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Be. According to the latest requirements of the Ministry of Housing and Urban-Rural Development, in order to strictly implement the relevant requirements of green and low-carbon construction in the county, the height of residential buildings in the county is strictly limited. The new residential buildings in the county are mainly 6 floors, and the proportion of 6 floors and below should not be less than 75%.
After years of development, China's real estate has been greatly improved in terms of house type construction and construction technology, and people's requirements for housing are getting higher and higher, not only requiring spaciousness, but also living comfortably. With the continuous increase of urban population and the increasing demand for urban housing, developers are building higher and higher buildings on limited residential land, and the emergence of high-rise residential buildings has increased the efficiency of land use to a certain extent, and has been sought after by buyers in a certain period.
When people buy a house, they begin to pursue high floors, thinking that high-rise buildings are more high-grade, and high-rise buildings have better air quality, lighting is also better than low-rise buildings, and they are more comfortable in the process of living. However, with the continuous emergence of high-rise residential buildings, various drawbacks of high-rise residential buildings have gradually become prominent, and people have found that the shared area of high-rise residential buildings is large, and the cost of housing has been virtually increased a lot; The second is that too many people live in a certain range, which increases the population density; It is also very important that high-rise residential buildings are aging at a significantly higher rate than multi-storey buildings, and the maintenance costs are higher in the later stage, which gradually makes people change their perception of high-rise residential buildings and gradually reduce their enthusiasm for buying.
[Legal basis].Article 3 of the Property Law.
After enactment, it is an easement) and then transferred. According to the provisions of the current law of the People's Republic of China, the court's handling of this case is appropriate, because the creation of other rights to land between Company A and School B has not been registered, so it does not have the effect of a real right, but the contract between Company A and School B is still valid, and Company A can sue Company B in accordance with the provisions of the Contract Law.
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*In 2022, the state did not refuse to cover high-rise**. However, a series of high-rise buildings will be demolished, including Changchun's "tallest building", Changchun Pearl Tower A, and the "Nanning Hotel" in downtown Nanning.
However, there are areas where the construction of high-rise buildings is still permitted. For example, the Nanning Wuxiang New District Planning Pavilion has a building height of 400 meters and is a future landmark in the area. Therefore, it can be concluded that while some regions impose restrictions on tall buildings, not all regions prohibit the construction of tall buildings.
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It's not that the cover is not allowed, it's the height limit, and the upper limit of the super high-rise is not higher than 500 meters. There are many problems in super high-rise buildings, which are too serious to waste social resources and are easy to aggravate the disease of big cities, so they have begun to make restrictions.
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High-rise buildings can be built in 2022, but in the future, all localities will further reduce the scale of high-rise construction under the norms of "super high-rise landmark buildings". Especially for buildings above 500 meters, the possibility of rebuilding is extremely low. In addition, for the more developed first- and second-tier cities, it is actually possible to continue to build high-rise buildings of more than 100 meters.
It just needs to be fully demonstrated and centralized.
The lifespan of a high-rise building is generally around 70 years. In the case of reinforced concrete structures, the lifespan of large buildings can reach about 80 years. Ordinary civil buildings have a history of about 50 years.
The natural lifespan of a house is closely related to the structure and quality of the house. The state stipulates that reinforced concrete structures are 60 years old and brick-concrete structures are 50 years.
In fact, there is a reason why the lifespan of a house has been set at 70 years, from the original 50 years to the present. Average life expectancy not long ago. Nowadays people buy houses in their 20s and live until they are old without any problems. Thus, the 70-year right to use the house has been established.
Generally, it is not possible to add a layer of water leakage on the top floor of the high-rise building, and the high-rise cover must be approved by the relevant departments, otherwise it is an illegal construction. In addition, the high-rise building is rebuilt, and the safety problems are also large, and there are many uncertainties.
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Legal analysis: the state does not allow the construction of high-rise buildings is a "floor height limit order". The floor height limit order is a restriction on the construction of high-rise buildings in the city, restricting the construction of super high-rise "skyscrapers", and generally not building new buildings of more than 500 meters; The construction industry above 250 meters should strictly restrict new construction; Small cities in China and Latin China should strictly control the construction of new super high-rise buildings (more than 30 floors); The county seat should be dominated by multi-storey (4-6 floors) in the bureau hall.
Legal basis: Opinions on strengthening the green and low-carbon construction of the county》 Article 3 Limit the height of civil buildings in the county. The height of civil buildings in the county should be matched with the fire rescue ability.
The new residential buildings in the county are mainly 6 floors, and the proportion of residential construction area of 6 floors and below should not be less than 70%. Encourage the installation of elevators in new multi-storey residential buildings. The maximum number of new residential buildings in the county is 18 floors.
If it is really necessary to build a residential building with more than 18 floors, it should be strictly and fully demonstrated, and ensure that the construction of fire emergency and municipal supporting facilities is in place. Strengthen the fire safety management of public buildings above 50 meters. The fire resistance level, fire spacing, and plane design of the building should meet the mandatory requirements of fire protection technical standards.
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Legal analysis: In recent years, various localities have continuously strengthened the management of construction projects in infrastructure and other fields, and the level of project safety and quality has been continuously improved. However, there are still some projects that are not strictly managed, and the relevant management regulations are not in place, resulting in a decline in project quality and an increase in potential safety hazards.
In order to further strengthen the management of infrastructure construction projects, adhere to quality first, and ensure the safety of people's lives and property.
Legal basis: Notice of the People's Republic of China on Strengthening the Management of Infrastructure Construction Projects to Ensure the Safety and Quality of Projects
1. Strengthen project review and control.
1) Standardize the procedures for the examination and approval (approval and filing) of the project. In strict accordance with the relevant provisions of the "** Investment Regulations" and the "Regulations on the Administration of Approval and Filing of Enterprise Investment Projects", the examination and approval (approval and filing) procedures for investment projects shall be performed. **Investment projects should be submitted for approval in accordance with relevant national regulations, project proposals, feasibility study reports, and preliminary designs.
Enterprise investment projects shall be subject to approval or filing procedures in accordance with the relevant provisions of the Catalogue of Approved Investment Projects. Projects that fail to perform the examination and approval (approval, filing) procedures and do not meet the prescribed construction conditions shall not start construction.
2) Further strengthen the quality management of the project in the preliminary work stage. The project unit shall improve the quality of the preliminary work of the project and ensure that the depth of the project proposal, feasibility study report, preliminary design, project application report and other documents meets the specified requirements. In the planning and site selection stage, the project site selection scheme should be optimized, and sensitive areas with greater risks should be avoided as much as possible.
The feasibility study report should conduct in-depth analysis and evaluation of major problems related to the safety and quality of the project, and put forward a response plan. The preliminary design should strictly implement the mandatory standards for engineering construction, put forward safety and quality protection measures, and put forward corresponding requirements for the construction plan.
3) Strictly control the review of super high-rise buildings. Strictly implement the Notice of the Ministry of Housing and Urban-Rural Development and the National Development and Reform Commission on Further Strengthening the Management of Cities and Architectural Features, and manage super-large public buildings, super high-rise buildings and buildings in key areas as major urban construction projects. Among them, for buildings above 100 meters, the approval system for seismic fortification of overrun high-rise building projects should be strictly implemented, which is appropriate for the scale and spatial scale of the city and matches the fire rescue capacity; Strictly restrict the construction of new buildings of more than 250 meters, and if it is really necessary to build, it is necessary to review the construction plan in combination with fire protection and other special demonstrations, and report to the Ministry of Housing and Urban-Rural Development for the record; No new super high-rise buildings of more than 500 meters are allowed.
4) Implement the project decision-making consultation and evaluation system. If the project approval (approval) department shall entrust consultation and evaluation in accordance with relevant provisions when approving (approving) the project, it must first complete the entrusted consultation and evaluation procedures before making an approval (approval) decision. The evaluation agency should strengthen the assessment of the safety and quality of the project, assume responsibility for the evaluation and demonstration opinions issued, and the investment department should strengthen the evaluation and management of the evaluation quality.
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Legal analysis: According to the national policy, as long as certain conditions are met, an application for building a house can be submitted, and construction can be started after approval.
Legal basis: "Land Management Law of the People's Republic of China" Article 44 Where the construction occupies land, involving the conversion of agricultural land into construction land, the approval procedures for the conversion of agricultural land shall be handled.
If the permanent basic farmland is converted into construction land, it shall be approved by ***.
Within the scope of the scale of construction land in cities, villages and market towns determined in the overall land use plan, if the agricultural land other than the permanent basic farmland is converted into construction land for the purpose of implementing the plan, it shall be cancelled in batches according to the annual land use plan in accordance with the provisions of the first batch and approved by the organ that originally approved the overall land use plan or the organ authorized by it. Within the scope of the approved conversion of agricultural land, the land for specific construction projects can be approved by the city and county people.
Outside the scope of the scale of construction land in cities, villages and market towns determined in the overall land use plan, the conversion of agricultural land other than permanent basic farmland into construction land shall be approved by the people of the province, the autonomous prefecture and the municipality directly under the Central Government.
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Legal analysis: 1. It is not that it is not allowed to be built, but that there are restrictions. The state recently issued the "Notice on Strengthening the Management of Infrastructure Construction Projects to Ensure the Safety and Quality of Projects", which clearly restricts the construction of new buildings of more than 250 meters, and if it is really necessary to build, it is necessary to review the construction plan in combination with special demonstrations such as fire protection, and report to the Ministry of Housing and Urban-Rural Development for the record; No new super high-rise buildings of more than 500 meters are allowed.
Legal basis: Notice of the National Development and Reform Commission on Strengthening the Management of Infrastructure Construction Projects to Ensure the Safety and Quality of Projects》 (3) Strictly control the review of super high-rise buildings. Strictly implement the "Notice of the Ministry of Housing and Urban-Rural Development and the National Development and Reform Commission on Further Strengthening the Management of Cities and Architectural Features", and manage super-large public buildings, super high-rise buildings and buildings in key areas as major urban construction projects.
Among them, for buildings above 100 meters, the approval system for seismic fortification of overrun high-rise building projects should be strictly implemented, which is appropriate for the scale and spatial scale of the city and matches the fire rescue capacity; Strictly restrict the construction of new buildings of more than 250 meters, and if it is really necessary to build, it is necessary to combine fire protection and other special demonstrations to review the construction of filial piety and absolute construction, and report to the Ministry of Housing and Urban-Rural Development for the record; No new super high-rise buildings of more than 500 meters are allowed.
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Legal analysis: The Ministry of Housing and Urban-Rural Development also jointly issued a "height limit order", new buildings of more than 100 meters need to go through strict fire protection, earthquake resistance and other design demonstrations, especially mentioned that small and medium-sized cities should strictly control super high-rise buildings, speaking very harshly, if you have no choice, you can not build high-rise buildings.
Legal basis: Construction Law of the People's Republic of China
Article 1 In order to strengthen the supervision and management of construction activities, maintain the order of the construction market, ensure the quality and safety of construction projects, and promote the healthy development of the construction industry, this law is formulated.
Article 2 Engaging in construction activities within the territory of the People's Republic of China and implementing the supervision and management of construction activities shall comply with this Law.
The term "construction activities" as used in this Law refers to the construction of all kinds of housing buildings and their ancillary facilities and the installation of lines, pipelines and equipment supporting them.
Article 3 Construction activities shall ensure the quality and safety of construction projects, and comply with national construction safety standards.
Article 4 The State supports the development of the construction industry, supports the research of building science and technology, improves the level of housing architectural design, encourages energy conservation and environmental protection, and advocates the use of advanced technology, advanced equipment, advanced technology, new building materials and modern management methods.
Article 5 Engaging in construction activities shall comply with laws and regulations, and shall not harm the public interest and the legitimate rights and interests of others.
No unit or individual may obstruct or obstruct construction activities carried out in accordance with the law.
Sixth construction administrative departments of the national construction activities to implement unified supervision and management.
Article 7 Before the commencement of the construction project, the construction unit shall, in accordance with the relevant provisions of the State, apply to the people's construction administrative department at or above the county level where the project is located to obtain a construction permit; However, the exception is for minor works below the limit determined by the construction administrative department.
Construction projects that approve the commencement report in accordance with the authority and procedures specified in the *** will no longer receive a construction permit.
Article 8 To apply for a construction permit, the following conditions shall be met:
A) has gone through the approval procedures for the construction project land;
B) in accordance with the law shall handle the construction project planning permit, has obtained the construction project planning permit;
3) If it is necessary to demolish, the demolition progress meets the construction requirements;
4) The construction enterprise has been determined;
5) There are financial arrangements, construction drawings and technical information to meet the needs of the construction;
6) Specific measures for the quality and safety of the project.
Construction administrative departments shall, within seven days from the date of receipt of the application, issue a construction permit to eligible applications.
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