Policy Interpretation of Provisions on Examination and Approval of Land for Demolition and Reconstruction Urban Renewal Projects in Shenzhen (Press Release)

　　I. Policy background

　　In 2016, the city implemented the decentralization of urban renewal and strong areas. According to the Decision of Shenzhen Municipal People’s Government on Implementing the Reform of Urban Renewal (Order No.288 of Shenzhen Municipal People’s Government) (hereinafter referred to as Order No.288) and the Decision of Shenzhen Municipal People’s Government on Deepening the Reform of Planning Land System and Mechanism (Order No.298 of Shenzhen Municipal People’s Government) (hereinafter referred to as Order No.298), the examination and approval authority of urban renewal projects and the implementation plan of agricultural conversion involved are adjusted to district governments (including new ones) Under the new situation of decentralization in strong areas, in order to do a good job of linking up the work among provinces, cities and districts after the reform, better guide and standardize the examination and approval of land for urban renewal projects of demolition and reconstruction, and improve the efficiency of examination and approval, the Provisions on the Examination and Approval of Land for Urban Renewal Projects of Demolition and Reconstruction in Shenzhen (hereinafter referred to as the Provisions) is formulated in combination with the relevant provisions of the state, provinces and municipalities on land management, which serves as the basis for urban renewal agencies in various districts to examine and approve the implementation plan of land for urban renewal projects and the conversion of agricultural land.

　　Second, the main content

　　The "Regulations" consists of nineteen articles, the main contents of which are as follows:

　　(A) on the scope of application of the policy

　　The "Regulations" apply to the examination and approval of the implementation plan for the development and construction land and its agricultural land conversion.

　　(B) on the division of land use approval authority

　　According to Decree No.288 and its implementation opinions and Decree No.298, the municipal competent department of planning and land is the competent department of urban renewal business, responsible for the policy formulation and business guidance of the implementation plan for the development and construction of land and its agricultural land conversion, and summarizes the examination and approval of each district every six months and reports it to the municipal government; The district government is responsible for the examination and approval of the implementation plan for the development and construction of land and its agricultural land conversion; The urban renewal agencies in each district are responsible for the specific examination and approval work, and the relevant departments do a good job of cooperation within the scope of their duties.

　　(3) About the scope of land use approval

　　Urban renewal projects are based on the scope of project demolition defined by urban renewal unit planning, and land use approval is carried out according to the phased implementation timing determined by urban renewal unit planning. The "Regulations" distinguish four situations, which involve staging but not project implementation, not involving staging but sub-project implementation, sub-project implementation by stages, and sub-project implementation by stages, and clarify the units that approve the development and construction land. If a whole area contains a number of development and construction land, all development and construction land shall go through the formalities of land use examination and approval at the same time, and the subsequent procedures shall go through the formalities of signing the land use right transfer contract at the same time.

　　(four) on the land application materials and approval conditions.

　　In accordance with the Decision of the Ministry of Land and Resources on Amending the Administrative Measures for the Examination and Approval of Construction Land, the Notice of the Guangdong Provincial Department of Land and Resources on Implementing the Opinions of the State on Improving and Optimizing the Pre-examination and Review of Construction Projects, and the Notice of the Shenzhen Municipal Planning and Land Resources Committee of the Shenzhen Municipal Finance Committee on Further Defining the Payment Process of Paid Use Fees for New Construction Land, The Reply on Approving to Authorize the Shenzhen Municipal People’s Government to Exercise Relevant Land Management Authority, the Measures for Urban Renewal in Shenzhen and its detailed rules for implementation, and in combination with the provisions of relevant policies such as prevention and management of geological disasters, investigation and evaluation of soil environment, the Provisions clarify the application materials and conditions for examination and approval of development and construction land and its implementation plan for agricultural conversion.

　　(five) on the development and construction of land involved in the approved land without construction.

　　Linked to the Detailed Rules for the Implementation of the Measures for Urban Renewal in Shenzhen and the Technical Regulations for the Planning and Compilation of Urban Renewal Units for Demolition and Reconstruction in Shenzhen (hereinafter referred to as the Technical Regulations for the Planning and Compilation of Renewal Units), the Regulations stipulate the work of this situation in the stages of urban renewal unit planning approval, project implementation subject confirmation, cancellation of real property right certificate, land use approval and land transfer from the perspective of land use approval. Following the principle of equal area, equal period, equal development intensity and other functions, the area, use, plot ratio, transfer period and start date of the vacated land shall be implemented according to the agreement in the transfer contract of the land use right of the vacated land.

　　(six) the situation that the urban renewal unit contains overhead corridors, cross-street buildings or underground spaces.

　　The "Regulations" are linked with the "Technical Regulations on Updating Unit Planning", and the applicants, departments and procedures for land approval for public overhead corridors and public passages outside the scope of development and construction land are defined. At the same time, the "Regulations" clarify that the horizontal projection range, area and vertical elevation of overhead corridors, cross-street buildings or underground spaces should be clear when the construction land is approved. However, considering that it is difficult to define the specific spatial location in the stage of land use approval, the Regulations propose that in the stage of construction project planning permission, the horizontal projection range, area and vertical elevation can be appropriately adjusted according to the urban renewal unit planning and relevant standards and specifications, and a supplementary agreement on the land use right transfer contract can be signed, so it is not necessary to re-apply for construction land approval.

　　(seven) on the phased implementation of urban renewal units, there is a lack of legal land use indicators within the scope of later project demolition.

　　Urban renewal unit planning takes urban renewal unit as a unit for overall planning, and there may be insufficient legal land use indicators within the scope of later project demolition in urban renewal units implemented by stages. In this case, if the legal land use index of the later project is insufficient, the legal land use index of the signed land use right transfer contract can be used to exceed the area of the transferred development and construction land. When there are many kinds of land use categories beyond the legal land use index, they shall be used in the order of land price calculation.

　　(eight) on the urban renewal project involving non-agricultural construction land and illegal construction land left over from the history of rural urbanization.

　　In accordance with the principle of respecting history and safeguarding the rights and interests of the original rural collective, and according to the order of demarcation of non-agricultural construction land, the Regulations respectively stipulate different treatment principles for non-agricultural construction land before and after the disposal of illegal construction land left over from rural urbanization history.

　　(nine) on the situation that the urban renewal project involves the overlapping of non-agricultural construction land and old house village land.

　　For non-agricultural construction land and the old house village land overlap, the overlapping part is treated as non-agricultural construction land, and the old house village land is not included in the legal land use index; The overlapping part is treated as the land used in the old house village, and the non-agricultural construction land can be separately included in the legal land use index within the scope of demolition, and there is no need to adjust the non-agricultural construction land plan.

　　(ten) on the time limit and procedures for land use approval.

　　Combined with the relevant provisions of the administrative license, the time limit for examination and approval of development and construction land is 20 working days. The approval procedure is as follows:

　　Figure 1 Flow chart for approval of development and construction land

　　(twelve) land transfer and non-agricultural construction land index verification.

　　Urban renewal unit planning determines that the land to be handed over to the government free of charge should be handed over before the signing of the land use right transfer contract for urban renewal projects. Urban renewal projects involving non-agricultural construction land within the scope of demolition, the district urban renewal agencies shall notify the municipal competent department of planning and land to send agencies within the jurisdiction to write off non-agricultural construction land indicators before the signing of the land use right transfer contract for urban renewal projects.

　　(thirteen) the time limit and procedures for the approval of the implementation plan for the conversion of agricultural land.

　　If the development and construction land of the project involves the occupation of agricultural land and unused land, the implementation plan for the conversion of agricultural land shall be formulated by the district urban renewal agency and submitted to the district government for approval simultaneously with the development and construction land. The procedure is as follows:

　　Fig. 2 Flow chart for approval of implementation scheme of agricultural conversion

　　(fourteen) on the use of land use planning indicators.

　　Before compiling the implementation plan of agricultural land conversion for renewal projects, the district urban renewal institution shall solicit the opinions of the agencies dispatched by the competent department of city planning and land administration, and clarify the sources of new construction land indicators. The dispatched offices of the municipal competent department of planning and land shall, according to the reply issued by the district government, do a good job in the ledger management of the indicators of agricultural conversion in the jurisdiction, and report to the municipal competent department of planning and land regularly for summary as required.

　　(15) Information disclosure

　　After the district government issues the approval of construction land and the approval of the implementation plan of agricultural conversion, the district urban renewal institution shall make the approval of land use and the implementation plan of agricultural conversion public at the project site and portal website respectively.

　　(XVI) About the effective date.

　　The Regulations shall come into force as of the date of promulgation.