheritance, etc., combined with the overall land use plan of Guicheng Street, assist in delineating the scope of rural settlements, and organize the preparation of an integrated village development plan that integrates the overall land use plan at the village level, the village plan and the ecological environment plan.
(B) is responsible for the development of the collective economic organization of the homestead and rural housing comprehensive management of the autonomous convention, voted by the collective economic organization members of the general assembly, reported to the sub-district office for the record to be promulgated and implemented.
(3) Responsible for the mediation of disputes over the ownership and planning and construction of rural homesteads within their jurisdiction, resolve conflicts in a timely and effective manner, and effectively maintain social stability.
(4) Responsible for organizing matters related to the construction of community apartments. Formulate community apartment construction plans, project approval, construction and follow-up supervision.
(E) to perform the daily management of homestead planning and construction. Review the application for homestead planning and construction, organize the construction line, be responsible for the supervision of the daily quality and safety of the self-built house of the homestead and the supervision of civilized construction, assist in the acceptance of the building, implement the resumption of the homestead, and strengthen the review and management of the circulation of the right to use the homestead.
(6) Perform the regulatory responsibility for illegal land use and illegal construction. Strengthen the inspection and supervision of the construction of rural homesteads, and take timely measures to stop the legal approval procedures for obtaining land and planning and construction in accordance with the law, or failing to carry out construction in accordance with the approved content, and report to the relevant government departments for handling.
(7) Responsible for the implementation of the "four on-site" supervision mechanism for rural villagers' residential construction, strictly implement the requirements of "four on-site" requirements for application review, measurement and approval after approval, inspection during construction, and acceptance of residential buildings after completion, and timely discover, stop and report illegal acts.
Chapter III Examination and approval of housing planning and construction
Eighth has been handled for land use certificates, in line with the conditions of one household, can apply to the sub-district office for new construction, addition, demolition of the old and new procedures.
Article 9 Houses with any of the following circumstances shall not go through the formalities of new construction, addition, demolition and construction:
(1) Houses included in the "no-construction zone".
(2) It does not conform to the overall land use plan, urban and rural planning or village planning (or regulatory detailed planning) and other statutory planning circumstances.
(3) Violating relevant laws and regulations, as well as inconsistencies with relevant provincial, municipal, or district provisions.
Article 10 The use of rural homesteads to build residents' self-built residential houses must be designed and constructed in accordance with the requirements of the Guicheng Street Rural Homestead Individual Self-built Housing Planning Technical Regulations (Annex, hereinafter referred to as the "Technical Regulations").
Article 11 The owner or user of the house shall be responsible for the safety of the use of the house.
12th new, additional, demolition of old and new rural housing must be entrusted with qualified design units and construction units for design and construction, application for the construction of rural housing reporting procedures, should be submitted in accordance with the requirements of the sub-district office.
Article 13 The additional house shall be carried out by a qualified design unit, appraisal agency and survey agency for on-site survey and testing, and whether the original building structure of the house can meet the bearing capacity requirements after the addition shall be reviewed, and the review verification certificate, reliability appraisal report, geotechnical engineering survey report, and additional design blueprint shall be provided.
Article 14 New construction, addition, demolition of old and new houses must be carried out in accordance with the examination and approval of the construction drawings, shall not be changed at will; if it is really necessary to modify, the design unit shall be responsible, and submitted to the examination and approval unit, examination and approval before continuing construction.
15th without the approval of the sub-district office, shall not change the nature of the use of buildings (structures), open (block) exterior wall doors and windows.
16th individual housing application by the housing community service center acceptance, with the consent of the community neighborhood committee, the sub-district office review and approval, the relevant construction matters in the community bulletin board and the construction of the housing site publicity, publicity period of 15 working days, publicity no objection, according to the relevant procedures for the construction procedures.
Where there are objections raised by adjacent stakeholders during the publicity period, the community neighborhood committee shall organize mediation by relevant departments and stakeholders.
Chapter IV construction site management
17th construction party (owner) should be obtained from the "rural villagers land to build a house construction report review opinion form" within two years from the date of construction. If the construction cannot be started on time due to special reasons, it may be appropriately extended with the consent of the original approval authority, but the maximum shall not exceed one year. If the construction is not applied for an extension or the construction is not started within the time limit, the original approval document will become invalid.
Article 18 After the application for housing construction is submitted for approval, the staff of the neighborhood committee shall be responsible for the on-site inspection, and the infrastructure construction can only be started after confirming that it is correct.
Article 19 The owner must fulfill the responsibility for quality and safety production, and the safety of the neighboring houses should be investigated and analyzed before the foundation construction, and the construction unit should be urged to carry out the construction in accordance with the relevant construction technology and management requirements during the construction period.
Article 20 The construction unit must hire the project leader and construction personnel with the corresponding qualifications or work certificates to carry out the construction, and the construction process must be strictly in accordance with the drawings, and the structure of the house cannot be changed at will. At the same time, during the construction process, the factory qualification certificate and the entry re-inspection report of steel, cement and other building materials must be retained.
Article 21 The construction enterprise must fulfill the responsibility for the quality and safety production management during the construction of the project:
(1) Before construction, the technical and safety production requirements of the relevant construction workers shall be disclosed.
(2) Implement safety production and quality management at the construction site according to specifications. Regularly arrange full-time technical personnel to inspect the project quality and on-site safety.
(C) with the street construction administrative departments and community neighborhood committees to carry out safety production inspections and inspections, the implementation of safety rectification, to ensure safe production.
Article 22 Requirements for the management of production safety at rural residential construction sites:
(1) Before the construction operation, the construction enterprise shall conduct safety production education and training for the on-site operators. Construction workers must wear safety helmets during operation, safety belts must be worn during high-altitude work, and special operations personnel should be certified to work.
(2) On-site construction electricity must be standardized to set up safety devices, it is strictly forbidden to pull and connect randomly, and construction machinery and equipment should meet the requirements of relevant standards.
(3) High-altitude falling object baffles must be erected at the entrances and exits of the site, the entrances and exits of the construction ladders, and the inlets of vertical transportation.
(4) Before pounding the two-story floor slab or when there is a high-altitude work station (that is, the work station with a fall height datum of more than 2 meters), the construction grid and safety net shall be set up in accordance with the requirements of the current standards.
(5) The scaffold should form a self-enclosed structure along the perimeter of the building, or form a closed structure together with the building, and a safety door or movable protective railing should be set up at the upper and lower material openings.
(6) The self-built housing that has started construction must place the "Project Noticeboard" in a conspicuous place on the site.
Article 23 The owner and the construction unit shall strictly implement the relevant regulations of Foshan City and Nanhai District on the urban management of construction sites, and arrange special personnel to be responsible for the civilized construction management of the construction site. If the temporary stacking point of building materials exceeds the red line of the land, it shall be determined with the consent of the community neighborhood committee and the surrounding residents;
24th owners and relevant participating units must fully cooperate with the street construction, fire protection, safety supervision and other administrative departments and community neighborhood committees to organize production safety law enforcement inspections.
Article 25: Each community neighborhood committee shall set up a regulatory agency and management system within its jurisdiction that is responsible for the management of production safety during the construction of rural housing. Responsible for daily quality and safety inspection and supervision, as well as the coordination and handling of labor disputes, engineering disputes, and safety production accidents. The quality and safety management problems that affect public safety should be promptly informed to the owners for rectification, and reported to the administrative department of street construction for processing.
Article 26 The owner must closely monitor the payment of wages to the workers of the project contractor to ensure that the construction workers receive their wages on time.
27th street construction administrative departments shall, in accordance with the amount of rural housing in the street and related safety production management requirements, regularly organize and carry out rural homestead individual self-built housing engineering quality and construction safety inspections, the number of inspections not less than 1 time per quarter. For the quality and safety problems found in the inspection, the owner and the construction unit should be ordered to implement rectification in a timely manner; if there are many problems or the circumstances are serious, a notice of rectification or suspension of work shall be issued, and the rectification shall be supervised within a time limit.
28th has been submitted for the completion of the construction of rural dwellings, the owner should apply to the sub-district office for completion acceptance for the record.
Article 29 The owner shall go through the completion acceptance record in a timely manner, and obtain the "Rural Homestead and Housing Joint Acceptance Opinion Form" before it can be delivered for use and go through the formalities for the registration of housing property rights.
Chapter V: Oversight and Management and Accountability
30th from the date of issuance of these measures, in the urban planning area, rural residents have not obtained land formalities for construction, by the administrative law enforcement departments in accordance with the relevant provisions of the order to stop construction, fines or demolition.
31st from the date of issuance of these measures, in the urban planning area, rural residents to obtain land use procedures or land certificates but not in accordance with the planning requirements for construction, by the administrative law enforcement departments in accordance with the relevant provisions of the order to stop construction, fines or demolition.
32nd to strengthen the implementation of responsibility, the establishment of homestead assessment system, the management of each community homestead into the responsibility objectives, the results of the assessment as the basis for annual performance evaluation. For communities with chaotic management of individual self-built houses on rural homesteads, promptly order them to make rectifications. Where it is especially serious or the rectification is not in place, the principal responsible person should be held accountable.
Article 33 Where an individual self-built dwelling on a rural homestead commits any of the following acts during the construction period, the relevant functional departments shall order it to make corrections;
(A) without land use approval, rural construction planning permit or construction reporting procedures for unauthorized construction.
(B) beyond the scope of the land use approval or rural construction planning permit for construction.
(3) Carrying out construction without the on-site inspection and confirmation of the staff of the community neighborhood committee.
(4) After the completion of the construction of the rural homestead individual's self-built residence, it is delivered for use without organizing acceptance in accordance with the regulations.
(5) Encroaching on roads, sidewalks, streets and alleys, or fire escapes, encroaching on municipal pipeline control zones or power or communication control zones, or encroaching on rivers, channels, embankments, tidal flats, urban water sources, all kinds of public green spaces, or other public facilities.
(6) Other illegal construction acts that do not meet the requirements of urban management, urban and rural planning, etc.
Article 34 Personnel engaged in homestead management dereliction of duty, abuse of power, favoritism and irregularities shall be given administrative sanctions in accordance with law;
Chapter VI: Supplementary Provisions
Article 35 If these measures conflict with relevant laws, regulations, rules and policies in the implementation, the provisions of laws, regulations, rules and policies shall prevail, and shall be revised in accordance with the provisions of relevant laws, regulations, rules and policies.
Article 36th of these provisions by the Guicheng Sub-district Office is responsible for interpretation.
Attachment: Guicheng Street Rural Homestead Individual Self-built Housing Planning Technical Regulations
1. Number of floors, height and area
(1) The construction area of individual self-built houses in rural homesteads shall be less than 500 square meters in accordance with the calculation rules of the Code for the Calculation of the Construction Area of Construction Projects (GB/T 50353-2013).
(2) In principle, the rural homestead individual self-built house shall not exceed 4 floors (including 4 floors), and the separate staircase with vertical projection area shall not be calculated as the number of floors, and other buildings and structures shall not be built above 4 floors except for the parapet wall and the building (electrical) stairwell, and the height of the stairwell on the roof (including the elevator staircase) shall not exceed 3.6 meters, and the height of each structural layer shall not exceed 4.5 meters, and the mezzanine shall not be allowed.
(3) The height of the building refers to the height from the outdoor floor to the parapet. The total height of individual self-built houses in rural homesteads shall not exceed 15 meters. Water tank rooms, elevator machine rooms, smoke exhaust machine rooms and staircase exit rooms on the roof are not included in the building height. The starting point of the outdoor floor is the elevation of the sidewalk at the main entrance and exit of the plot, and the elevation of the center line of the unmanned sidewalk is calculated. For outdoor floors with two or more entrances at different elevations, the starting point is calculated from the midline of the difference between the two highest and lowest floor elevations. When the building is a sloping roof building with a slope of more than 30 degrees, the building height is calculated from half of the height of the slope top to the outdoor floor.
(4) If the proposed building is within the control range of the aircraft channel or the control range of the microwave channel, and other special plans, it shall be implemented in accordance with the relevant control regulations such as the airport height limit control or the microwave height limit.
(5) The exterior walls of individual self-built houses on rural homesteads shall not exceed the red line of the building, except for balconies that are allowed to float out.
2. Spacing between adjacent buildings
In principle, it is advisable to have a distance of not less than 1 meter between the construction red line of individual self-built residential buildings in rural homesteads (including new construction, addition, demolition of old and new construction) and adjacent residential buildings, and if the direct stakeholders of the neighbors raise objections during the publicity period and cannot reach a consensus, they will be handled by the principle of joint retention of both parties at a drip interval of 1.5 meters, and on the basis of ensuring a distance of at least 1 meter, the first construction and first retreat.
3. Building concessions
(1) The construction of individual self-built houses along high-speed railways, new transportation, subways, highways and urban roads shall comply with the following provisions:
1. No new construction, addition, demolition of the old and construction of the new shall be allowed within 10 meters on both sides of the high-speed railway protection and control range; in principle, no new construction, addition, demolition of the old and construction of the new shall be allowed within 10 meters and 30 meters on both sides of the high-speed railway protection and control range.
2. The protection zone along the new traffic route is divided into a safety protection scope and a special protection area. For new construction, addition, demolition and construction of new construction in the protected area, the construction unit must submit the construction plan and other relevant information to the Nanhai District Rail Transit Protection Office for approval.
3. The protected areas along the subway line are divided into control protection areas and special protection areas. No new construction, addition, demolition of the old and construction of the new within the scope of the special protection zone shall be allowed, and the construction unit shall be required to submit the protection plan of urban rail transit facilities and other relevant materials to the municipal subway protection department for examination and approval.
4. Within 30 meters on both sides of the highway road, no new construction, addition, demolition of the old and construction of the new shall be allowed.
5. In principle, the red line of the building setback road shall not be less than 1 meter.
(2) The demolition of old and new self-built houses within the scope of the blue line of water conservancy shall be controlled in accordance with relevant laws and regulations in principle.
4. Drift (balcony and others)
(A) in the land owner (collective economic organization) agreed, the width of the roadway more than 3 meters under the premise, allowed to exceed the red line of the building, but the width of the drift shall not be greater than one-third of the width of the roadway, and the widest point shall not be greater than 1.5 meters. The sealing part of the floating balcony shall not exceed half of the approved length. The height of the balcony fence should not be less than 1.1 meters.
(2) Rural homesteads and individual self-built houses shall not be allowed to float outside the window sill, and the first floor shall not be floated outside the staircase.
(3) In principle, state-owned self-built houses shall not exceed the red line of land use.
5. Awnings, floating boards, overhangs and other structures
(1) The entrance and exit of the first floor of the individual self-built house in the rural homestead shall be provided with awnings and floating boards, and the width of the floating shall not exceed one-third of the corresponding building spacing, and the upper limit of the width shall be 0.5 meters, and the net height of the first floor of the balcony facing the street shall not be less than 4 meters.
(2) The width of the awnings, floating boards and pipes set up in the spacing of adjacent buildings (except for the entrance and exit of the first floor of the residence) shall not exceed one-third of the corresponding building spacing, and the upper limit of the width shall be 0.3 meters. The width of the eaves on the top floor shall not exceed 0.3 meters.
(3) The parapet wall can be in the form of glass, railings, etc., and the height of the parapet wall shall not be less than 1.2 meters and shall not be higher than 2 meters.
Sixth, the basic treatment
(1) In principle, the building (structure) foundation (including the bearing platform) on the homestead shall not exceed the red line of the land certificate, and shall not exceed half of the adjacent spacing, shall not obstruct the foundation of adjacent buildings, shall not affect the planned and existing underground pipe ditches, greening trees, adjacent foundations, road traffic and other public facilities, and meet the safety distance requirements of underground pipelines.
(2) The height of the foundation must be lower than the height of the roadway.
7. Ancillary facilities
(1) The outdoor steps and scattered water and ramps with a slope greater than 3% of the rural homestead and individual self-built houses shall not exceed the red line of the land.
(2) In principle, the self-built houses of rural homesteads shall be separated from rain and sewage. The roof and balcony should be organized and drained with vertical pipes, and the drainage treatment should be connected according to the designated location. Rural homesteads and individual self-built houses must be set up with three-level septic tanks according to the standard, which can be discharged into the public sewage pipe after treatment.
(3) Chimneys, septic tanks, septic tanks and non-public sand manholes must be located within the red line of the land.
(4) Chimneys, toilets, doorways, window openings, and the location of outdoor air conditioning units should be taken care of in the adjacent houses built first, and they should be resolved through consultation in accordance with the principles of convenient and reasonable life, and not to interfere with the daily life of the neighbors.
(5) The anti-theft net shall not exceed the vertical projection line of the balcony, door and window of the house.
8. Control of farmhouse style
(1) The façade and color treatment of individual self-built residential buildings in rural homesteads should be coordinated and unified with the surrounding environment. Villagers should apply for approval with drawings to build houses, and the design drawings should meet the requirements of rural house style control, and strictly implement the construction according to the drawings and the acceptance system for the drawings.
(2) Rural homesteads and individual self-built residences are not allowed to set up advertising facilities.
(3) The decorative lines of the façade of individual self-built residential buildings in rural homesteads include eaves lines, waist lines, window sill lines, door and window covers, roofs, sunshade arcs, etc., with reference to the requirements of point 5.
9. Guidelines for the construction of green farmhouses
(1) Advocate the construction of green farmhouses and the use of green building materials.
(2) Guide the implementation of relevant standards such as the "Energy Conservation Design Standards for Rural Residential Buildings" and the "Registration Form for the Design Self-assessment and Construction Acceptance of Green Farmhouses in Nanhai District, Foshan City (Trial)".
10. Acceptance criteria
(1) Rural homesteads and individual self-built houses must be built in accordance with the prescribed requirements.
(2) The exterior wall of the building should be painted or tiled.
(3) Ancillary facilities such as doors, windows, stairs and handrails have been installed in the house.
(4) Temporary buildings and fences have been demolished, construction waste has been cleaned up, and scattered slopes have been completed.
11. Mapping specifications and depth standards
The architectural design documents (including electronic files) submitted for review shall comply with the requirements of the "Architectural Drawing Standards" (GB/T50104-2010), the "General Principles of Civil Architectural Design" and other specifications, the design conditions of self-built houses, the corresponding design qualifications, the depth of design drawings submitted for review in Foshan City and the relevant standards for the accounting of planning management indicators, etc., and shall be stamped with the special seal of the design unit and the seal of the registered architect.
When the revised plan is submitted for review, the modification instructions of the previous approval opinions shall be attached one by one.
12. Supplementary Provisions
(A) the content not covered by these technical provisions, should comply with the "General Principles of Civil Building Design", "Foshan City Village Planning Management Technical Regulations" and other national, provincial and municipal laws, regulations, norms and relevant provisions of the requirements.
(2) The use of the parcel is urban residential land, and the land right holder is an individual for the state-owned self-built housing project, with reference to these provisions.
It is related to self-built houses in rural areas, and all neighbors should quickly forward and inform the people around you!
Source: Nanhai District People's Government Network
Editor: Luo Jingwen, Foshan News Network