Article 2 These Regulations must be observed in the formulation and implementation of urban planning and in the construction of various projects within urban planning areas.
Nanning urban planning area refers to the urban areas, suburban areas and administrative areas of Nanning that need planning control due to urban construction and development. The specific scope of the urban planning area of Nanning is defined by the Nanning Municipal People's Government in the overall urban planning of Nanning, and the towns within the urban planning area of Nanning are not divided into urban planning areas.
Article 3 Land use and various constructions within a planned urban area must conform to urban planning and be subject to planning management.
Unified leadership, unified planning and standardization shall be implemented in urban planning, and the system of site selection opinions, construction land planning permits and construction project planning permits shall be implemented.
Article 4 Urban planning and construction shall promote economic and social development, improve people's living environment and improve the quality of urban environment, and adhere to the unity of economic benefits, social benefits and environmental benefits.
Article 5 Urban planning and construction must protect cultural relics, historical sites, scenic spots and blocks that represent the traditional features of the city.
Article 6 The Municipal People's Government shall be responsible for the formulation and implementation of urban planning.
The county people's government shall be responsible for the formulation and implementation of the urban planning of this administrative region according to the requirements of the urban planning of this Municipality and in accordance with the prescribed authority.
The municipal planning administrative department is responsible for the city's urban planning and planning management, and may set up an agency according to the needs of the work to be responsible for the city planning and planning management within the designated area.
The competent department of city planning administration of the municipality under its jurisdiction is in charge of the city planning and planning management of the county, and is led by the competent department of city planning administration in business.
Article 7 All units and individuals have the obligation to abide by urban planning, and have the right to report and accuse violations of urban planning. Article 8 The urban planning of Nanning is divided into three stages: overall planning, zoning planning and detailed planning, while the planning of other towns is divided into two stages: overall planning and detailed planning.
Detailed planning includes regulatory detailed planning and constructive detailed planning (including urban design).
Article 9 The overall urban planning of Nanning shall be organized by the Municipal People's Government and submitted to the People's Government of the autonomous region for examination and approval after being examined and approved by the Municipal People's Congress or its Standing Committee, and submitted to the State Council for examination and approval.
Professional planning shall be compiled by the relevant competent departments and incorporated into the overall urban planning after comprehensive balance by the municipal planning administrative department.
The master plan of important towns within the county determined by the master plan of the town where the county people's government is located and the master plan of the city shall be compiled by the county people's government under the guidance of the municipal planning administrative department, submitted to the people's congress at the same level or its standing committee for examination and approval, submitted to the municipal people's government for examination and approval, and reported to the planning administrative department of the people's government of the autonomous region for the record.
The overall planning of other towns in urban areas and counties shall be organized by the town people's government under the guidance of the municipal and county planning administrative departments, and shall be submitted to the municipal and county people's governments for examination and approval after being examined and approved by the town people's congress. The overall planning of other towns in the county shall also be reported to the municipal planning administrative department for the record.
Tenth have a significant impact on the urban layout of Nanning city important lots, important roads on both sides of the construction project, as well as detailed planning without zoning, organized by the municipal planning administrative department, submitted to the Municipal People's government for approval. Detailed planning of important sections determined by the people's government of the autonomous region shall be organized by the municipal planning administrative department and submitted to the people's government of the autonomous region for examination and approval after being audited by the Municipal People's government.
With the consent of the planning administrative department, the detailed planning of construction within 20 hectares can be prepared by the construction unit with urban planning and design qualification according to the design conditions provided by the planning administrative department and submitted to the planning administrative department for examination and approval.
Article 11 All kinds of development zones established in urban planning areas must draw up zoning plans and detailed plans, which should be incorporated into the overall urban planning, and unified urban planning management should be implemented by the planning management department.
The people's governments of cities and counties shall, according to the needs of urban social and economic development, make local adjustments to the approved overall urban planning, and must report to the Standing Committee of the people's congress at the same level and the original examination and approval authority for the record; However, major changes in the nature, scale, development direction and overall layout of the city shall be implemented in accordance with the provisions of Article 9 of these Regulations.
Changes in urban zoning planning and detailed planning must be reported to the original approval authority for examination and approval.
Twelfth city planning should have survey, measurement and other necessary basic information. When preparing a city plan, the relevant units have the obligation to provide the planning basic information to the planning administrative department free of charge.
City survey, planning and design costs should be included in the fiscal year plan.
Thirteenth city and county urban master plan after approval, announced by the people's government of the city or county. Fourteenth construction land must be located in the land use function area determined by urban planning. In areas where urban infrastructure cannot meet the needs and there are no effective measures, we will strictly control the arrangement of new construction and relocation projects; It is forbidden to arrange construction projects scattered along the highway.
Fifteenth construction units or individuals in the use of land, without the consent of the planning administrative department, shall not change the location and boundaries of the construction land planning permit. If it is really necessary to change, it must be approved by the planning administrative department and go through the formalities for change.
Sixteenth planning administrative departments should participate in the formulation of the transfer plan for the right to use state-owned land. The contract for the assignment of the right to use state-owned land must have various planning requirements and drawings, such as the location, scope, nature of planned land, building plot ratio, building density, green rate, parking lot, etc. provided by the planning management department according to the approved detailed planning.
The transfer contract of the right to use state-owned land must be accompanied by the planning requirements and drawings in the original transfer contract.
The transferee of state-owned land use right shall not change the planning requirements in the transfer contract without the consent of the original planning administrative department when developing and operating the land.
Seventeenth urban planning to determine the green space, public land, sports land and school land and other special land, without legal procedures to adjust the planning, shall not change the use.
It is forbidden to occupy urban roads, squares, rivers and high-voltage power supply corridors, and it is not allowed to occupy urban underground pipelines or build buildings (structures) attached to flood levees (walls).
Eighteenth any unit or individual must obey the decision of the people's government of the city or county to adjust the land use according to the urban planning. If it is really necessary to relocate, the people's government of the city or county shall make other arrangements in accordance with the relevant provisions.
Nineteenth construction units in urban planning roads, green belts and rivers and other public land on both sides of the use of land for construction, it should be responsible for a certain area of public land acquisition and demolition costs. After the public land is requisitioned and the ground buildings (structures) are demolished, they will be handed over to the relevant departments of the municipal and county people's governments free of charge for the construction of roads, greening or other public facilities.
Article 20 Mining, sand mining, earth borrowing, water filling and other activities within a planned urban area must be approved by the relevant administrative departments, and may not damage the urban environment or affect the implementation of urban planning. The relevant departments shall obtain the consent of the planning administrative department before approval.
Twenty-first in the urban planning area need temporary use of land, users should apply for temporary construction land planning permit in accordance with the provisions.
Temporary land must be used in accordance with the purposes approved by the planning administrative department, and shall not be used for other purposes or transferred, and permanent buildings (structures) shall not be built. The use period of temporary construction land shall not exceed two years. If it is really necessary to extend the use, the extension formalities must be handled two months before the expiration. When the use period expires or the national construction needs, the user will unconditionally dismantle all temporary facilities, clean up the site and return it to the owner or user of the restored land.
Twenty-second construction projects in any of the following circumstances, it shall apply for construction project site selection opinions and construction land planning permit in accordance with the provisions:
(a) the newly built or relocated units or individuals need to use the land;
(two) the expansion of the site requires the use of land outside the unit;
(three) the need to change the original nature of land use;
(4) Other circumstances that should be applied for according to law.
Twenty-third according to the provisions of the national capital construction procedures, it is necessary to prepare a feasibility study report for the project, and the feasibility study report shall be accompanied by the site selection opinions of the planning administrative department. If the feasibility study report does not need to be submitted for approval, before the construction project is included in the annual fixed assets investment plan, the planning administrative department shall solicit opinions on the site selection of the construction project.
Twenty-fourth in the city planning area construction needs to apply for land, construction land planning permit must be handled according to the following procedures:
(a) the construction unit or individual holds the relevant documents and materials of the construction project approved by the state, and submits an application for designated construction land planning to the planning administrative department;
(two) the planning administrative department shall give a reply within 20 days after the documents provided by the construction unit or individual are complete. After approval, arrange the construction land, verify the specific location and boundaries of the construction project after approval according to the prescribed procedures, and provide planning and design conditions;
(three) according to the planning and design conditions, the construction unit or individual shall submit the planning and layout of construction land within 6 months. After the planning and layout of construction land is approved, the planning administrative department shall issue the construction land planning permit within 20 days of the statutory working day. If the construction unit or individual fails to submit the planning and layout of construction land within the time limit and fails to apply for extension, the original fixed-point application will automatically become invalid;
(four) the construction unit or individual shall apply to the land management department for land use with the construction land planning permit. If no application for land use or extension is made within one year, the obtained construction land planning permit will automatically become invalid.
Twenty-fifth to participate in the bidding and auction activities of land use right transfer organized by the people's government of the city or county according to law, and obtain the land use right, they shall go to the planning administrative department for the construction land planning permit with the land use right transfer contract.
Twenty-sixth in the urban planning area of the township (town) village collective enterprises and institutions for construction land in accordance with the provisions of Article 24 of these regulations for construction land planning permits.
In the construction of villages and market towns in urban planning areas, the planning administrative department shall issue the planning permit for construction land according to the approved village and market town planning. The individual housing construction of farmers must be arranged within the approved rural construction land. Article 27 The newly-built or rebuilt buildings (structures) on both sides of urban roads should obey the prominent parts such as balconies, awnings and steps according to the overall layout requirements, use nature and specific conditions of the buildings, and retreat to the red line of road planning, leaving necessary sites for greening and laying pipelines. The specific standards for land withdrawal shall be stipulated by the Municipal People's Government in the Technical Standards for Urban Planning in Nanning.
Twenty-eighth building spacing should not only meet the requirements of fire control, but also consider the requirements of sunshine, ventilation, greening and sight.
Twenty-ninth new construction, renovation and expansion projects should be equipped with green space, motor vehicle and non-motor vehicle parking lots (garages), public toilets and other supporting facilities in accordance with the planning requirements. Supporting facilities and construction projects are designed, constructed and delivered simultaneously.
Thirtieth new construction, renovation and expansion of public buildings and urban roads, barrier-free facilities should be set up in accordance with the planning requirements.
Thirty-first the following construction projects shall apply for a construction project planning permit in accordance with the provisions:
(a) new construction, renovation and expansion projects;
(two) the construction and reconstruction of urban roads, bridges, pipelines, tunnels and other municipal projects;
(three) the overhaul project of cultural relics protection units and the repair project to change the original appearance or structural system or basic plane layout;
(four) the need to change the main bearing structure of the building overhaul project;
(5) Urban sculpture projects of roads and squares;
(six) along the city road facade decoration project;
(seven) the setting of outdoor advertising facilities;
(eight) other circumstances that should be applied for according to law.
Thirty-second construction project planning permit shall be applied in accordance with the following procedures:
(a) the construction unit or individual holds the relevant approval documents to apply to the planning administrative department, and the planning administrative department puts forward the planning and design conditions according to the urban planning;
(2) The construction unit or individual entrusts a design unit with corresponding qualifications to prepare a design scheme according to the planning and design requirements, solicit the opinions of relevant departments, and conduct preliminary design and construction drawing design after the approval of the planning administrative department;
(three) after the completion of the construction drawing design, the planning administrative department shall review the relevant urban planning content, confirm that it meets the requirements of urban planning, and has obtained the right to use construction land according to law, and issue the construction project planning permit.
Article 33 When applying for a construction project planning permit, the construction unit or individual shall submit the following drawings:
(a) Completed application form for construction project;
(2) Effective construction project planning documents;
(three) the certificate of construction land use right and the original house property right certificate;
(four) the building red line map approved by the planning administrative department;
(five) opinions of environmental protection, epidemic prevention, fire protection and other relevant departments;
(six) a full set of engineering construction drawings;
(7) Other documents.
Thirty-fourth planning administrative departments shall, after receiving the materials required for applying for a planning permit for construction projects as stipulated in the preceding article, put forward audit opinions or issue a planning permit for construction projects within 20 legal working days.
Thirty-fifth construction units or individuals shall apply to the competent administrative department of construction for the commencement of construction with the construction project planning permit. After obtaining the construction permit upon approval, a grey line will be set up at the site, and the ground can be broken only after it is inspected by the planning management department and meets the requirements of the construction project planning permit.
If it belongs to a special emergency rescue project, it shall explain the reasons to the planning administrative department, and after approval, it can start construction first, and complete all procedures within 5 days after construction.
Thirty-sixth construction units or individuals shall start construction within one year after receiving the construction project planning permit. If the project fails to start within the time limit and fails to apply for extension or the application for extension is not approved, the construction project planning permit will automatically become invalid.
Thirty-seventh construction project completion acceptance report, should have the opinions of the planning administrative department, otherwise can not issue a comprehensive acceptance certificate, the real estate administrative department shall not handle the registration procedures of housing ownership.
Thirty-eighth within 6 months after the completion of the construction project, the construction unit or individual shall submit the construction project completion file to the urban construction archives institution free of charge.
Thirty-ninth buildings (structures) should be used in accordance with the nature of use approved by the construction project planning permit. Need to change the nature of the use of buildings (structures), must be reported to the original examination and approval of the planning administrative department for approval.
Fortieth temporary construction, should be required to apply for a construction project planning permit.
Temporary buildings shall not exceed two floors and the service life shall not exceed two years. If an extension is really necessary, it must be reported to the original planning administrative department for approval. Temporary buildings shall not be changed in use or traded or transferred; The use of expired or urban construction needs, the construction unit or individual must be unconditionally removed.
Forty-first units or individuals engaged in construction in the new area shall not build fences. If necessary, a transparent fence can be set up or a hedge can be used instead of the fence upon approval. The original wall in the old area should be gradually transformed or demolished.
Forty-second design, construction units and relevant administrative departments must check the planning maps according to the following provisions:
(a) design units to undertake architectural design tasks, must check the planning and design conditions and planning requirements approved by the planning administrative department and other relevant maps;
(two) the construction unit in the construction business, must check the construction project planning permit and other approved maps;
(three) the construction management department must check the construction project planning permit when approving the construction.
Forty-third strictly control the construction of private houses in old areas. Within the scope of the transformation of old areas, the construction, expansion and reconstruction of private houses are generally no longer approved. If there is a real danger, the real estate administrative department shall issue a certificate of appraisal of the dangerous house, which can only be maintained after being approved by the planning administrative department. However, the relationship with adjacent buildings should be properly handled in terms of drainage, ventilation and lighting, and the original area and construction scale should not be expanded, and traffic and fire safety should not be hindered.
Forty-fourth rural individual housing construction should be unified planning, relatively centralized, and combined with the construction of villages and market towns. The specific measures shall be formulated by the municipal and county people's governments.
Forty-fifth in the urban planning area, a unified national plane and elevation control survey system should be established and a unified urban topographic map should be used. Forty-sixth planning administrative departments and their planning management supervision and inspection institutions are responsible for the supervision and inspection of the implementation of urban planning, and to stop and deal with illegal construction activities according to law.
Planning, management, supervision and inspection personnel must show their certificates when performing official duties, and keep technical and business secrets for the inspected.
Article 47 The contents of supervision and inspection of urban planning are as follows:
(a) construction land and construction projects without planning permission;
(two) the legality of the construction land planning permit and its implementation;
(three) the legality of the construction project planning permit and its implementation;
(four) the planning control of the areas built and reserved according to the plan;
(five) the lofting of construction projects;
(six) the completion of the construction project planning and acceptance;
(seven) the nature of the planned use of buildings (structures);
(eight) other contents that should be supervised and inspected in accordance with the provisions of these regulations. Forty-eighth construction units, design units, construction units or individuals that should be given administrative punishment in accordance with the provisions of these regulations, the planning administrative department shall file an investigation, investigate and collect evidence, make a decision on administrative punishment, and serve it on the parties.
Forty-ninth without obtaining the planning permit for construction land and obtaining the approval document for construction land, the approval document is invalid, and the occupied land shall be ordered to be returned by the people's government of the city or county.
Article 50 If a construction unit or individual fails to obtain a construction project planning permit or to carry out construction in accordance with the provisions of the construction project planning permit, the planning administrative department shall order it to stop construction and impose penalties in accordance with the following provisions:
(a) have a serious impact, shall be ordered to dismantle, or be confiscated;
(two) take measures to eliminate the impact, shall be ordered to make corrections within a time limit, and impose a fine according to the illegal construction area; 200 per square meter for commercial buildings-300 yuan; Non-commercial buildings per square meter 100-200 yuan; If the construction area cannot be calculated, the liquidated damages shall be 5-10 ℅ of the total construction cost;
(three) if the impact is slight, a fine of 50% of the fine stipulated in the preceding paragraph shall be imposed.
Fifty-first construction projects in violation of the provisions of article seventeenth, article twenty-seventh, shall be ordered to dismantle, and punished according to the provisions of the preceding article.
Fifty-second in violation of the provisions of the second paragraph of Article 40 of these regulations, the temporary buildings that are not demolished within the time limit shall be ordered by the planning administrative department to be demolished within a time limit, and a fine of 2-5 yuan shall be imposed per square meter per day according to the construction area since the date of overdue.
Fifty-third in violation of the provisions of the first paragraph of Article 35 of these regulations, without the inspection of the line by the planning administrative department, a fine of 1000- 10000 yuan shall be imposed.
Fifty-fourth design units in violation of the provisions of this Ordinance, resulting in illegal construction, shall be confiscated by the planning administrative department, and impose a fine of 30-50% of the design fee.
In violation of the provisions of this Ordinance, resulting in illegal construction of the construction unit, shall be confiscated by the planning administrative department, and impose a fine of 5-20% of the illegal construction funds.
Article 55 whoever, in violation of the provisions of Article 39 of these regulations, arbitrarily changes the nature of the use of buildings (structures) shall be ordered by the planning administrative department to make corrections within a time limit and be fined 5- 15% of the replacement price of the year.
Fifty-sixth in violation of the provisions of article thirty-eighth of this Ordinance did not submit the construction project completion files, the planning administrative department shall order it to submit within a time limit, and may impose a fine of 2000- 10000 yuan.
Fifty-seventh units and individuals who violate the provisions of these regulations are fined and must pay the fine within the prescribed time limit. Failing to pay within the time limit, a late fee of 3% of the fine amount will be added daily.
All fines shall be turned over to the finance at the same level.
Fifty-eighth construction units or individuals and construction units to continue construction after receiving the notice to stop construction, planning administrative departments have the right to take measures to stop it.
Article 59 The examination and approval authorities shall not approve an unapproved or illegally prepared urban plan.
Illegal examination and approval or illegal change of urban planning shall be revoked by the people's government at a higher level or the municipal planning administrative department.
Article 60 If the person in charge of the construction unit violates the provisions of these regulations and causes illegal construction, he shall be given administrative sanctions by his superior organ or his unit, and may also be fined1000-3,000 yuan.
Those responsible for approving illegal buildings in violation of the provisions of these regulations shall be given administrative sanctions and economic penalties by their units or higher authorities.
Article 61 When urban planning management inspectors conduct inspections according to law, if the inspected refuses or fails to provide relevant information truthfully, the planning administrative department shall impose a fine of 200- 1000 yuan depending on the seriousness of the case.
Article 62 Where a unit or individual buys, sells or transfers a planning permit for construction land, the illegal income shall be confiscated and the person directly responsible shall be fined 3000-5000 yuan. The occupied land shall be ordered to be returned by the people's government of the city or county.
Article 63 Anyone who violates the provisions of Article 20 of these regulations shall be ordered by the planning administrative department to stop the illegal act, arrange or restore the original appearance within a time limit, and may be fined 5000- 10000 yuan.
Sixty-fourth in violation of the provisions of this Ordinance forty-third unauthorized expansion of the original homestead area, according to the provisions of this Ordinance fiftieth.
Article 65 If the planning administrative department, in violation of the provisions of these Regulations, issues the site selection opinions of construction projects, construction land planning permits, construction project planning permits or makes other wrong decisions, the municipal or county people's governments shall order it to correct or cancel, and deal with illegal construction projects, thus causing direct economic losses, and the original issuing department shall compensate according to law.
Article 66 If a party refuses to accept the decision on administrative punishment, he may, within 15 days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the administrative organ that made the decision on punishment; If you are not satisfied with the reconsideration decision, you can bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. The parties may also bring a suit directly to the people's court within 15 days from the date of receiving the penalty notice. If a party fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the administrative organ that made the punishment decision shall apply to the people's court for compulsory execution.
For buildings (structures) that violate the provisions of this Ordinance, the local people's governments at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing up the construction site and forcibly removing it after the planning administrative department makes a decision to order it to stop construction or dismantle it within a time limit. Sixty-seventh problems in the application of these Regulations shall be interpreted by the municipal planning administrative department.
Article 68 These Regulations shall come into force as of the date of promulgation. 1985 "Several Provisions on Urban Construction Management in Nanning" promulgated by the Standing Committee of Nanning Municipal People's Congress shall be abolished at the same time.