Article 2 These Regulations shall be observed in the formulation and implementation of urban and rural planning within the administrative region of this province and in the construction activities within the planning area.
Article 3 Urban and rural planning as mentioned in these Regulations includes urban system planning; Overall planning, regulatory detailed planning, special planning for infrastructure and public service facilities, and detailed planning for the construction of cities, counties and towns; Township planning and village planning.
The "planning area" as mentioned in these Regulations refers to the built-up areas of cities, counties, towns and villages, as well as areas where planning control must be implemented for the needs of urban and rural construction and development.
The term "county" as mentioned in these Regulations includes the town where the county government is located and the towns, townships and villages closely related to urban construction and development.
The term "infrastructure and public service facilities" as mentioned in these Regulations refers to infrastructure network systems such as roads, rail transit, water supply, drainage, heating, flood control, fire protection, electric power, telecommunications, gas and sanitation, and infrastructure such as transportation hubs, water sources and their protected areas, and sewage and garbage disposal in cities, counties and towns; Public service facilities such as education, health care, culture and sports, commercial services, financial posts and telecommunications, community services and barrier-free facilities.
Article 4 The overall planning of cities, counties and towns shall conform to the urban system planning; Regulatory detailed planning, special planning of infrastructure and public service facilities shall be subject to the overall planning of cities, counties and towns; Constructive detailed planning shall be subject to regulatory detailed planning and special planning of infrastructure and public service facilities.
Article 5 The competent department of urban and rural planning of the people's governments of provinces, cities and counties shall be responsible for the management of urban and rural planning within their respective administrative areas.
The competent department of urban and rural planning of the autonomous prefecture government is responsible for the management of urban and rural planning within its administrative area, and is specifically responsible for the preparation and implementation of urban and rural planning of the city where the state government is located.
With the approval of the provincial people's government, the municipal districts with relatively independent urban functions are specifically responsible for the urban and rural planning and management of the region in accordance with the county's planning and management responsibilities. Article 6 Urban and rural planning shall, according to the regional location, urban nature, development goals and resource carrying capacity of the city, make overall plans for urban and rural development and regional development, and make provisions for the development and utilization of underground space. Among them, the mandatory requirements of space control should be clearly marked in the planning results and written independently.
The planning of provincial capital cities should consider the needs of the central government for the land layout and spatial arrangement of Gansu and Gansu provinces. The planning of counties, towns and townships should be based on the economic and social development where the people's governments of counties, towns and townships are located, and serve the life and production of surrounding rural areas.
Seventh provincial people's government to organize the preparation of provincial urban system planning; The municipal and state people's governments shall organize the preparation of the urban system planning of their respective administrative areas and submit it to the provincial people's government for approval.
County (city) people's government can combine urban system planning with overall planning.
Eighth city and county people's governments shall organize the preparation of the overall planning of the city and county; The town people's government shall, under the guidance of the competent department of urban and rural planning of the people's government of the city or county, organize the preparation of the overall planning of the town.
Before the preparation of the master plan, the organizing unit shall entrust relevant functional departments or relevant institutions to conduct special research on major issues such as spatial development strategy, population and construction land scale, comprehensive transportation, resources and environmental carrying capacity. The special research report shall be examined and approved by the people's government at the same level as the basis for planning.
To prepare a master plan, an outline of the master plan should be formulated first, and it should be submitted to the competent department of urban and rural planning of the people's government that approved the master plan for review in accordance with the provisions of the National Measures for the Preparation of Urban Planning. The overall planning of provincial capital cities shall be approved by the provincial people's government and submitted to the competent department of urban and rural planning of the State Council for approval.
Article 9 The people's governments of townships and towns shall, under the guidance of the competent department of urban and rural planning of the people's governments of cities and counties, organize the preparation of township planning and village planning.
Township planning and village planning shall determine the construction scale and standards of infrastructure and public service facilities according to the local national economic and social development planning. City and county people's governments shall formulate technical guidelines and plans for rural housing construction, and specifically determine the technical standards for rural housing construction.
Article 10 The competent department of urban and rural planning of the people's government of a city or county shall organize the preparation of the regulatory detailed planning of the city or county; The town people's government shall, under the guidance of the competent department of urban and rural planning of the people's government of the city or county, organize the preparation of the town's regulatory detailed planning; Among them, the preparation of the regulatory detailed planning of the new planned land should be completed within two years after the approval of the master plan. The preparation of the regulatory detailed planning of the old city should be based on the principle of respecting the ownership of land use rights and optimizing the layout of land use, and dividing the planning control plots.
Mandatory contents that have been determined in the master plan, the main uses and compatibility of each block, building density, building height, floor area ratio, green space ratio, supporting regulations for infrastructure and public service facilities, etc. It is the mandatory content of regulatory detailed planning.
Article 11 The relevant departments shall, jointly with the competent departments of urban and rural planning of the people's governments of cities and counties, organize the preparation of special plans for infrastructure and public service facilities within the planning areas of cities, counties and towns, and carry out examination and approval, filing, revision and implementation in accordance with the relevant procedures of regulatory detailed planning.
The compulsory contents of the special planning of infrastructure and public service facilities include: the compulsory contents determined in the overall planning, the layout and planning scale of various infrastructure backbone network systems, the land for infrastructure hub projects, the land for public service facilities that need government support, and the protection and control scope of greening, historical blocks, key cultural relics and water bodies.
Twelfth city and county people's government departments in charge of urban and rural planning and the town people's government shall, according to the regulatory detailed planning, timely organize the preparation of detailed planning for the construction of important plots and complex plots in the old city.
Smaller counties and towns, the competent department of urban and rural planning of the people's government of the city or county and the people's government of the town can directly organize the preparation of the construction detailed planning according to the overall planning, and examine and approve, record, modify and implement it according to the relevant procedures of the regulatory detailed planning.
The competent department of urban and rural planning of the people's government of the city or county and the people's government of the town may require the resident institutions of higher learning, large scientific research institutes, large enterprises and other units to directly prepare the construction detailed planning of their land according to the overall planning, and examine and approve, put on record, modify and implement it in accordance with the relevant procedures of the regulatory detailed planning.
Article 13 The overall planning and regulatory detailed planning of development zones, industrial clusters and other parks at or above the provincial level, and industrial and mining areas determined by people's governments at or above the provincial level shall be organized by their management agencies in conjunction with the competent departments of urban and rural planning of local people's governments at or above the county level, and shall be examined and approved, filed, revised and implemented in accordance with the relevant procedures of urban overall planning and regulatory detailed planning.
Fourteenth urban and rural planning organizations shall, according to the planning needs, provide the planning units with basic information such as economy, society, resources and environment, related planning, survey, surveying and mapping, meteorology, earthquake, hydrology and environment, and ensure the accuracy of the information.
Fifteenth planning approval 15 days, the county master plan shall be submitted to the competent department of urban and rural planning of the provincial people's government for the record. Regulatory detailed planning, special planning of infrastructure or public service facilities shall be reported to the competent department of urban and rural planning of the people's government at the next higher level for the record.
If the filing organ considers that the reported urban and rural planning violates the superior planning and planning technical standards, it shall put forward suggestions for revision, order the organization to make revision within a time limit, and re-submit it for filing according to procedures.
Sixteenth urban and rural planning after approval and filing, urban and rural planning organizations shall publish the relevant results to the public within 30 days; Among them, the overall urban planning, regulatory detailed planning and construction detailed planning of important areas should be permanently announced. Except for the results of urban and rural planning that are not allowed to be disclosed by laws and administrative regulations.
The competent department of urban and rural planning of the people's government at or above the county level shall gradually establish fixed venues, and make an announcement and announcement on urban and rural planning. Seventeenth organization and implementation of urban and rural planning, should be based on the local economic and social development level, intensive use of land, rational use of underground space, protect all kinds of resources, inherit historical features, reflect local characteristics.
The development of the new district should reasonably determine the construction scale and timing, and systematically allocate infrastructure and public service facilities such as education, health, culture and sports; The transformation of old districts should reasonably control the intensity of land use and promote the improvement of public service facilities such as parking lots, sanitation facilities, green spaces, cultural and sports venues and public welfare activities.
Eighteenth construction project planning management in the province to implement the construction project site submissions, construction land planning permit, construction project planning permit, construction project planning completion acceptance certificate and rural construction planning permit system.
The procedures, duration, content and format of the planning permit certificate and the annex to the planning permit shall be implemented in accordance with the relevant provisions of the state and the provincial people's government. When the competent department of urban and rural planning accepts or refuses to accept the application for administrative license, it shall issue a written certificate stamped with the special seal of the administrative organ and dated.
Nineteenth urban and rural planning departments shall, when making planning permission, lay out all kinds of infrastructure and public service facilities such as transportation and fire exits needed for the use of the project within the scope of the project construction land; Determine the reasonable building spacing and spatial relationship, and protect the rights and interests of adjacent rights holders such as sunshine, ventilation, lighting, transportation, safety and land use.
Article 20 If a construction project that provides the right to use state-owned land by way of allocation needs the approval or approval of the relevant departments in accordance with the provisions of the state, the construction unit shall apply to the competent department of urban and rural planning of the people's government at or above the county level for a written opinion on the site selection of the construction project in accordance with the prescribed procedures before submitting it to the relevant departments for approval or approval.
Construction project site selection opinions issued by the implementation of hierarchical management system:
(a) submitted to the relevant departments of the state or province for examination and approval, and the construction projects in the national and provincial scenic spots, the competent department of urban and rural planning of the people's government at or above the county level shall put forward preliminary examination opinions step by step, and after the approval of the competent department of urban and rural planning of the provincial people's government, the opinions on the site selection of construction projects shall be issued;
(two) the construction projects approved by the relevant departments of the municipal and county people's governments shall be issued by the competent department of urban and rural planning of the municipal and county people's governments.
Article 21 After the construction projects that provide the right to use state-owned land by way of allocation and the projects that are newly built, expanded or rebuilt on the existing land are approved, approved and put on record by the relevant departments, the construction unit shall apply to the competent department of urban and rural planning of the people's government of the city or county for planning permission for construction land. The competent department of urban and rural planning of the people's government of a city or county shall, after determining the planning conditions, issue a planning permit for construction land.
After obtaining the planning permit for construction land, the construction unit may apply to the competent department of land and resources of the people's government at or above the county level for the corresponding land use procedures.
Article 22 Before transferring the right to use state-owned land for construction projects, the competent department of land and resources of the people's government of a city or county shall, jointly with the competent department of urban and rural planning of the people's government at the same level, formulate a plan for transferring the right to use state-owned land, and regard the planning conditions as an integral part of the contract for transferring the right to use state-owned land. Land plots with uncertain planning conditions shall not be allowed to transfer the right to use state-owned land.
For a construction project that obtains the right to use state-owned land by means of transfer, the construction unit shall sign a contract for transferring the right to use state-owned land before applying for a planning permit for construction land.
Twenty-third transfer of construction land, the land use right holder has obtained the planning conditions should be regarded as an integral part of the land use right transfer contract. If it is really necessary to change the planning conditions and divide the land transfer, it shall re-apply for the planning conditions and regard the planning conditions as an integral part of the land use right transfer contract.
After obtaining the land use right, the new land use right holder shall apply for renewal of the construction land planning permit.
Article 24 The competent department of urban and rural planning of the people's government of the city or county shall, in combination with the current situation of construction land and the recent construction plan, verify the location, area and allowable construction scope of construction land and determine the planning conditions such as the nature of land use, floor area ratio, building density, building height and green space rate on the basis of regulatory detailed planning and special planning of infrastructure or public service facilities. , as a statutory annex to the construction land planning permit. Where the construction project land is located, the detailed planning for construction has been formulated, and the planning conditions shall be put forward according to the detailed planning for construction.
If it is really necessary to carry out engineering construction in areas where detailed regulatory planning has not been prepared, the planning conditions shall be entrusted by the planning department of the people's government of the city or county with corresponding qualifications to be prepared according to the overall urban planning and planning norms and their mandatory provisions, and shall be put forward after being determined by the urban and rural planning department of the people's government of the city or county.
Construction units and survey and design units shall take the planning permit for construction land as the planning basis for engineering design.
Article 25 When building buildings, structures, roads, pipelines and other projects in the planning area, the construction unit or individual shall submit the construction land planning permit, construction project design scheme and other materials when applying for the construction project planning permit to the competent department of urban and rural planning of the people's government of a city or county; In line with the conditions, the construction project planning permit will be issued.
The location and scale of infrastructure and public service facilities and the specific construction progress shall be specified in the construction project planning permit.
Without obtaining the construction project planning permit, the relevant departments shall not carry out the construction permit and the house pre-sale permit.
Article 26 If it is really necessary to carry out temporary construction in the planned area of a city, county or town, the construction unit and individual shall obtain the document that the competent department of land and resources of the people's government of the city or county agrees to use the temporary land, and the competent department of urban and rural planning shall, on the basis of not affecting the implementation of urban and rural planning, put forward the planning conditions for temporary land according to the relevant norms and standards, and issue the planning permit for temporary construction land.
Twenty-seventh in any of the following circumstances, the competent department of urban and rural planning of the people's government of a city or county shall not apply for a temporary construction land planning permit:
(a) in the core protection area of historical and cultural blocks;
(two) affecting the implementation of regulatory detailed planning, infrastructure or public service facilities special planning;
(three) affecting road traffic, public safety, city appearance or other public interests;
(4) occupying public green spaces, waters, squares, public parking lots and other public places;
(5) occupying power, communication, meteorological observation, flood control protection zones or underground pipelines;
(6) Other circumstances prohibited by laws and regulations.
Twenty-eighth to obtain a temporary construction land planning permit, and complete the temporary construction project design, the construction unit or individual shall apply to the competent department of urban and rural planning of the people's government of the city or county for a temporary construction project planning permit. The competent department of urban and rural planning of the people's government of the city or county shall, according to the planning permit for temporary construction land, approve the design scheme of temporary construction projects and issue the planning permit for temporary construction projects.
The service life of temporary buildings and structures shall generally not exceed 2 years; If it is really necessary to extend the service life, the construction unit or individual shall apply to the competent department of urban and rural planning for an extension within 30 days before the expiration, which can only be extended once, and the longest extension shall not exceed 1 year.
When the temporary construction project expires, the user unit or individual shall dismantle it by itself.
Twenty-ninth after the completion of a construction project that has obtained a construction project planning permit, the construction unit and individual shall apply to the competent department of urban and rural planning that issued the construction project planning permit for completion planning acceptance. The competent department of urban and rural planning of the people's government of the city or county shall, according to the planning permit of the construction project, carry out planning acceptance and on-site verification of the construction project, and issue a certificate of acceptance of the completion planning of the construction project.
Without obtaining the acceptance certificate of the completion drawing of the construction project, the quality acceptance record of the construction project and the registration of housing property rights shall not be carried out.
Thirtieth in the township and village planning area, the construction unit or individual shall apply to the township and town people's government, with the consent of the township and town people's government, and report to the competent department of urban and rural planning of the city and county people's government for approval, and issue a rural construction planning permit.
In the township and village planning area, if the original homestead area is not expanded, or two-storey or below farmhouses are built, it shall be carried out independently by individuals on the basis of the village committee coordinating the relationship between adjacent obligees. The competent department of urban and rural planning shall provide the technical guide for rural housing construction plan free of charge.
Thirty-first to apply for a rural construction planning permit, the construction unit and individual shall provide the following information according to the nature of the construction project:
(a) township enterprises, rural public facilities and public welfare construction projects, shall provide the approval, approval and filing documents of the relevant departments;
(two) the construction project that needs to occupy agricultural land shall provide the approval documents for the conversion of agricultural land;
(three) rural residential, township enterprises, rural public facilities and public welfare construction projects, should provide the design of construction projects completed by design units with corresponding design qualifications.
Thirty-second urban and rural planning departments of the people's governments of cities and counties shall conduct the completion planning and acceptance of the construction projects that have obtained the rural construction planning permit; You can also entrust the people's governments of townships and towns to carry out the acceptance of the completion plan.
If the completed drawings have not been accepted, the registration of house property rights shall not be carried out.
Thirty-third after the construction project is put into use, the construction units and individuals need to change the nature of the use determined by the planning permission, and shall apply to the competent department of urban and rural planning of the people's government of the city or county for changing the planning permission.
The competent department of urban and rural planning of the people's government of the city or county shall not make a planning change permit if it does not meet the requirements of land compatibility determined in the regulatory detailed planning, the municipal infrastructure is not matched, the appraisal of housing safety and applicability is unqualified, the consent certificate of interested parties is not obtained, and the surrounding environment is polluted. Article 34 The competent department of urban and rural planning of the people's government at or above the county level shall organize relevant departments and experts to regularly evaluate the implementation of the plan. The master plan is evaluated every 3 years, and the township planning and urban system planning are evaluated every 5 years.
The evaluation report shall have the following main contents:
(1) Planning announcement and public opinions;
(two) the implementation of public service facilities, social welfare facilities and other infrastructure and housing security planning;
(three) the implementation of natural resources, ecological environment, historical and cultural heritage protection planning;
(four) the implementation of greening, transportation, environmental sanitation and public safety planning.
Thirty-fifth urban system planning and overall planning shall be revised in accordance with the following requirements:
(a) to modify the urban scale, development goals, overall functional layout and planning area determined by the urban system planning and the overall planning, which involves a number of mandatory content adjustments, it shall be carried out in accordance with the procedures for formulating the new version of the plan and approved by the original approval authority;
(2) If the mandatory contents determined in the urban system planning and the overall planning are modified without affecting the scale of construction land, development goals, overall functional layout and planning area, a special assessment shall be made after the consent of the original approving authority, and the revised plan shall be prepared and reported to the original approving authority for approval;
(three) to modify the non-mandatory contents of the urban system planning and the overall planning, the organization organ shall make specific changes in the preparation of the next level planning.
Thirty-sixth in any of the following circumstances, you can modify the regulatory detailed planning, infrastructure or public service facilities special planning:
(a) the new master plan or the revised master plan has new requirements for the planning area;
(two) there are new interests in the planning area, which need to be revised and resolved;
(3) Significant changes have taken place in the mode of supply of infrastructure or public service facilities;
(four) it is really necessary to modify the plan after evaluation.
To modify the regulatory detailed planning, special planning of infrastructure or public service facilities, the organizing organ shall solicit the opinions of the interested parties in the planning area, and submit a special report to the original approval authority, and the modification plan can only be prepared after approval. Thirty-seventh people's governments at or above the county level and the competent departments of urban and rural planning shall strengthen the supervision and inspection of the preparation, examination and approval, implementation, revision and evaluation of urban and rural planning.
The competent department of urban and rural planning of the people's government of a city or county shall supervise the construction project according to the construction project planning permit.
Thirty-eighth people's governments at all levels and their competent departments of urban and rural planning shall, according to the opinions and suggestions of the planning inspectors made by the people's governments at higher levels and their competent departments of urban and rural planning, improve the relevant planning work within the prescribed working days and report to them. If the supervision and inspection organ violates the provisions of these regulations, the responsible person shall be dealt with in accordance with the provisions of the People's Republic of China (PRC) Urban and Rural Planning Law and these regulations.
Article 39 If the construction unit or relevant interested party has any objection to the planning permission obtained or fails to obtain the planning permission within the prescribed time limit, it may apply to the competent department of urban and rural planning of the people's government at the next higher level for supervision, and the competent department of urban and rural planning of the people's government at the next higher level shall make decisions such as maintaining the original permission or handling it within a time limit, ordering it to make corrections, and revoking the administrative license. If the competent department of urban and rural planning fails to handle, correct or re-handle it within the time limit, the competent department of urban and rural planning of the people's government at the next higher level has the right to directly make planning permission.
Fortieth urban and rural planning departments should provide citizens, legal persons or other organizations with information that should be disclosed according to law on their websites, offices or designated archives management institutions; If special circumstances require it, it can also be made public through major news media.
Any unit or individual has the right to ask the competent department of urban and rural planning whether the construction activities meet the planning requirements, and report to the competent department of urban and rural planning or put forward supervision suggestions on suspected illegal construction activities, and the competent department of urban and rural planning shall promptly accept them. Article 41 If the competent department of urban and rural planning of the people's government at or above the county level commits any of the following acts, the people's government at the same level, the competent department of urban and rural planning of the people's government at a higher level or the supervisory organ shall order it to make corrections according to its functions and powers, and informed criticism shall give sanctions to the directly responsible person in charge and other directly responsible personnel according to law:
(a) failing to organize the preparation, modification, approval and filing of regulatory detailed planning, infrastructure or public service facilities planning according to law;
(2) Issuing site selection opinions, construction land planning permits, construction project planning permits, construction project completion planning acceptance certificates, rural construction planning permits, temporary construction land planning permits, and temporary construction project planning permits to applicants beyond their authority or in violation of procedures;
(3) Failing to issue site selection opinions, construction land planning permits, construction project planning permits, construction project completion planning acceptance certificates, rural construction planning permits, temporary construction land planning permits and temporary construction project planning permits within the statutory time limit;
(four) the planning conditions are not determined or the determined planning conditions do not conform to the regulatory detailed planning, infrastructure or public service facilities planning, and the planning is not revised according to the procedures;
(five) the general plan of the approved construction detailed planning and the attached drawings of the construction project planning permit have not been published;
(six) the planning permission made violates the national standards and norms;
(seven) found without planning permission or in violation of the provisions of the planning permission in the planning area, after receiving the report, not investigated and dealt with according to law.
Article 42 If the relevant department of the people's government at or above the county level commits any of the following acts, the people's government at the corresponding level or the relevant department of the people's government at a higher level shall order it to make corrections, and informed criticism shall impose sanctions on the directly responsible person in charge and other directly responsible personnel according to law:
(a) failing to organize the preparation of infrastructure or public service facilities planning in accordance with the overall planning, resulting in serious consequences;
(two) for the construction projects that have not obtained the site selection opinions in accordance with these regulations, the approval documents and approval documents of the construction projects are issued;
(three) the planning conditions are not included in the state-owned land use right transfer contract and the land use right transfer contract, or the planning conditions determined according to law in the state-owned land use right transfer contract and the land use right transfer contract have changed;
(four) the allocation of state-owned land use rights to the construction unit that has not obtained the construction land planning permit;
(five) the construction permit or pre-sale permit of the construction project that has not obtained the construction project planning permit or the rural construction planning permit;
(six) failing to carry out construction inspection in accordance with the construction project planning permit and the rural construction planning permit.
Forty-third without obtaining the construction project planning permit, rural construction planning permit or not in accordance with the provisions of the construction project planning permit for new construction, expansion and reconstruction, by the competent department of urban and rural planning of the people's government at or above the county level shall be ordered to stop construction; Can take corrective measures to eliminate the impact on the implementation of the plan, make corrections within a time limit, and impose a fine of more than 5% and less than 0% of the construction cost; Unable to take corrective measures to eliminate the impact, it should be removed within a time limit. If it cannot be demolished, the real object or illegal income shall be confiscated, and a fine of less than 10% of the project cost may be imposed.
Construction projects that cannot take corrective measures to eliminate the impact mainly refer to construction projects that violate urban and rural planning and have a significant impact on the spatial layout, disaster prevention capacity, traffic capacity and environmental quality of cities, counties and towns.