On June 2, 2007, 12, the long-awaited Provisions on Further Standardizing the Reconstruction of Villages in Cities (Zheng [2007] 103) (hereinafter referred to as 103) was finally promulgated in Zhengzhou real estate industry, in which the proportion of resettlement and development for the reconstruction of villages in cities was formulated for the first time. The construction of "small property houses" was completely stopped, the new compensation standard for demolition was clarified, and the reconstruction of villages in cities was creatively linked with the construction of low-rent houses. A series of policies with strong operability and feasibility are quite innovative, which can be called a win-win model to solve the compensation problem of land acquisition and demolition. The reconstruction of villages in cities is a difficult problem. The introduction of the new regulations undoubtedly provides a "solution" to solve this problem.
Solve a problem
The proportion of resettlement development is clearly 1∶2.
Article 5 of document 103 stipulates that the ratio of reconstruction, resettlement and development of urban villages is 1∶2. The development ratio of resettlement housing refers to the ratio of the construction area of resettlement housing to the construction area of supporting commercial housing.
In the past, the transformation of villages in cities was often a whole transformation of a village by a developer. In the process of development, there are not many supporting commercial houses for development. For the first time, the new policy uses resettlement houses to determine the scale of supporting commercial housing.
Liu She, a professor of engineering management at Henan University of Finance and Economics, believes that the resettlement area can be determined according to the existing total demolition area, and the corresponding supporting commercial housing area can be calculated by the size of the resettlement area. The limited proportion of resettlement and development in the reconstruction of urban villages is the most innovative innovation in the reconstruction of urban villages. 103, which shows that developers can't develop at will as before after they get the right to rebuild villages in cities, making the reconstruction of villages in cities more standardized and orderly.
103 also stipulates that the land beyond the proportion of resettlement and development shall be included in the unified acquisition reserve of the Municipal People's Government and sold in the land market. Liu She believes that the transformation of villages in cities has revitalized the urban land stock, which will enable some developers to get more opportunities to acquire land in urban areas.
Liu Daoxing, vice president of Henan Academy of Social Sciences, told reporters that the transformation of villages in cities has limited the proportion of resettlement and development of immigrants, indicating that the government's intervention in the transformation of villages in cities has increased. This is because the land in Zhengzhou City is becoming scarcer and scarcer, and the land value is also increasing year by year. The government has revitalized more stock land and gained more land benefits, which is a "win-win" thing for developers and the government.
Solving the second suite follows the "90, 70 New Deal"
The clauses 103 of document numbers 13 and 15 stipulate that the municipal planning department shall, jointly with relevant departments, work out the overall planning for the reconstruction of villages in cities according to the overall urban planning, the overall land use planning and the zoning planning, as a basis for guiding the reconstruction of villages in cities throughout the city. The main contents of the master plan include the development mode of urban village reconstruction, the layout of construction land, the overall arrangement of various constructions and the suggestions for implementing the reconstruction by stages.
Unifying the overall planning of urban village reconstruction with urban development planning and formulating the overall planning of urban village reconstruction according to the overall urban planning will play a role in overall planning and layout of urban village reconstruction in the city.
Since the promulgation of "Article 6 of the State" in June last year 1, newly developed commercial housing must follow the policy that 70% of small and medium-sized units are within 90 square meters, but this policy has not been strictly implemented in the reconstruction of villages in cities because there is no corresponding policy to restrict it.
103 clearly stipulates that the supporting development of commercial housing in urban villages should be strictly implemented in accordance with the notice of the general office of the State Council forwarding the opinions of the Ministry of Construction on adjusting the housing supply structure and stabilizing housing prices (No.37 [2006] of Guo Ban Fa).
Liu She believes that document 103 clarifies that the reconstruction of supporting commercial houses in urban villages should also be carried out in accordance with the national macro-control policies, thus safeguarding the seriousness of the national policies.
Three key points to solve the construction of resettlement housing
Article 36 of document 103 clearly stipulates that priority should be given to the construction of resettlement houses in the reconstruction of urban villages, and the construction of self-built villages (groups), resettlement houses and infrastructure should not be later than the second-phase construction plan, and the first-phase commercial housing sales should give priority to the construction of resettlement houses. Real estate development enterprises to participate in the transformation, in principle, resettlement housing and infrastructure construction should be arranged in the first phase of the construction plan; If it is really necessary to build resettlement houses by stages, it shall be completed in the first two construction plans. The resettlement houses built in the first phase shall not be less than 60% of the total area of resettlement houses, and the sales amount of commercial houses and mortgages shall be given priority for the construction of resettlement houses in the second phase.
According to the previous experience in the reconstruction of villages in cities, developers often build commercial houses first, so as to withdraw funds as soon as possible and minimize the risk of reconstruction. The publication of document 103 puts forward higher requirements for developers to carry out the reconstruction of villages in cities, and further protects the interests of villagers.
Liu Daoxing believes that this article is a dead task given by the government to developers, and the system has strong operability, which effectively protects the interests of villagers and ensures that villagers can live in new homes as soon as possible. At the same time, it also makes developers more clear about the relationship between resettlement housing construction and commercial housing construction, and the requirements for the overall strength of developers have improved.
The four layers of "demolition, compensation and resettlement" are red lines.
103 document article 28 stipulates that the compensation and resettlement of houses on the legal homestead of the original villagers shall be based on the construction area. If the demolished person chooses monetary compensation, the compensation amount shall be determined according to factors such as the area, location and use of the demolished house. Legal buildings below three floors (including three floors) shall be compensated according to the market evaluation price in principle. If the demolished person chooses to exchange property rights, in principle, the legal buildings with three floors and below will be resettled according to the standard of demolishing one square meter and retreating one square meter.
In April, 2004, the Implementation Measures for Planning, Land and Demolition Management of Urban Villages in Zhengzhou (Trial) stipulated that the compensation and resettlement for rural residential demolition in urban villages should be based on the benchmark construction area (228 square meters per household). Different from this, the document 103 adopts a more flexible and scientific way, which not only guarantees the legal rights of villagers, but also clarifies which houses to be demolished have legal status.
Liu She believes that the compensation standard is determined according to the location of different villages in the city and the actual area and use of villagers' houses, which is more scientific than the original unified benchmark construction area compensation standard in the whole city. At the same time, literally, only buildings below three floors (including three floors) are recognized as legal buildings, but can buildings above three floors be recognized as illegal buildings without compensation? Document 103 has no specific agreement on how to deal with houses with more than three floors.
Solve five problems
"Small property houses" will be completely stopped.
103 document article 22 stipulates that the relevant departments shall not go through the planning and construction procedures, transfer, lease or mortgage the village land that has not been converted into state-owned; Unauthorized development and transformation, according to the illegal land investigation.
The "small property houses" developed on collective land have been active in Zhengzhou market for many years, but there has been no clear policy to restrict them. With the clear definition of "small property right house" by the Ministry of Construction, the problem of "small property right house" is being solved intensively from the central government to the local government, and the document 103 is issued in time to make corresponding restrictions. Liu Daoxing believes that the legitimacy of property should have a historical process, otherwise it will cause social chaos.
Solve six problems
The mechanism of "recruiting, shooting and hanging" was introduced for the first time.
Document No.21103 stipulates that the land for development of resettlement houses and commercial houses within the development ratio shall be sold by means of bidding, auction and listing in accordance with relevant regulations. Beyond the proportion of resettlement and development of land into the Municipal People's government unified purchase reserve, the income is divided by the municipal and district people's governments, the proportion shall be stipulated separately by the Municipal People's government.
In recent years, because the land in the village is still in the form of agreement transfer, the disadvantages are very obvious. 103 creatively introduced the mechanism of "bidding, shooting and hanging" into the transformation of urban villages, making the transformation of urban villages more sunny and transparent. Liu Daoxing believes that the government has established a sunshine operation mechanism under the market economy, and the transformation of villages in the city is based on the principle of "fairness, justice and openness" to further prevent corruption and black-box operation.
Solve seven
Reconstruction of Village in City and Marriage of Low-rent Housing
103, article 4 1 clearly stipulates that the land use right transfer fee for supporting the development of commercial housing within the specified resettlement and development ratio shall be drawn from 5% of the low-rent housing construction fund except the part that should be turned over to the state and the province.
Liu Daoxing believes that the transformation of villages in cities and the construction of low-rent housing are seemingly unrelated things, but they are married because of the publication of document 103. The biggest beneficiaries of institutional innovation are low-income citizens who urgently need housing. Although this is only a fresh attempt, the intensity is not obvious enough, but at least we can see the good intentions of the government to protect the middle and low income classes.