Article 1 In order to strengthen the safety management of self-built houses, ensure the safety of people's lives and property, and maintain public safety and social order, these Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this province.
Article 2 These Regulations shall apply to the safe use of self-built houses and their supervision and management activities within the administrative area of this province.
The term "self-built houses" as mentioned in these Regulations refers to houses built by natural persons themselves.
Article 3 The safety management of self-built houses shall follow the principles of who owns, who uses, who is in charge and who approves.
Article 4 The people's governments at or above the county level shall strengthen the organization, leadership and overall coordination of the safety management of self-built houses, establish and improve the coordination mechanism of division of responsibilities among departments, be responsible for organizing and implementing the emergency response of self-built houses, and ensure the funds for the safety management of self-built houses.
Township people's governments and sub-district offices shall undertake the safety management of self-built houses in accordance with their duties, and cooperate with the people's governments at higher levels and relevant departments to organize the implementation of safety management.
Village (neighborhood) committees shall assist the people's governments at all levels and relevant departments in the safety management of self-built houses.
Fifth people's governments at or above the county level shall be responsible for the safety supervision and management of self-built houses within their respective administrative areas.
Other relevant departments of the people's governments at or above the county level shall, in accordance with their respective duties, do a good job in the safety supervision and management of self-built houses.
Article 6 The people's governments of cities and counties divided into districts shall establish and improve the self-built housing safety assistance mechanism, and arrange financial funds for self-built housing safety assistance to subsidize the self-built housing safety appraisal and disposal expenses of families with special difficulties.
Seventh people's governments at or above the county level shall organize self-built housing safety publicity and education, popularize safety knowledge, and improve the housing safety awareness of citizens, legal persons and other organizations.
The news media shall publicize the safety management of self-built houses for public welfare, and supervise the behavior of violating the safety management of self-built houses by public opinion.
Chapter II Safe Use
Article 8 The owner of a self-built house is the person responsible for the safety of the self-built house. The person responsible for the safety of self-built houses shall bear the following responsibilities for the safety of self-built houses:
(1) Reasonable use and decoration according to the planned use, design requirements and nature of self-built houses;
(two) to carry out safety inspection and daily maintenance of self-built houses;
(three) corresponding measures should be taken to find hidden dangers, and timely report to the relevant departments of the territory, according to the need to entrust identification;
(four) to cooperate with the government and its relevant departments to carry out hidden dangers investigation, emergency disposal and other activities;
(five) other self-built housing safety responsibilities stipulated by laws and regulations.
Users and managers should use the house reasonably according to the nature and purpose of the house, and bear the responsibility for the safe use of the self-built house according to law.
Article 9 Owners, users and managers of self-built houses shall not commit the following acts that endanger the safety of self-built houses:
(a) unauthorized removal or change of building foundations, beams, columns, floors, internal and external walls and other building subjects or load-bearing structures;
(two) more than the original design standard to increase the use of housing load;
(three) the division of the basic units of self-built houses, the addition or expansion of bathrooms, kitchens and balconies, which have an impact on the safe use of other people's houses;
(four) to change the function and use of the house without authorization, which affects the safety of the use of the self-built house;
(five) illegal construction of buildings and structures, and excavation of the underground space of self-built houses;
(six) in the load-bearing wall, beam-column components and floor, stair structure layer, endangering the safety and durability of the structure;
(seven) other acts that endanger the safety of self-built houses.
Tenth self-built houses need to be used in the following circumstances, and the person in charge of housing safety shall entrust a testing and appraisal institution with corresponding qualifications to conduct safety appraisal according to law:
(a) Reaching or exceeding the design life;
(2) Alteration, expansion or relocation;
(3) Before the use or use environment of the building changes;
(four) serious quality defects or damage, deformation, etc.;
(five) there are other major security risks.
The safety appraisal of rural self-built houses shall be organized by the people's government at the county level according to actual needs.
Eleventh identified as dangerous houses, self-built housing safety responsibility should be based on the recommendations of the self-built housing safety appraisal report, in accordance with the relevant national standards to take maintenance, reinforcement, deactivation, demolition and other corresponding measures.
_ _ _ Article 12 Dangerous houses shall not be rented, and shall not be used for production and operation, public welfare undertakings or other activities involving public safety.
Thirteenth involving self-built housing maintenance and reinforcement and load-bearing structure changes, shall meet the following requirements:
(a) by the design and construction units with corresponding qualifications;
(two) organized and implemented by the construction unit with corresponding qualifications;
(three) to take measures to ensure the quality and safety of the project.
Maintenance, reinforcement engineering experience qualified rear can use.
If the main body and load-bearing structure of self-built low-rise residential buildings in rural areas change, the township people's governments and relevant institutions shall urge and guide the responsible persons of self-built residential buildings to take corresponding maintenance and reinforcement measures.
Fourteenth demolition of dangerous houses shall be entrusted to a construction unit with corresponding qualifications according to law; Self-built low-rise residential buildings in rural areas should be demolished by themselves, and corresponding safety protection measures should be taken.
After the demolition of dangerous houses included in the scope of expropriation, monetary compensation or property rights exchange shall be carried out according to law. After the demolition of dangerous houses not included in the scope of expropriation, you can apply for reconstruction in accordance with the regulations, and natural resources, agriculture and rural areas should be examined and approved according to law.
Chapter III Supervision and Administration
Article 15 People's governments at or above the county level shall implement the main responsibility for the safety supervision and management of territorial self-built houses, organize relevant departments and township people's governments and sub-district offices to supervise and manage self-built houses in urban and rural areas within their jurisdiction, investigate and rectify potential safety hazards, and organize the handling of emergencies.
Article 16 Township People's governments and sub-district offices shall improve the grid management system of self-built houses, regularly inspect the safety of self-built houses within their respective jurisdictions, be responsible for regularly inspecting the safety status of self-built houses within their respective jurisdictions, urge those responsible for self-built houses to inspect and maintain houses, investigate hidden dangers, conduct safety appraisal and solve dangerous houses, urge village (neighborhood) committees to carry out work related to housing safety management, and handle housing safety emergencies according to law.
_ _ _ Seventeenth housing and urban-rural construction departments shall, jointly with relevant departments, comprehensively strengthen the supervision and management of operating self-built houses, take the lead in organizing special rectification work, and investigate the structural safety problems of self-built houses.
The emergency management department of the people's government at or above the county level is responsible for handling housing safety emergencies, and guiding the self-built housing safety management as the production and operation place of industrial and commercial enterprises according to their duties; The competent department of economy and information technology is responsible for guiding the safety management of civil explosive enterprises and industrial and commercial enterprises to build their own houses as production and business premises within the scope of their duties; The data resources department is responsible for guiding the information construction of comprehensive housing management and other related work; The education department is responsible for guiding the safety management of self-built houses used as schools, kindergartens and educational institutions within the scope of their duties; The public security department is responsible for guiding the examination and approval of special trade licenses for self-built houses used as hotels; The civil affairs department is responsible for guiding the safety management of self-built houses used as pension institutions and facilities; The judicial administrative department is responsible for cooperating with relevant parties to improve the urban and rural housing safety management system and strengthen the guarantee of the rule of law; The financial department is responsible for providing financial support for the special rectification of self-built housing safety; The natural resources department is responsible for guiding the use of land in accordance with the law and regulations, and doing a good job in geological disaster risk investigation; The agricultural and rural departments are responsible for the management of rural homesteads in accordance with their duties; The commercial department is responsible for guiding the safety management of self-built houses as business premises of commercial enterprises; The culture and tourism department is responsible for guiding the safety management of self-built houses as cultural and tourism facilities; The health department is responsible for guiding the safety management of self-built houses used as medical and health institutions; The market supervision department is responsible for guiding the registration of market entities involved in self-built houses and the examination of food business licenses; The film management department is responsible for guiding the safety management of self-built houses used as cinemas.
Article 18 Where a self-built house is used as a place for production, operation or public welfare, the relevant licensing authority shall examine it according to law.
Nineteenth provincial people's government housing and urban construction departments in conjunction with relevant departments, the construction of urban housing, rural housing integrated management information platform.
The relevant departments of the people's governments at or above the county level, the Township People's governments or the subdistrict offices shall input the self-built housing safety management files, investigation records, appraisal reports, disposal results and other information into the comprehensive housing management information platform.
Twentieth to encourage and support the development of new technologies, the application of scientific and technological means to strengthen the dynamic monitoring of housing safety.
Twenty-first to encourage the establishment of commercial insurance, risk funds and other forms of self-built housing use safety risk management mechanism.
Twenty-second people's governments at or above the county level shall unblock the channels for reporting and complaining about acts endangering the safety of houses and dangerous houses, and announce the methods, procedures and time limits for reporting and complaining to the public.
Twenty-third illegal construction of self-built houses, urban and rural housing construction, urban management, natural resources, agriculture and rural areas and other relevant departments or township people's governments, street offices to investigate and deal with according to law.
Chapter IV Legal Liability
Article 24 in violation of the provisions of the fourth paragraph of Article 8 of these regulations, the person responsible for the safety of self-built houses does not cooperate with the investigation of hidden dangers and emergency management of self-built houses, and the competent department of housing and urban construction of the people's government at or above the county level or other departments with supervision and management responsibilities shall order it to make corrections; Those who refuse to make corrections shall be fined 1 10,000 yuan but not more than 20,000 yuan.
Twenty-fifth in violation of the provisions of the first paragraph of Article 10 of these regulations, the person responsible for the safety of self-built houses refuses to carry out safety appraisal, which may affect the safety of others or the public, and the competent department of housing and urban construction of the people's government at or above the county level shall order it to make corrections; Those who refuse to make corrections shall be fined 1000 yuan or more 1 10,000 yuan or less. If the circumstances are serious, a fine of 1 10,000 yuan but not more than 50,000 yuan shall be imposed.
Article 26 If, in violation of the provisions of Article 11 of these regulations, the person responsible for the safety of self-built houses fails to take timely measures such as maintenance, reinforcement, deactivation and demolition, which may affect the safety of others or the public, the competent department of housing and urban construction of the people's government at or above the county level or other departments responsible for supervision and management shall order it to make corrections; Refuses to correct, punishable by a fine of 2000 yuan and 20 thousand yuan. If the circumstances are serious, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed.
_ _ _ _ Article 27 Anyone who, in violation of the provisions of Article 12 of these regulations, rents dangerous houses or uses dangerous houses to engage in production and operation, public welfare undertakings and other activities involving public safety shall be ordered to make corrections by the competent department of housing and urban construction of the people's government at or above the county level or other departments responsible for supervision and management; Refuses to correct, shall be ordered to suspend production and business for rectification, and impose a fine of ten thousand yuan and fifty thousand yuan.
Article 28 Where people's governments at all levels and relevant departments and their staff neglect their duties, abuse their powers or engage in malpractices for selfish ends in the safety management of self-built houses, the competent department shall punish the directly responsible person in charge and other directly responsible personnel according to law.
Twenty-ninth acts in violation of the provisions of this Ordinance, the relevant laws and administrative regulations have provisions on administrative punishment, in accordance with its provisions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 30 The term "dangerous houses" as mentioned in these Regulations refers to houses whose structures have been seriously damaged or whose load-bearing components are in danger, which may lose structural stability and bearing capacity at any time and cannot guarantee the safety of living and using.
Article 31 The planning and construction safety management of self-built houses shall be implemented in accordance with the Urban and Rural Planning Law of People's Republic of China (PRC), the Land Administration Law of the People's Republic of China, the Construction Law of People's Republic of China (PRC), the Regulations on Safety Production Management of Construction Projects in the State Council, the Regulations on Quality Management of Construction Projects, and the Regulations on Construction Management of Villages and Market Towns.
The safety management of self-built houses in historical buildings and cultural relics protection units, scenic spots, nature reserves and places for religious activities, and the safety management of professional facilities and equipment such as fire fighting, elevators, water supply, power supply, heating, gas, communication, lightning protection and earthquake resistance of self-built houses shall be implemented in accordance with the provisions of relevant laws and regulations.
Thirty-second unauthorized renovation, expansion or unauthorized change of the nature of the use of non self built housing safety management, with reference to the relevant provisions of this Ordinance.
Article 33 These Regulations shall come into force from June 65438 +654381October +20231October.