Shenzhen urban renewal project is basically organized and implemented in accordance with the provisions of major documents such as the "Shenzhen Urban Renewal Measures", "Shenzhen Urban Renewal Measures Implementation Rules", "Shenzhen Urban Renewal Unit Planning Plan Application Guidelines (Trial)", "Urban Renewal Unit Planning Approval Operation Rules", and related supporting policies. The operating procedures of different projects will be somewhat different, and there are also some differences in each district, but the main line of the operation process is basically the same.
1. Solicitation of renewal intentions and plan declaration
(I) Preparation work
According to the "Shenzhen Urban Renewal Unit Planning Plan Application Guidelines (Trial)", the plan application of urban renewal project must meet the following three conditions at the same time:
(1) Comply with relevant planning and control indicators;
(2) The proportion of legal land use in demolition and reconstruction urban renewal projects must reach more than 60% (more than 50% of comprehensive remediation projects);
(3) The willingness to update meets the corresponding requirements.
For the current urban renewal projects in Shenzhen, most of them cannot meet the above three conditions at the same time. Therefore, preliminary preparations for project plan application are required to encourage the project to meet the above application conditions.
Specific ideas are:
(1) For update projects that do not match the planning, planning research should be carried out in advance and planning adjustments should be applied. The project can also be included in the update plan first and then adjusted when the update unit plan is prepared. A local real estate enterprise in Shenzhen is to coordinate the area to increase the bargaining chips in the special planning stage;
(2) For projects with insufficient legal proportion, non-agricultural land (or land acquisition and return land) indicators are usually used to cover it, or further improve the procedures for "two regulations" and registration of historical land within the scope (it is understood that the "two regulations" have been stopped from accepting business, and some areas of the "new three regulations" have been completed, and after the next implementation details are issued, they are classified and processed), or technically adjust the scope of demolition, that is, adjust the "denominator";
(3) For projects that have not achieved the intention to update, the owners of each category will be solicited separately according to the application requirements.
For the above Article (2), if the non-agricultural construction land (or land acquisition and return land) indicator is used to meet the legal land use ratio of the project to reach 60% or more, the joint-stock cooperative company must hold a shareholders' meeting to vote and notarize it. Before the shareholders' meeting, sufficient communication must be made with the joint-stock cooperative company to determine the cooperation methods, including the number of indicators, rights and obligations, and compensation methods. According to the requirements of the street office, asset appraisal, project feasibility study and other work are also required, and the street collective asset office must be filed as required. The shareholders' meeting is notarized, and the notarization office must send personnel to notarize on the spot and issue a notarization certificate.
For the above Article (3), the willingness to renew urban renewal projects must meet the corresponding requirements:
1 and single plots must be consented by the right holder who accounts for more than 2/3 of the total area of the building and more than 2/3 of the total number;
2, urban villages, old house villages, original rural collective economic organizations and original villagers are demarcated according to law The built area formed outside the scope of non-agricultural construction land must be voted and approved by the shareholders' meeting or shareholder representative meeting of the successor unit of the original rural collective economic organization; or by the consent of the right entity that accounts for more than 2/3 of the total area of the building and more than 2/3 of the total number of people, and by the consent of the successor unit of the original rural collective economic organization;
3 and plots, the area of the agreed application for demolition and reconstruction accounts for 4/5 of the land area for the demolition scope. For multiple plot projects, the premise is that each plot must first meet the "Double 2/3" requirements, and then agree to apply for demolition and reconstruction of the plot to account for 4/5 of the land area for the demolition scope. Therefore, the owners of each plot need to be solicited separately.
For collective properties, a shareholders' meeting can be held in accordance with the above requirements to vote and agree to urban renewal; for private properties, priority is given to the solicitation of owners with legal property rights. If the wish requirements are still not met, further solicitation of the wishes of the owner without legal property rights is required. The joint-stock cooperative company must come forward to conduct solicitation of willingness after confirming the property rights, and ultimately meet the solicitation of the wishes of multiple plots.After the
project meets the above three application requirements, it can organize the materials and make plans to apply according to the requirements of the application guidelines.
(II) Convene a shareholders' meeting
According to the above preliminary work analysis, projects involving land use in urban villages have multiple matters that require a shareholders' meeting when applying for the plan. In order to reduce the workload, the above work can be merged, such as non-agricultural cooperation voting, updating willingness voting, etc. In actual work, the "Framework Cooperation Agreement" can be signed with the joint-stock cooperative company and passed it at the shareholders' meeting. Therefore, the Framework Cooperation Agreement generally includes update intentions, non-agricultural cooperation, cooperation methods and work funds, vote on previous matters and make arrangements for later work.
The voting content of a shareholders' meeting generally includes:
(1) Agree to urban renewal of the project area and collective properties within the area;
(2) Agree to cooperate with the corresponding non-agricultural indicators of the joint-stock cooperative company in urban renewal project, and agree to the cooperation methods and compensation methods determined by the two parties to the cooperation;
(3) Agree to sign the "Framework Cooperation Agreement" and cooperate with the follow-up work in accordance with the agreement;
(4) Determine the project application entity.
Since multiple matters have been merged, the above voting content and details need to be in-depth communication and consultation with the shareholders' representatives before the shareholders' meeting. Pre-voting can be conducted if necessary to ensure the smooth convening of the shareholders' meeting. On the day of the shareholders' meeting, the solicitation of shareholders' private property wishes can be carried out at the same time.
(III) Solicitation of private property wishes
Fully mobilize the enthusiasm of joint-stock cooperative companies, and let shareholders and owners cooperate in the solicitation of private property wishes. Priority will be given to the solicitation of the wishes of factory enterprises and private owners with legal land use or real estate procedures (including land transfer contracts, land use rights certificates, historical legacy handling decisions, two-standard certificates, etc.). If the declaration requirements are still not met, the wishes of factories and private owners without legal land use or real estate procedures need to be further solicited.
2. Property surveying and mapping
Property surveying and mapping is to obtain building data as the basis for later demolition negotiations and formulating compensation standards. It can be carried out simultaneously with information collection, solicitation of willingness and rights confirmation. With the cooperation of joint-stock cooperative companies, collective property surveying and mapping work for joint-stock companies can be carried out in advance, and the surveying and mapping work for collective external property and private property can be carried out with the conditions.
The overall idea is as follows:
Step 1, first check the scope of the collective and the current status and construction area of the collective property, providing a basis for the cooperation framework agreement and shareholder meeting voting;
Step 2, check the properties of the leading cadres of the joint-stock company and the owners who support the transformation, solicit and confirm the rights, to prevent illegal additions in the future;
Step 3, do a good job in the work of other owners, and conduct property surveying and mapping at the same time, obtain more accurate data, and ensure that the requirements for project establishment are met;
Step 4, survey and mapping the properties of the remaining owners who do not affect the declaration requirements, and promote later project demolition negotiations.
takes advantage of the opportunity to obtain various information on project establishment, establish an owner's information database, and provide preliminary guidance and preparation for the development of demolition negotiations. In order to prevent duplicate work and improve work efficiency, property surveying, solicitation of willingness, and rights confirmation can usually be carried out simultaneously to reduce project progress and save various expenses.
3. Prepare urban renewal unit planning
Hire qualified planning and design units to prepare project renewal unit planning, communicate in-depth with the planning and land department, and submit it for review to obtain approval indicators that are beneficial to the company. The special plan for the
update unit is first pre-examined and publicized by the district land and land department. After the announcement is completed, it will be submitted to the Municipal Renewal Office for review and submitted to the Technical Meeting of the Planning and Land Planning Commission for Review and the Environmental Construction Commission for Review. Announcement will be made after review.
4. Demolition negotiations and compensation and resettlement
Demolition negotiations can be carried out while updating the unit plan and submitting review.The demolition compensation for collective properties can be clarified in the "Framework Cooperation Agreement" according to market standards. For personal property demolition compensation, a "Demolition Compensation and Resettlement Work Plan" must be formulated, and a unified and reasonable demolition compensation standard and temporary resettlement method are determined according to the property category and market level.
(I) If the property rights and area of the house is confirmed by
If the original villagers within the demolition area have obtained a real estate rights certificate, they must issue a valid original real estate rights certificate to confirm the property rights of the house. If a real estate right certificate has been obtained, it shall be confirmed based on the building area stated in the real estate right certificate.
If the original villagers within the demolition area fail to apply for a real estate rights certificate, they must issue valid land use certificates and legal construction application procedures to confirm the property rights. If the real estate rights certificate has not been obtained, the building area shall be confirmed according to the measurement report approved by the government department.
(II) Formulate demolition compensation standards
The "Implementation Rules of Shenzhen Urban Renewal Measures" clearly stipulates three compensation methods, namely monetary compensation, property replacement and a combination of the two. According to the types of buildings: ancestral house, self-built residential, current commercial, office, temporary buildings, unsolicited property management, etc., the compensation method and compensation standards shall be determined, the relocation and resettlement subsidy standards shall be determined, and the collective property income shall be compensated if necessary. At the same time, a certain reward mechanism is determined in the "Demolition Compensation and Resettlement Work Plan" to stimulate the enthusiasm of owners to cooperate.
After signing the "Demolition and Resettlement Compensation Agreement" with all rights holders within the update scope, they will form a single right subject of the project and apply to the district old renovation department to confirm the qualifications of the project implementation subject. At the same time, they will sign the "Project Implementation Supervision Agreement" with the district old renovation department and pay the project deposit.
5. Land use rights transfer
Confirm the project implementation entity, after completing the demolition of the building, promptly cancel the original real estate certificate within the project scope, sign a "land expropriation and transfer compensation agreement" with the district planning and land department and joint-stock cooperative company, and improve the land expropriation and transfer procedures. Then apply to the planning and land department for land use approval for renewal projects. After approval, the district planning and land bureau shall apply to issue the "Construction Land Plan" and "Construction Land Planning Permit", and conduct land price calculations. After paying the land price and related fees, sign the " Land Use Right Transfer Contract " and promptly apply for the "Real Estate Certificate" to carry out project financing.
6. Construction land development reporting
After the urban renewal project signs the "Land Use Rights Transfer Contract", it will carry out development and construction in accordance with the normal land development reporting process. Mainly include the following nodes:
(1) Development and Reform Department handles social investment project approval;
(2) Environmental protection department handles environmental impact assessment of construction projects;
(3) Construction project plan design approval;
(4) Fire protection design and civil defense approval approval;
(5) Water affairs department handles urban drainage permit;
(6) Planning and land department handles construction project planning permit;
(7) Construction project start line inspection;
(8) Construction project construction permit;
(9) Transfer of public facilities and affordable housing;
(10) Pre-sale surveying and mapping of real estate;
(11) Signing a pre-sale payment supervision agreement;
(12) Planning and land department issue real estate pre-sale license;
(13) Project completion survey;
(14) Construction project completion acceptance and filing;
(15) Real estate pre-sale contract filing;
(16) Initial registration of real estate;
(17) Secondary transfer registration of real estate
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