Beijing Rural and Urban Planning Regulations Second Instance: Compulsory Dismantling of Violated Audio-visual Records

category:Global
 Beijing Rural and Urban Planning Regulations Second Instance: Compulsory Dismantling of Violated Audio-visual Records


The Beijing Rural and Urban Planning Regulations (Revised Draft) was submitted to the 11th Session of the Standing Committee of the 15th National Peoples Congress of Beijing for second instance on February 28. Reporters learned from the meeting that the second review proposed the establishment of responsible planners and rural planners system. At the same time, the second review of the revised draft proposed that the costs of compulsory demolition or backfilling in illegal construction should be borne by the parties involved in illegal construction.

Implementing the System of Responsible Planners and Rural Planners

Hao Zhilan, chairman of the Beijing Municipal Peoples Congress Urban Construction and Environmental Protection Committee, introduced that the second draft of the draft added a clear system of responsible planners and rural planners in the city, which was expressed as: The city promotes the system of responsible planners and rural planners, giving full play to its role in improving planning level, guiding planning implementation and promoting public participation. Specific measures shall be formulated by the Municipal Administration of Planning and Natural Resources.

Reporters learned that in this years Beijing Municipal Government work report, it also proposed building a think tank of urban management experts, implementing the system of responsible planners and designers in urban renewal and beautiful rural construction, and improving the professional level of street and township governance.

In August 2017, Responsible Planner took the lead in the pilot project in Dongcheng. Twelve well-known design institutes and universities, such as China Planning Institute, Tsinghua Tongheng University and Beijing University of Technology, sent teams of 2 to 3 responsible planners to 17 streets in the whole city to participate in the design and implementation of streets and alleys. In May last year, it began to promote in the whole area of Dongcheng. In addition, Haidian and other districts began to pilot the responsibility planner system last year.

Detailed planning for core districts can be organized by the municipal government.

In the second review of the revised draft, the municipal government shall organize the compilation of regulations for capital functional core districts and urban sub-centers. The first review of the revised draft only proposes that the regulatory detailed planning of the capital functional core area and the urban sub-center shall be prepared by the municipal planning and land administration department in conjunction with the local peoples government.

The relevant examination and approval procedures have also been revised in the second draft. According to the needs, the regulatory detailed planning of the capital functional core area and the urban sub-center shall be submitted to the central government for approval or to the municipal peoples government for approval.

The second draft also adds provisions for the registration of village planning by the Standing Committee of the District Peoples Congress after examination and approval.

At the same time, it is stipulated that urban design of plots should be compiled in key areas, and control requirements should be put forward for architectural form, public space, ecological landscape, cultural heritage and other elements; other areas should be controlled in accordance with the general principles of urban design.

Promoting the Organic Renewal of Cities

In the second draft review, the new ideas and requirements of the new version of the General Plan are further implemented and the guiding ideology and principles of urban and rural planning are improved. It is suggested that the provisions of Strengthening the overall planning of urban and rural areas and comprehensively promoting the integrated development of urban and rural areas be added to Article 4 of the Bill, and that the rigid constraints of carrying capacity of resources and environment be added to Article 5, paragraph 2, of the Bill to optimize and enhance the functions of the capital. Moving city organic renewal and so on.

According to the introduction, in the first review of the revised draft, the requirements for implementing the urban master plan were increased, and it was proposed that the urban master plan was the basic basis for urban development, construction and management. Beijing has established a multi-dimensional land and space planning management and control system under the leadership of the overall urban planning, and coordinated all levels of planning. At the same time, it is proposed that the upper limit of total population, ecological control line and urban development boundary should be strictly observed.

Reporters learned that for promoting the organic renewal of the city, some districts are already implementing. At the beginning of this year, the fifth session of the 16th National Peoples Congress of Dongcheng District proposed that 17 streets in Dongcheng should be divided into 81 first-class blocks and 140 second-class blocks, and classified measures should be taken to carry out urban renewal. Generally, it will be divided into traditional bungalow area and general built area. Among them, the traditional bungalow area is about 16.2 square kilometers, which can be divided into four categories: busy commercial area, public leisure area, public service area and residential area. Generally, the built-up area is about 25.6 square kilometers, which can be divided into six categories: government office area, financial business area, public leisure area, public service area, transportation hub area and residential area.

On August 20, 2018, the western side road of Lianhua River was renovated.

Focus 1 The party who violates the construction shall be informed of the decision of forced demolition

Reporters learned that the second review of the revised draft strengthened the norms of law enforcement behavior, stipulating that law enforcement agencies should inform the parties involved in illegal construction when making a decision on compulsory demolition.

Hao Zhilan introduced that according to the relevant requirements of Guidance Opinions of the General Office of the State Council on Implementing the Recording System of the Whole Process of Administrative Law Enforcement and Publicity and Legal Audit System of Major Law Enforcement Decisions, the second draft of review added When law enforcement agencies implement supervision and inspection, they should show their law enforcement certificates on their own initiative, show their identities to the parties and relevant personnel, and record the whole process of law enforcement. u201d Law enforcement agencies shall record the whole process of seizure or compulsory demolition with audio-visual recordings.

At the same time, the second paragraph of Article 61 of the Bill is amended to read: If the law enforcement organ makes a decision on compulsory demolition, it shall inform the party who violates the law of construction. If it advocates the residual value of illegal construction after demolition, it shall make a written statement before compulsory demolition and dispose of it by itself within a limited period of time. The party who violates the law of construction has not made a written statement in advance or has not made a written statement in If the disposal is completed within a limited period of time, the law enforcement organs may clean it up.

Focus 2 Dismantling expenses to be borne by the parties

Hao Zhilan introduced that according to the relevant laws and regulations such as legislation law, administrative compulsory law, administrative penalty law, urban and rural planning law, he suggested that the relevant provisions of legal liability should be further amended and improved.

The second draft review stipulates that for illegal construction under construction or excavation, the law enforcement organs shall order the parties involved in illegal construction to stop construction immediately, demolish or fill back by themselves, and restore the status quo; and may seal up the illegal construction site and seize the illegal construction tools and materials. If a party refuses to stop construction or refuses to demolish or fill back, the law enforcement organ shall immediately force demolition according to law.

At the same time, it is stipulated that the law enforcement organs shall order the parties involved in illegal construction to dismantle or fill back within a time limit, and that if the parties involved in illegal construction fail to dismantle or fill back within the time limit, the law enforcement organs shall urge the parties to fulfill their obligations according to law. If, after being urged, the parties still fail to perform within the time limit, the law enforcement organs shall implement such measures as compulsory demolition and backfilling according to law.

The cost of compulsory demolition or backfilling illegal construction and its safety appraisal, the cost of cleaning, transporting and disposing construction waste, and the cost of keeping related articles shall be borne by the parties involved in illegal construction. If the party fails to pay the overdue payment, the law enforcement organ may impose a fine for overdue payment according to law. If the administrative organ imposes an additional late fee for more than 30 days and the party concerned is still not performing after being urged to do so, it shall apply to the peoples court for compulsory execution in accordance with the law.

Focus 3 Fines for unauthorized alteration of building use double

The second review of the revised draft stipulates that if, after the construction project is put into use, the construction unit or owner changes the use of the land without authorization in violation of the regulations on the control of the citys planned use, the administrative department of planning natural resources shall order the parties concerned to make corrections within a time limit and impose a fine of twice the amount of the land price of the land-use right that should be paid according to the actual use type; if the circumstances are serious, the land-use right shall be collected gratuitously. The right to return to land use.

In addition, it is stipulated that if the construction unit fails to construct according to the standard construction drawing design documents or undertakes construction projects without planning permission, the housing and urban and rural construction administrative department shall impose a fine of more than 2% and less than 4% of the project contract money; if the circumstances are serious, it shall be ordered to suspend business for rectification, reduce the qualification level or revoke the qualification certificate.

Focus 4 Illegal parties or included in the list of dishonesty

If the draft of the second instance proposes that the law enforcement organ apply to the Peoples Court for compulsory execution, the Peoples Court shall make a ruling according to law, and may issue a consumption restriction order according to law, and include it in the list of those who are dishonest to be executed.

On March 23, 2018, workers demolished an illegal building in New Culture Street.

Any individual who obstructs the law enforcement organs from performing their duties according to law or conceals, transfers, sells or destroys the seized or seized property shall be punished in accordance with the provisions of the Law of the Peoples Republic of China on Administrative Penalties for Public Security.

At the same time, it is stipulated that if illegal construction damages the ecological environment and the protection of resources and other social and public interests, the organs and relevant organizations prescribed by law may institute civil public interest litigation against the parties and investigate their liability for damages.

Source: Xu Meng-NN7485, Responsible Editor of Beijing Newspaper