Legal information

Article introduction: From now on, you can no longer build simple houses casually. A national land planning system will be established in 2020.

1. "Multiple regulations integrated into one" to build a national "one map"

(1) The new planning system integrates main functional area planning, land use planning, urban and rural planning and other spatial planning, collectively referred to as land spatial planning.

(2) Utilize the latest natural resource survey data, apply nationally unified surveying and mapping benchmarks and surveying and mapping systems, integrate various spatial data, and use advanced information technology to build a nationally unified basic information platform for land spatial planning. Combining the plans compiled by various localities, a "one map" of national land planning is formed, thereby achieving more scientific planning preparation and stricter implementation supervision.

2. Binding indicators ensure that subordinates’ plans obey those of superiors

(1) Territorial spatial planning is prepared from top to bottom. Lower-level plans must obey higher-level plans, and special plans and detailed plans must implement the overall plan.

(2) This adjustment will be implemented into the final detailed plan and other implementation plans through binding indicators and control boundaries to ensure the implementation of major national strategies.

3. Strict restrictions to prevent changes in orders overnight

(1) Strengthen the authority of planning. The legal nature of territorial spatial planning is clarified. Once the territorial spatial planning is approved, no unit or individual may modify it at will or make changes in violation of regulations; it is clear that planning must be planned first and then implemented. All development and construction activities must comply with the plan, and construction must not be carried out in violation of regulations.

(2) There are new major national strategic changes and adjustments; adjustments to major national construction projects; adjustments to administrative divisions; during regular assessments, when it is discovered that some incompatible content between the plan and local economic and social development has occurred, the plan can be adjusted, but the adjustment must first obtain the consent of the original planning approval authority.

4. Reduce the number of approvals and shorten the approval time

(1) In terms of improving the administrative efficiency of planning review, it is required to cancel the review process of preparing outlines or planning outlines and reduce repetitive reviews; shift the review content from technical review to control review, focusing on review of the four aspects of development goals, binding indicators, control boundaries, and adjacent relationships, and try to control the review time of the overall plan submitted to the State Council for approval within 90 days.

(2) "Previously, 106 land use master plans and 108 urban plans were submitted to the State Council for approval, which is a large total. This time we decided to reflect local autonomy in planning and reduce the number of approvals by half, to about less than 50. Yingting Demolition Group It is understood that the focus of the State Council’s review and approval of cities is on cities with separate plans, provincial capitals, and municipalities directly under the Central Government, and other designated cities are reduced. The content and procedures for cities that are not submitted to the State Council for approval shall be determined by the provincial people’s government based on their own actual conditions.” Zhao Long said.

(3) Establish a land and space planning system in 2020, gradually realize the integration of multiple plans into one, basically complete the preparation of the land and space master plan at all levels above the city and county level, and initially form a "one map" for the development and protection of national land and space.

5. Achieve national unified planning of land and space

(1) The territorial spatial planning system integrates main functional area planning, land use planning, urban and rural planning and other spatial plans into a unified territorial spatial planning, achieving "multiple plans into one" and strengthening the guiding and constraining role of territorial spatial planning in various special plans. Land spatial planning is a guide for national spatial development, a spatial blueprint for sustainable development, and the basic basis for all types of development, protection, and construction activities.

(2) Article 9 of the Regulations on Expropriation and Compensation of Houses on State-Owned Land stipulates that all construction activities that really require the expropriation of houses should comply with the national economic and social development plan, overall land use plan, urban and rural planning and special planning. That is to say, house expropriation must comply with the “Four Plans”.

(3) Land and space planning integrates land use planning, urban and rural planning and other plans, and will be called land and space planning from now on. The new land spatial planning has practical guiding significance for expropriation and demolition activities.

6. Demolition and construction are more scientific and reasonable

(1) "Scientific planning is the greatest benefit, planning errors are the greatest waste, and planning tossing is the greatest taboo."

(2) The preparation of the territorial spatial planning system must be scientific. Adhere to ecological priority and green development, respect the laws of nature, economics, society and urban and rural development, and carry out planning and preparation work according to local conditions.

(3) The new land spatial planning system emphasizes that every inch of land must be planned clearly and clearly, which means that demolition and construction are more scientific, and local governments at all levels cannot decide on demolition and construction projects based on their foreheads.

7. Violate planning and random demolition and construction will be severely punished

(1) Once the plan is approved, it will have legal effect. No department or individual may modify it at will or make changes in violation of regulations, and resolutely prevent the phenomenon of changing the plan once the party committee and government change. Adhere to planning first and then implement, and strictly prohibit illegal construction; insist on revising plans in accordance with legal procedures and strictly review and approve them. Those who violate regulations, disciplines and laws during the preparation and implementation of territorial spatial planning must be held accountable seriously.

(2) The establishment of a land and space planning system means that local planning changes day and night are expected to be effectively curbed. If there is random demolition and construction in violation of the land and space planning, the relevant personnel will be seriously held accountable.

8. It is easier for expropriated persons to obtain compensation

Establishing a territorial spatial planning system means that the requirements for expropriating houses for construction are more stringent. If the housing expropriation department expropriates houses that do not comply with the land spatial planning, it is suspected of illegal expropriation, and the "House Expropriation Decision" made by the relevant departments should be revoked in accordance with the law. This is also the bargaining chip for the expropriated people to safeguard their rights in land acquisition and demolition cases. The Yingting Demolition Group believes that if the "House Expropriation Decision" is revoked in accordance with the law, the housing expropriation department will lose the basis for expropriation. The housing expropriation department is generally eager to use the land, which promotes negotiations between the housing expropriation department and the expropriated people. Therefore, it is easier for the expropriated people to obtain legal and reasonable compensation for expropriation.

Yingting reminds you:

In practice, since the value of houses in shantytowns may be relatively low, the amount of compensation may also be lowered. Therefore, you should first determine whether your house that is classified as a demolition house is a house in a shanty town. Let’s look at whether the demolition procedures are carried out strictly in accordance with the regulations on the expropriation and compensation of houses on state-owned land. Sometimes, demolition parties will illegally demolish houses on the grounds of shantytowns. If you are not satisfied with the compensation or your house has been forcibly demolished, please file an administrative review within 60 days and file an administrative lawsuit within 6 months. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation.