-
Article 57 of the Land Management Law stipulates that temporary land shall be examined and approved by the ** land department at or above the county level, and the ** land department above the county level here refers to the land and resources bureau at the next higher level, and the sub-bureau does not have the authority to approve it.
57th construction project construction and geological exploration need to temporarily use State-owned land or land owned by farmers' collectives, approved by the people's land administrative departments at or above the county level. Among them, the temporary land in the urban planning area shall be approved by the relevant urban planning administrative departments before being submitted for approval. Land users shall, in accordance with land ownership, sign a contract for the temporary use of land with the relevant land administrative departments or rural collective economic organizations and villagers' committees, and pay compensation for the temporary use of land in accordance with the contract.
The user of the temporary use of the land shall use the land in accordance with the use agreed in the temporary use of the land contract, and shall not build permanent buildings.
The term of temporary use of land is generally not more than two years.
Interpretation] This article is about the provisions of temporary land use.
First, the construction of construction projects and geological exploration needs to use land temporarily, approved by the people's land administrative departments at the county level. Temporary land in the urban planning area, before submitting for approval, shall be approved by the competent administrative department of urban planning, temporary land shall be signed a temporary land contract, temporary land shall not be built permanent buildings, temporary land period of two years.
Second, the temporary land shall be approved by the people's land administrative departments at or above the county level. Temporary land use refers to the temporary use of land required for some temporary projects and temporary facilities during the construction process or in the process of exploration and survey. It has the following characteristics:
1 Temporary land use does not change the nature of the land use. That is, if the land used for the original land is construction land, it is still construction land, and if it was originally agricultural land, it is still agricultural land. Therefore, those who use agricultural land temporarily do not need to go through the procedures for the conversion of agricultural land. Resume its original use after use.
2. Temporary land use does not change land ownership. That is, the ownership and use rights of the original land do not need to be changed. Those who use peasant collective land do not need to go through land requisition, and those who use state-owned land do not need to go through the formalities of allocation or paid use, but only need to sign a contract for the temporary use of land, and give certain compensation to the land owner and the original land use right holder.
3. After the approval of the temporary land, the temporary land use contract shall be signed, and the loss of the owner of the land and the original user shall be compensated. At the end of use, the user shall be responsible for restoring the original appearance. and handed over to the land user or landowner.
4 Temporary land refers to the temporary use of vacant, agricultural and unused land in the city. It does not include the use of land caused by the use of existing buildings and structures. If the original buildings and structures are used, the method of leasing shall be adopted.
-
Temporary land refers to the land owned by state-owned or peasant collectives that needs to be used temporarily for engineering construction and geological exploration, or is no longer needed after the completion of construction or exploration, including land used for temporary construction or other facilities.
-
Temporary construction shall be carried out in the planning area of the city or town, and the people of the city or county shall be carried out
The township planning department approved the DAO approval. Temporary construction shall not be approved if it affects the implementation of the recent construction plan or the regulatory detailed plan, as well as transportation, city appearance, safety, etc.
1. Article 44 Temporary construction in the urban or town planning area shall be subject to the approval of the competent department of urban and rural planning of the city or county. Temporary construction shall not be approved if it affects the implementation of the recent construction plan or the regulatory detailed plan, as well as transportation, city appearance, safety, etc.
Temporary structures shall be dismantled within the approved period of use.
Specific measures for the planning and management of temporary construction and temporary land use shall be formulated by the people of provinces, autonomous regions and municipalities directly under the Central Government.
2. Article 66 If the construction unit or individual commits any of the following acts, the competent department of urban and rural planning of the city or county shall order it to be demolished within a time limit, and may be fined less than one time the cost of the temporary construction project
1) Temporary construction without approval;
2) Failure to carry out temporary construction in accordance with the approved content;
3) Temporary buildings and structures are not demolished beyond the approved time limit.
3. Article 68 After the competent department of urban and rural planning makes a decision to order the construction to be stopped or demolished within a time limit, if the parties do not stop the construction or do not demolish it within the time limit, the local people at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing the construction site and compulsory demolition.
4. Article 69: Where violations of the provisions of this Law constitute a crime, criminal responsibility shall be pursued in accordance with law.
-
Summary. The compensation standard for temporary land occupation is generally based on factors such as land type, annual land output value, land location registration, agricultural land grade, per capita cultivated land, land supply and demand, local economic development level and minimum living standard guarantee for urban residents, and then the standard for comprehensive calculation of land acquisition compensation according to the division of the area.
1) Approve the compensation standard for temporary land borrowing.
If the cause of the temporary land occupation is that the compensation for the temporary land borrowing needs to be approved due to the construction of the project, then the compensation items for the temporary land generally include: seedling fee, loss of annual output value of crops, loss of output value during the period of soil fertility restoration after returning to cultivation, and if the borrowing unit is unable to return the land, it shall also pay the return fee according to the degree of damage to the cultivated land.
The cost of borrowing land for project construction shall be calculated in accordance with the compensation fee for seedlings in the area, and shall be compensated according to the length of the land borrowing time (see the attached table for details). The standard of the seedling fee shall be implemented in accordance with the existing regulations.
Temporary borrowing of non-cultivated land shall be compensated by half of the seedling fee in the district (county) where it is located, and the damage caused to the attachments on the ground shall be calculated according to the value.
Hello wait. The compensation standard for temporary land occupation is generally based on factors such as land type, annual output value of land, land location registration, grade of agricultural land, per capita amount of cultivated land, land supply and demand, local economic development level and minimum living standard guarantee for urban residents, and then according to the division of the area for comprehensive calculation of land acquisition compensation. (1) If the reason for the approval of temporary land borrowing is that the compensation for temporary land borrowing needs to be approved due to the construction of the project, then the compensation items for the temporary land generally include:
If the seedling fee, the annual output value of the potato cover crop is lost, the output value is lost during the restoration period after the cultivation is returned, and if the land is not able to be returned to the cultivated land, the cultivation fee shall also be paid according to the degree of damage to the cultivated land. The cost of borrowing land for project construction shall be calculated in accordance with the compensation fee for seedlings in the area, and shall be compensated according to the length of the land borrowing time (see the attached table for details). The standard of the seedling fee shall be implemented in accordance with the existing regulations.
Temporary borrowing of non-cultivated land shall be compensated by half of the seedling fee in the district (county) where it is located, and the damage caused to the attachments on the ground shall be calculated according to the value.
-
Answer] Article 44 of the :d Urban and Rural Planning Law (2019 Amendment) stipulates that temporary construction in urban and town planning areas shall be approved by the urban and rural planning department of the city and county people. Temporary construction shall not be approved if it affects the implementation of the recent construction plan or the regulatory detailed plan, as well as transportation, city appearance, safety, etc.
Temporary construction shall be dismantled within the approved period of use. Specific measures for the management of temporary construction and temporary land use planning sources shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
-
Summary. Yes.
According to the processing time limit, 13 working days to apply for the object of eligibility. Issuance of the "Construction Project Planning Permit" for temporary construction projects
The applicant shall provide materials: (1) the application report, (2) the relevant land certification materials, and (3) the building plan.
Do I need to apply for a temporary building permit for the construction of temporary buildings on the commercial land of the construction unit between the buildings?
If necessary, apply for the qualification of the object within 13 working days according to the processing time limit. The applicant shall provide materials for the issuance of the "Construction Project Planning Permit" for temporary construction workers, (2) the declaration of noise and auspiciousness, (2) the relevant land certification materials, and (3) the construction promotion plan.
If your temporary building is a stand-alone project, you will need to go through the relevant filing procedures with the Urban Renewal Authority.
I have already applied for a land use right certificate and a construction planning certificate, do I still need to apply for a temporary construction permit?
Then you don't need to.
I thought you hadn't done it before.
If the temporary one has not applied for a construction planning permit, but has the right to use the land, does it need to apply for a temporary building planning permit?
It depends on what kind of building you are building, housing or temporary small buildings, and you don't need it.
It was dismantled by itself a year after the temporary color steel structure! Shelter from the wind and rain!
Then this one is not in the way, as long as it does not hinder passers-by or neighbors, it will be fine if they do not come to the chengguan.
Is there a legal support?
Laws? You have not already applied for a land use right certificate and a construction planning certificate.
Why are you talking a little incoherently?
The temporary buildings built have land use rights certificates, which are empty on the planning permit!
You don't understand what I mean, if you are temporarily building a small color steel structure, not a scaffolding, you don't need to apply for a temporary permit at all, don't worry about it.
In fact, as long as you get used to the formation, the general building is also in formation, don't forget to build troops and upgrade technology when you fight. >>>More
Artificial structures that generally have, contain, or provide human habitation functions are called buildings. For example, civil buildings, industrial buildings, etc. >>>More
Buildings can be built by installing windproof cables, adding hammers, and optimizing insulators. >>>More
The former is only monitoring and measurement, and the latter is managed on the basis of monitoring and measurement data. In fact, this is just a statement, many companies these two systems are actually a set of systems, if you only monitor and do not manage, it is one less system for management and related control devices, so that the cost is less. >>>More
High-rise buildings, copper walls and iron walls, crumbling, crooked, dangerous, brilliant, magnificent, magnificent.