Notice of the General Office of Guangzhou Municipal People’s Government on printing and distributing the detailed rules for the implementation of Guangzhou’s in-depth promotion of urban renewal

Notice of the General Office of Guangzhou Municipal People’s Government on Printing and Distributing the Implementation Rules for Further Promoting Urban Renewal in Guangzhou Sui Fu Ban Gui [2019] No.5 Notice of the General Office of Guangzhou Municipal People’s Government on Printing and Distributing the Implementation Rules for Further Promoting Urban Renewal in Guangzhou District People’s governments, municipal government departments and directly affiliated institutions: The Implementation Rules for Further Promoting Urban Renewal in Guangzhou has been approved by the Municipal People’s Government and are hereby printed and distributed to you. Please implement it carefully. Problems encountered in the implementation, please reflect the radial city housing and urban construction bureau. General Office of Guangzhou Municipal People’s Government On April 18, 2019, the detailed rules for the implementation of Guangzhou’s in-depth promotion of urban renewal are formulated in order to implement the Notice of Guangdong Provincial Department of Land and Resources on printing and distributing the implementation opinions on in-depth promotion of the "three old" transformation work (Guangdong Land and Resources Zi [2018] No.3), accelerate the urban renewal work, and combine with the actual situation of our city. First, adhere to the planning and guidance, and promote urban renewal in an orderly manner (1) Land and space planning should strengthen the strategic guidance of urban development, coordinate the layout of production, life and ecological space in accordance with the requirements of "multi-regulation integration" and "a game of chess" in the city, implement key tasks such as urban renewal, and give priority to ensuring land demand for major projects; Urban renewal construction planning and action plan should be based on the land and space planning, reasonably delimit the scope of key areas of urban renewal, actively lead the renewal and transformation in pieces, and guide the orderly advancement of urban renewal projects. Second, dynamically adjust the database of "three old" transformation plots (second) dynamically adjust the database of "three old" transformation maps, and adjust it once every quarter.Key government projects can be adjusted in real time. City Housing and Urban-Rural Development Bureau shall report to the Provincial Department of Natural Resources for the record before the end of December each year. The time for building the database and completing the procedures for improving historical land use included in the "Three Old" transformation map is before December 31, 2009. The data declaration uses the 2000 National Geodetic Coordinate System in a unified way, and all relevant departments cooperate to share basic data. III. Promoting the comprehensive renovation of old villages (III) If the comprehensive renovation project of old villages cannot achieve the balance of funds due to the restrictions of land use and planning conditions, the district government (Guangzhou Airport Economic Zone Administrative Committee) can integrate other land within the ownership of the village that conforms to the overall urban planning and land use planning as the land for resettlement and public welfare facilities, incorporate it into the renovation of old villages by agreement or allocation, and make overall balance in the whole region through government subsidies, resettlement in different places, compensation for plot ratio in different places, etc. City key projects can be balanced in the city as a whole. (4) Optimizing the cost accounting of transformation. The actual cost increase involved in the comprehensive transformation of old villages, such as soil environment investigation, evaluation and treatment, land price evaluation, land survey and demarcation, land transfer fee calculated at the time of examination and approval (using independent transformation and cooperative transformation mode) and demolition reward (listed separately from unforeseen expenses), is included in the transformation cost. In principle, the demolition reward shall not exceed 3% of the renovation cost. The reconstruction cost accounting of specific projects shall be determined by the district government (Guangzhou Airport Economic Zone Administrative Committee). The transformation cost belongs to the dynamic adjustment project, which is dynamically adjusted by the Municipal Housing and Urban-Rural Development Bureau on an annual basis. (5)Encourage the transformation of old villages to adopt the method of purchasing houses first and then repurchasing them to implement compensation. For the transformation by means of government expropriation, the expropriation subject can purchase the villagers’ existing legal houses (including houses that meet the compensation policy of "three old" transformation) according to the market evaluation price, and the villagers (registered population) can buy back the houses according to the standard of per capita construction area of 50 square meters and the construction and installation cost; If the signing of the contract is completed within the specified time, the buyback housing reward can be given according to the per capita construction area of the villagers (registered population) of the village not higher than 25 square meters. The village collective property is shared by the villagers according to their shares. The purchase price is determined by the district government (Guangzhou Airport Economic Zone Administrative Committee) after studying the actual situation. (VI) For the old villages that have been transformed independently and in cooperation with relevant units, the village collective economic organizations or their wholly-owned subsidiaries, cooperative companies established by the village collective economic organizations and publicly selected market entities, or the village collective economic organizations and publicly selected cooperative entities agree to be the development and construction unit as the transformation subject, and the acquisition compensation can be implemented with reference to the provisions of Article 5 of these Detailed Rules. The purchase price is evaluated by the third party entrusted by the transformation subject, and is determined after being reported to the district government (Guangzhou Airport Economic Zone Administrative Committee) for study. Village collective economic organizations need to apply for all the collective construction land within the scope of transformation into state-owned construction land according to regulations. (seven) the resettlement houses in the old village comprehensive renovation project can be included in the shantytown renovation plan, and the administrative fees and government funds such as urban infrastructure supporting fees are exempted. (eight) standardize the comprehensive transformation of old villages and introduce cooperative enterprises to attract investment.If the review by the urban renewal department of the district conforms to the policy, the village collective economic organization will invite investment through the Guangzhou public resource trading platform or the district "three-capital" platform to determine the cooperative enterprise. (9) If the original land owner applies for the "three old" land for self-transformation, and the land is provided by agreement, the land transfer fee shall be paid at 70% of the market evaluation price of the new planned use when the land is used for compensation. There is no need to pay the land transfer fee for the "industrial to industrial" project, except M0 land (new industrial land). (10) If scientific research, education, medical care and sports institutions use their own land for urban renewal and transformation, they shall pay the land transfer fee according to Article (7) of the Guangzhou Municipal People’s Government’s Implementation Opinions on Improving the Level of Urban Renewal and Promoting Economical and Intensive Land Use (Sui Fu Gui [2017] No.6). (eleven) "three old" land to develop new industries (that is, M0 land), in accordance with the relevant provisions of the city M0 land. (12) If the transformation of the old factory is taken back by the government and changed to residential or commercial service facilities and other business land, the compensation can be calculated at a rate not higher than 60% of the public transfer transaction price or the market evaluation price of the new planned use if the gross floor area ratio of residential land is below 2.0 (inclusive) and the gross floor area ratio of commercial service facilities is below 2.5 (inclusive). For the part where the gross floor area ratio of residential land is more than 2.0 and the gross floor area ratio of commercial service facilities is more than 2.5, the compensation shall be calculated according to 10% of the public transfer transaction price or the market evaluation price of the new planned use. (thirteen) in addition to article (twelve) of these rulesUnder the circumstances specified in Article, if the original land owner of the old factory applies for the government to recover the whole land, the compensation can be calculated at 50% of the market evaluation price of commercial use with the gross floor area ratio of 2.5 in the same lot. If the original land owner and the land reserve institution complete the land handover within 12 months after signing the land resumption agreement, they can be rewarded according to 10% of the above-mentioned commercial use market evaluation price. (fourteen) the validity of the market appraisal price shall be implemented in accordance with the provisions of the "Regulations on Urban Land Valuation". The payment method of compensation shall be negotiated by the land reserve institution and the original land owner. If the original land owner chooses to share it after public transfer, in principle, the advance compensation shall not exceed 60% of the benchmark land price for the new planned use. (15) where the "three old" self-transformation belongs to a business project (except "industrial transformation"), the original land owner shall use not less than 15% of the land area of the project for the construction of urban infrastructure, public service facilities or other public welfare facilities, and the main body of the transformation shall be handed over to the receiving department designated by the government free of charge after completion; Involving municipal roads, with the consent of the district government (Guangzhou Airport Economic Zone Administrative Committee), it can be transferred to the government free of charge after being demolished by the transformation subject. There is no need to pay the land transfer fee for the transferred land. According to the regulatory detailed planning, if the area of public welfare land mentioned in the preceding paragraph is less than 15% (including the area of the reconstructed land is too small to provide effective public welfare land), the construction area of the insufficient land will be calculated according to the volume ratio of the regulatory detailed planning approved by the government (the average gross volume ratio of the whole land), and the average price of the housing market on the state-owned land of the whole land will be evaluated according to the procedures for paid land use (excluding land transfer fees).The converted land price shall be included in the scope of land transfer fees payable and turned over to the finance. (16) The original land owner shall use the public welfare land involved for the construction of urban infrastructure, public service facilities or other public welfare facilities in accordance with the regulatory detailed planning, and transfer the main body of the transformation to the receiving department designated by the government free of charge after the completion; Involving municipal roads, with the consent of the district government (Guangzhou Airport Economic Zone Administrative Committee), it can be transferred to the government free of charge after being demolished by the transformation subject. There is no need to pay the land transfer fee for the transferred land. V. Promoting the renovation in pieces (17) For the renovation project of the old city in pieces, with the consent of more than 90% of the households (or owners) within the renovation scope, the government (Guangzhou Airport Economic Zone Management Committee) will be the main body of expropriation on the premise of determining the development and construction conditions, and the demolition work and the land use right to be renovated will be determined by means of bidding, etc. After the demolition compensation is completed, a land use right transfer contract will be signed with the main body of renovation. (18) The construction land and current buildings that have not been included in the map database within the scope of contiguous transformation can be reasonably compensated in combination with the urban renewal ("three old") policy. The agricultural land and unused land involved shall be handled in accordance with relevant regulations. (19) Land replacement can be carried out for contiguous renovation projects in accordance with the principle of "equal value, voluntary mutual benefit and voucher replacement", including land replacement between collective construction land and collective construction land, and between state-owned construction land and state-owned construction land. Six, promote urban renewal and micro transformation (20)Urban renewal and transformation should combine the strategic planning of urban development, adopt micro-transformation, highlight local characteristics, pay attention to cultural inheritance and root vein continuation, pay attention to the improvement of human settlements, and promote urban renewal in a refined way. The micro-reconstruction of old villages should pay attention to the protection of historical culture and natural ecology, improve the living environment and promote the integrated development of urban and rural areas. The micro-reconstruction of old towns should pay attention to eliminating hidden dangers of residential safety, improving living facilities and improving the quality and function of old towns; For historical and cultural blocks and outstanding historical and cultural buildings, we will carry out protective renovation in strict accordance with the principle of "repairing the old as before and building the new as before". Micro-renovation of old factories should focus on industrial transformation and upgrading, land conservation and intensive use, fully mobilize the enthusiasm of land owners, encourage the development of modern industries such as finance, culture and education, pension, sports and headquarters economy, and promote the high-end development of industries. Vii. Increase the support for urban renewal projects (21) Promote decentralization of power, and entrust the approval right of urban renewal area planning scheme and renewal project implementation scheme that meet the regulatory detailed planning to the district governments (Guangzhou Airport Economic Zone Management Committee) for implementation according to procedures. The approval authority for regulatory detailed planning and adjustment of renewal projects outside key areas such as one river, two banks, three belts, two sides of main roads in key cities, key functional areas, 54 square kilometers of old urban areas, important ecological control areas, historical and cultural blocks, famous villages and towns, and the surrounding areas of immovable cultural relics is entrusted to the district governments for implementation according to law and procedures. Huangpu District, Nansha District, Zengcheng District and Guangzhou Airport Economic Zone shall be handled in accordance with the relevant provisions that have been delegated or entrusted by the municipal government. (22)Old villages with strong villagers’ willingness to transform and meeting the conditions of comprehensive transformation can also apply for comprehensive transformation if they have completed minor transformation. (twenty-three) state-owned enterprises to use their own stock of land to build rental housing, according to the urban renewal ("three old") policy can be agreed to sell, the payment of land transfer fees in accordance with the provisions of Article (9) of these rules. Involving the transfer of public welfare land, it shall be handled in accordance with the provisions of Article 15 of these Rules. (twenty-four) the village collective economic organizations can use collective construction land (including land reserved for village economic development) and rebuild collective property land to build rental housing. (twenty-five) urban renewal projects involving the payment of land transfer fees can be paid in installments, the proportion of the first payment is not less than 30%, and the balance will be paid within 1 year. Eight, accelerate the improvement of historical land procedures (twenty-six) accelerate the improvement of historical land acquisition procedures such as "industry to industry" and "industry to business". The land originally acquired by way of allocation and after completing the procedures for the collection of historical land, which involves the supply by way of agreement transfer, shall be paid the land transfer fee at 40% of the market evaluation price of industrial use in the same lot at the time of handling the procedures for the paid use of land, and the land for "industrial reform" shall be paid the land transfer fee according to the provisions of Article 9 of these Detailed Rules. Involving the transfer of public welfare land, it shall be handled in accordance with the provisions of Articles (15) and (16) of these Rules. After completing the procedures for the collection of historical land, the land such as "industrial transformation into commercial housing" or "industrial transformation into other public facilities" (except for the transformation of old villages) will be collected and stored by the government according to the policy of transforming old factories on state-owned land. (twenty-seven) land that has been approved to improve the procedures for the collection of historical land,With the approval of the renovation plan, the approval procedures for the subsequent construction of land and other projects shall be handled with reference to the provisions of this Municipality’s policy on applying for the use of construction land. Has been approved to improve the procedures for collective construction land, before the transformation, it is necessary to deduct or advance the indicators for the economic development of the village, except for the comprehensive transformation of the old village. IX. Others (28) These Rules shall come into force as of the date of issuance and shall be valid for 5 years. The implementation plan of urban renewal project has been considered by the leading group for urban renewal or the leading group for the transformation of the "three old" in the original city before the issuance of these rules, and it is still within the validity period, according to the policy when the implementation plan is approved; If the validity period has expired, it shall be re-submitted for approval according to the procedures. Disclosure method: voluntary disclosure issued by the Secretariat of the General Office of Guangzhou Municipal People’s Government on April 18, 2019.