All town (street) governments (offices) and organs directly under Huadu District:

Implementation Rules of Management of Approval and Construction of Rural Homestead and Residence in Huadu District (Trial) have been approved by Huadu District People’s Government and are hereby issued to you for your compliance and implementation. Problems encountered in the implementation shall be directly reported to Huadu District branch of the Guangzhou Municipal Planning and Natural Resources Bureau and Bureau of Agriculture and Rural Affairs of Huadu District.

Office of Huadu District People’s Government of Guangzhou

December 22, 2021

Implementation Rules of Management of Approval and Construction of Rural Homestead and Residence in Huadu District

(Trial)

In order to further strengthen the management of approval and construction of rural homestead and residence in Huadu District, and implement in an in-depth manner the requirements of the central, provincial and municipal governments on deepening the reform of rural homestead management system and strengthening the management of rural residence construction, according toLaw of the People’s Republic of China on Land Administration, Notice of Ministry of Agriculture and Rural Affairs and Ministry of Natural Resources on Standardizing Management of Approval of Rural Homestead (Nong Jing Fa [2019] No. 6), Notice of Department of Agriculture and Rural Affairs of Guangdong Province and Department of Natural Resources of Guangdong Province on Standardizing Management of Approval of Rural Homestead (Yue Nong Nong Gui [2020] No. 3), Implementation Opinions of General Affairs Office of Guangzhou Municipal People’s Government on Strengthening the Management of Rural Residence Construction (Sui Fu Ban Gui [2020] No. 18) and other regulations, these Implementation Rules are formulated in light of the realities of Huadu District.

I. Basic principles

Adhering to the basic principles of problem orientation, categorized implementation of policies, revitalizing the stock, and joint governance and management, all organs shall strengthen cooperation and jointly do a good job in the management of approval and construction of rural homestead and residence, so as to meet the housing needs of farmers.

II. Scope of application

These Implementation Rules shall be applicable to management of application made by rural villagers for homestead, withdrawal and transfer of homestead, and house building, rebuilding, expansion and reconstruction on homestead (hereinafter referred to as villagers’ house construction).

The “homestead” herein refers to the collective construction land used by rural villagers for the construction of residences and ancillary facilities, including such lands as houses, ancillary houses, and courtyards.

The “rural villagers” herein refers to the members of rural collective economic organizations in Huadu District.

III. Verification standard of “one homestead for one household” (one household gets only one homestead)

(I) Recognition of “one household”.

Those meeting any of the following circumstances shall be recognized as “one household”:

1. The husband and wife and their children who live with them and have not reached the legal marriageable age shall be deemed as one household.

2. In case of more than one child, one of them shall share a household with his/her parents, and the other(s) can apply for household division when reaching the legal marriageable age or after getting married.

3. For families with a single child, the child can either continue to share a household with his/her parents or form a separate household after getting married.

4. If one is divorced, has no house, remarries and his/her new spouse has no house, they can be one household.

“Household” is recognized based on the applicant and his/her family members. In addition to the existing laws and regulations, verification of “one household” shall be based on the principles of “fairness, justice, no excessive occupation and no omission”, in view of the diverse and complex issues left from history. Family members mainly refer to the applicant’s parents, spouse and child(ren). If adjustment of a household is involved, appropriate extension to grandfather and grandchildren can also be considered. For jointly-owned homesteads, extension can be made to the corresponding family members of the co-owners. Special cases shall be studied and solved in accordance with the above principles.

(II) Verification of “one homestead for one household”.

Theverification of “one homestead for one household” is based on the total number of both homesteads legally registered by the applicant and his/her family members and their unapproved agricultural houses that have been verified by investigation, which shall conform to “one homestead for one household” after overall in-household adjustment. That is, as long as the quantity of in-household house construction qualifications is greater than or equal to the quantity of houses actually owned, such case can be regarded as conforming to the policy of “one homestead for one household”. The specific recognition process is as follows: the villagers shall declare to the village collective economic organization by themselves and, if no objection is made after publicity, the said organization shall make report to the village committee for review and opinions issuance; then the applicant shall provide the household register and identity certificate of family members for report to the town people’s government or the street office (hereinafter referred to as the town (street)) for review and confirmation.

(III) Other circumstances.

If the household (family members) of an applicant has multiple house building qualifications, and the members therein are not living separately, or intending to live together in the completed residence, provided that the residence’s actually used homestead does not exceed the standard for the total area of house building land after household division, and that its actually used building area does not exceed the standard for the total building area of house building after household separation, on the condition of consistency with the overall style of the village or coordination with the overall surrounding environment after renovation, such case can be regarded as the combined house construction by multiple households, and hence each of such households can be recognized as “one homestead for one household”. For combined house construction by multiple households, the applicant shall not apply for a new homestead or apartment house until other family members meet the conditions for new household division.

For the case of “one household with multiple homesteads” formed in the past, where the applicant applies for building a house on the homestead of which he/she has ownership certificate, if the applicant and his/her family members promise to “freeze” other land for building a house of which they have ownership certificate or to return the land of which they have no ownership certificate to the collective, and thereby meeting the recognition conditions for “one homestead for one household”, such can also be recognized as meeting the recognition conditions of “one homestead for one household”. If the conditions of “one homestead for one household” are met through such ways as adjustment, withdrawal and freezing, the town (street), village and other organs at all levels shall jointly do a good job in account management, and the withdrawn homestead shall be returned to the village for centralized management and distribution; the adjusted and frozen homestead shall not be used for construction until it meets the conditions for new household division.

If a child applies for construction using the homestead of his/her deceased parents, he/she shall go throughreal estate inheritance and transfer registration procedures, and shall meet the verification standard of “one homestead for one household”. However, if the house structure is damaged and does not meet the requirements for the house inheritance procedures, on the premise that the applicant meet the collective membership of his/her village, “one homestead for one household” and other building conditions and hold the ownership certificate of the original land or house, the minutes of the meeting of the village and cooperative representatives who have voted to consent the use of the homestead, the agreement signed by all the heirs with the inheritance right as witnessed by the village and cooperative and confirmed by signature and seal, the letter of commitment issued by the applicant for promising to handle the transfer registration according to regulations after the completion of the house, etc., the land intended for building the house can be verified with reference to the above principles. If it meets the requirements of “one house for one household”, application can be made for planning and construction in advance.

(IV) Negative list of “one homestead for one household”.

Under any of the following circumstances, it is not allowed to apply for newly building rural residence or buy villager apartment house:

1. Not meeting the conditions for household separation.

2. “One household with multiple residences”.

3. Selling, renting or gifting the original residence to others.

4. Each single household that has been regarded as combined house construction by multiple households and recognized as “one homestead for one household”.

5. Violating the policy of “building new buildings while dismantling the old one” and failing to return the old homestead to the collective economic organization.

IV. Rural residence construction standards

(I) Rural homestead building standards.

1. Building area standard.

Newly approved rural homestead: the base area of each building shall be controlled within 80 square meters, and the total building area shall be controlled within 280 square meters. In case of applications for house construction by multiple households, the building base area shall not exceed the standard for building base area of each household, and the total building area shall not exceed the corresponding standard for total building area after household division.

Homestead with certificate: for reconstruction on the original site of dangerous houses (brick- and wood -structure houses and stock residence appraised as seriously damaged houses or locally or entirely dangerous houses), with the building base area of each household not exceeding the area stated on the homestead certificate and the total building area controlled within 280 square meters,the building area and height of the original houses with legal property rights shall not be increased, the base area shall not be expanded, the relationship between the land, and its four-direction boundaries shall not be changed, and the total building area shall not exceed 280 square meters. If application is made for combined house construction by multiple households, the building base area shall not exceed the area stated on the homestead certificate, and the total building area shall not exceed the corresponding standard of the total building area after household division.

2. Building floors and height standards.

The number of building floors of each household shall not exceed 3. Staircase and functional rooms can be added on the top floor according to functional needs. The height of a three-story building shall not exceed 11 meters; in case there is staircase and functional rooms on the roof, the building height shall not exceed 14 meters. For combined house construction by multiple households, on the condition of consistency with the overall style of the village or coordination with the overall surrounding environment after renovation, the number of building floors shall not exceed 6, and the building height shall not exceed 22 meters.

Demolition and construction in building control zones of protected buildings such as famous historical and cultural villages, traditional villages or historical buildings shall conform to requirements on number of building floors and height as determined by corresponding protection plans or measures.

3. Building setback spacing standard.

For newly planned villagers’ residential buildings lower than 14 meters, the building spacing shall not be less than 6 meters in the main direction and not less than 2 meters in the secondary direction (except for construction of terraced house). Rebuilding and expansion of current villagers’ residence shall not affect the safety of adjacent houses. Based on the center line of the road, the buildings setback spacing in the direction to the road shall not be less than 2 meters. Based on the land boundary, buildings setback spacing in other directions shall not be less than 0.6 meter (except for the construction of terraced house). Also the following three points shall be clarified: (1) In principle, laneways shall not be identified as a road, and the road designated in the village planning scheme shall serve as the identification basis as appropriate; (2) The land boundary shall be verified based on the laneways centerline; (3) In combination with the site conditions, more habitable ventilation and lighting effects shall be made as far as possible, which shall not be lower than the requirements ofCode for Fire Protection and Prevention of Rural Area (GB 50039-2010). If the building is higher than 14 meters, it shall comply with the code for fire protection design of buildings.

4. Standards for addition, rebuilding and expansion of buildings.

For addition, rebuilding and expansion of buildings, the original house shall reach the construction standards specified in points 1 and 2, Provision (I) of Article 4 herein, meet the safety requirements on house structure, and come with a house safety appraisal report. If the above construction standards are not met, relevant rectification or punishment opinions from the comprehensive law enforcement organ shall be obtained and concluded as required.

5. Rural housing design and style control standards.

The new construction, rebuilding, addition, expansion and reconstruction of houses shall be designed according to the overall style and features of the village, in compliance with local conditions and with reference to the design atlas of district level village houses, so as to form a coordinated and harmonious design and construction style of rural houses. If the construction is not carried out in accordance with the construction application and approval drawings, it shall be stopped immediately once found, where the comprehensive law enforcement organ shall issue a work suspension notice. After the approval organ makes reviews and concludes that the specification requirements are met, the construction can continue with records filed. However, if the specification requirements are not met, rectification shall be made before construction resumption can be approved.

Construction in construction control zones of famous historical and cultural villages, traditional villages or historical buildings shall meet the construction control requirements specified in protection plans or measures, keep consistent with the historical features in terms of volume and color, and shall not harm the traditional pattern and historical style. Along the main traffic lines or within the scope of the demonstration area for improving the style of rural housing management and control in Huadu District, the color and style of rural housing design shall be consistent with the architectural style of surrounding rural housing.

(II) Construction standard for villager’s apartment buildings.

The construction of villager’s apartment buildings shall first take into account the needs of households with insufficient housing due to historical reasons and newly divided households. It shall be done in such a way as to adapt measures to local conditions and achieve centralized layout, realize the principles of saving and intensive land use and facilitation of production and life, and carry out centralized construction according to standards for urban residential quarters. Villagers of each household can choose residence with one or more apartments, and the total construction area applied for by each household shall be controlled within 280 square meters. Construction of villagers’ apartment house shall try to take into account arranging parking spaces for agricultural machinery (vehicles) and tool equipment room for each household on the first or underground floor. In the construction of villagers’ apartment buildings, some apartments can be reserved for application by new households in the village. Before distribution, the village collective economic organization (determined by the subject of investment and construction) shall serve as the owner for ownership confirmation and registration. Sales to people or organizations outside the village shall be strictly prohibited.

(III) Maintenance standards.

In case of maintenance, planning approval procedures are not required if the following conditions are met:

1. Reasonable internal adjustment of story height, which shall not be used as the basis for change of building area on the real estate certificate.

2. For non-heritage sites, non-historical buildings, non-traditional buildings and those not in the pre-protection scope, replacement of materials of original sloping roof, change of the house roof structure or change of sloping roof to a flat one, which shall not exceed the cornice height of the original sloping roof of the house.

3. Merely addition of beams, columns and other structures inside the house for reinforcement, replacement of the floor or demolition or rebuilding of stairs inside the house, which shall not affect the external facade of the house.

4. Raising or lowering of the indoor platform by no more than 0.45 meter in compliance with the architectural design code.

5. For non-heritage sites, non-historical buildings, non-traditional buildings and those not in the pre-protection scope, replacement of the external wall finish materials, doors or windows without changing the position and size of the doors and windows of the house.

Cultural relics protection sites or historical buildings, traditional style buildings, those in the pre-protection scope, and other protected buildings or maintenance projects that change the structural safety shall be handled in accordance with relevant regulations on protection of cultural relics and famous historical and cultural cities.

V. Management requirements and procedures of rural residence construction

(I) Villages in city and villages to be relocated.

1. Villages that have been included in the three-year action plan for urban renewal, relocation plan or major projects.

(1)Construction management requirements.

Implementation shall be made according toGuangzhou Urban Renewal Measures (Order No. 134 of Guangzhou Municipal Government), Notice of the General Office of Guangzhou Municipal People’s Government on Issuing Supporting Documents for Guangzhou Urban Renewal Measures (Sui Fu Ban [2015] No. 56), Notice of the General Office of Guangzhou Municipal People’s Government on Issuing the Detailed Rules for Implementation of Guangzhou’s In-depth Promotion of Urban Renewal (Sui Fu Ban Gui [2019] No. 5) and other regulations. For construction of apartment buildings to meet villagers’ housing needs as required by the urban renewal plans and implementation schemes, no new land for villagers’ residence shall be increased, but the maintenance can be performed on existing residences. Before the transformation implementation plan is approved, villagers who have dangerous houses and meet the requirements of “one homestead for one household” are allowed to reconstruct the dangerous houses on the original sites; immovable cultural relics or historical buildings, traditional style buildings, pre-protected objects and other protected buildings, dangerous buildings shall be treated, protected and repaired.

(2)Construction management procedures.

Maintenance shall be carried out in accordance with the “maintenance standards” in Provision (III) of Article 4 herein.

For reconstruction on the original site of dangerous houses (brick- and wood -structure houses and stock residence verified as seriously damaged houses or locally or entirely dangerous houses), villagers can apply to the district planning and natural resources organ for construction project planning permit for the reconstruction on the original site of dangerous houses. The reconstructed residence shall be controlled within the original legal property right building area and the original base scope, and the nature of use shall not be changed. If the protection scope of cultural relics protection sites and construction control zones are involved, relevant regulations on cultural relics protection shall be followed.

2. Villages not included in the three-year action plan for urban renewal, relocation plan and major projects for the moment.

(1)Construction management requirements.

The residence for newly divided households in the relocated village shall be solved by way of building apartment buildings, and residence for newly divided households in villages in city shall be solved by way of building apartment buildings or terraced houses; it is not allowed to build a single residence with a courtyard; the existing construction land shall be made good use of and construction of infrastructure and public service facilities shall be enhanced. Efforts shall be made to actively promote the organic combination of rural residence construction and the use of collective construction land to build rental housing, land requisitioned resettlement housing, transformation and reconstruction of old villages, etc., so as to guarantee meeting of reasonable living needs of villagers.

For apartment buildings, village committees (village collective economic organization) shall serve as the subject, to calculate construction volume of apartment buildings according to the possible new building demand of the village collective in the next three to five years, and make application to select an appropriate amount of land in the village that meets planning to build villagers’ apartment buildings first. Members of the village collective economic organization, if qualified for building houses on their homestead, the village committee (village collective economic organization) shall organize the distribution according to regulations on homestead management, and fees shall be paid according to the construction cost price; after the distribution, ownership of the balance of the housing as a whole shall go to the village collective organization and can be managed and used as rental housing; in the future, if any household meets the conditions for new household division, such housing can be arranged to be used by newly divided households and the ownership registration of such household can be made for them; for those involving land acquisition, demolition and resettlement, such housing can be used as ready-made houses for their resettlement, and corresponding ownership registration shall be made for them; in the case of launch of transformation of old village, such housing can be used as the villagers’ reconstruction houses built in advance and included in the cost accounting of the transformation and construction of the old village.

For villagers’ individual residence with collective land property certificate, collective land use certificate (individual residence construction land) and homestead certificate (meeting the standards for “one homestead for one household” and for homestead construction), their construction is mainly carried out in such forms as rebuilding on the original site, expansion, reconstruction or dangerous house reconstruction; those involving immovable cultural relics or historical buildings, traditional style buildings, pre-protected objects and other protected buildings shall be protected and repaired in accordance with relevant provisions on protection of famous historical and cultural cities.

(2) Construction management procedures.

For construction of apartment and terraced houses, in accordance withRegulations of Guangzhou on Urban and Rural Planning Procedures (Order No. 168 of Guangzhou Municipal Government) and Technical Provisions of Guangzhou on Urban and Rural Planning (Order No. 168 of Guangzhou Municipal Government), the village committees (village collective economic organization) shall serve as the subject to apply for handling of site selection opinion on the construction project, construction land planning permit, construction project planning permit and land use procedures.

For villagers’ individual residence with existing ownership registration, if application is made for original-site rebuilding, additional construction, reconstruction or reconstruction of dangerous houses, on the premise that the requirements of “one homestead for one household” is met and that the applicant has the membership of the collective economic organization of the very village, application can be made, based on the unit of a household, for individual residence construction to the collective economic organization of the village. After the initial verification by the collective economic organization of the village to ensure compliance with conditions for applying for house construction while no objection is raised after publicity, review shall be made by the village committee; afterwards, report shall be made to the town (street) for review opinions. After completion of the house construction design scheme, application shall be made to the district planning and natural resources organ for handling of construction project planning permit.

(II)Urban-edge villages and outer-suburb villages.

1. Construction management requirements.

Residence of new households can be solved by way of constructing apartment type, terraced type or single-family housing. Priority shall be given to the use of existing stock construction land. For those who apply for new construction land for construction of terraced or single-family house, if the land type of the latest annual land use status change has been surveyed as construction land andland use status change has been surveyed before December 31, 2009 as construction land, the approval procedures for new construction land will no longer be taken as the precondition for application for the Permit for Rural Construction Planning, and completion of the procedures for new construction land will be postponed to be done before real estate registration; also this requirement shall be noted on the Rural Construction Planning Permit when the permit is issued. For application for rebuilding, expansion, addition and reconstruction of agricultural houses with existing ownership registration, if failing to be consistent with the overall land use planning or village planning, Permit for Rural Construction Planning shall be handled first on the condition of not involving the occupation of the construction area prohibited by the general planning and permanent basic farmland.

2. Construction management procedure.

For villagers meeting the policy of “one homestead for one household” in their village, if they have the membership of the collective economic organization of the very village, they can apply based on household as a unit to the village committee (village collective economic organization) for individual residence construction (including new construction, rebuilding, expansion, demolition, etc.). After the initial verification by the collective economic organization of the village to ensure compliance with conditions for applying for house construction while no objection is raised after publicity, review shall be made by the village committee; they can apply to the local government for Permit for Rural Construction Planning against relevant documents.

VI. Approval requirements for the use of homestead land

(I) Approvers.

Under the guidance of agricultural and rural organs, the town (street) is responsible for the approval and management of homestead, optimization of approval process and publishing of handling process and elements; it shall clarify the post responsibilities and handling timeframes of various processes such as document review and on-site investigation, and shall improve the efficiency of approval. It shall strengthen the review of homestead application in advance, strictly check the location of farmers’ homestead application, verify whether there is any risk of damaging the ecological environment such as mountains and water bodies and inducing geological disasters, rigorously implement requirements of relevant regulations, and carry out land approval according to the principle of “reducing risk, reducing stock and curbing increment”; it shall strengthen the supervision during and after affairs, organize approval of rural homestead and permission of house construction planning, and provide convenient and efficient services for farmers.

The village committee (village collective economic organization) shall improve relevant systems for the review of homestead application to ensure that distribution and use of homestead are open, fair and just.

(II) Land use approval procedures.

Rural villagers’ residential lands involving occupation of agricultural land shall go through approval procedures for the conversion of agricultural land according to law, and those involving the use of forest land shall go through approval procedures for the use of forest land according to law. The town (street) should earnestly fulfill its territorial responsibilities, optimize the approval process and improve the approval efficiency.

(III) Basic distribution principles.

Distribution and use of rural homestead shall be strictly subject to the regulations of “one homestead for one household”, and each household of rural villagers can only own one homestead. Rural villagers shall build residence in strict accordance with the approved area and building standards, and it is forbidden to build houses without approval or occupy homestead beyond the specified area. For the construction without approval, if damage to the ecological environment such as mountains and water bodies is found, forced demolition shall be made according to law, and the villagers of the house shall bear corresponding responsibility according to provisions of relevant laws and regulations. If a residence is approved to be constructed on a site other than the original one, the original approval documents shall be submitted to the original land use approval organ for recovery and cancellation in strict accordance with requirements of “building new buildings while dismantling the old one”, and the original homestead shall be returned to the village collective.

(IV) Village-level review process.

1. Farmers who meet the conditions for homestead application shall, based on the household as a unit, file an application with the following documents to the rural collective economic organization having the homestead ownership:

(1) Identity certificate and household register of applicants and his/her family members.

(2) Application Form for Rural Homestead and House Construction (Planning Permit).

(3) Letter of Commitment for Use of Rural Homestead.

(4) A topographic map that can reflect the location, area and four-direction boundary spacing of the proposed land.

(5) If an existing construction land is used for house construction, the ownership certification documents (including the construction land approval or village and town building permit, homestead certificate, house ownership certificate, etc.) shall also be provided.

2. After receiving the application, the local rural collective economic organization shall conduct a preliminary examination on the qualification. If the application is approved in the preliminary examination, the rural collective economic organization shall submit it to the meeting of members (representatives) of the rural collective economic organization for discussion within 10 working days after receiving the application in accordance with the planning scheme and distribution principle on the organization’s homestead. After being passed in the discussion, the application reasons for the homestead and house construction (planning permit), the location and area of the proposed land, and the floor height and area of the proposed building shall be publicized within the scope of the collective economic organization, and the publicity period shall not be less than 7 working days. If there is no objection to the publicity or the objection is not tenable, the rural collective economic organization shall submit the villagers’ application, the meeting minutes of the members (representatives) of the rural collective economic organization, publicity documents and other documents to the village committee for examination.

If the application fails to pass the preliminary examination by the local rural collective economic organization, the organization shall inform the applicant in writing within 20 working days after receiving the application.

3. The village committee shall focus on examining whether the submitted documents are true and effective, whether the proposed land for house construction conforms to the village planning, and whether to ask for opinions of the property owners neighboring the land for house construction. If the application passes the examination, the village committee shall note its opinions, and submit it to the town (street) together with relevant application documents, meeting minutes, publicity documents and other documents within 10 working days after receiving the documents.

If the application fails to pass the examination by the village committee, within 10 working days after receipt of documents, the applicant shall be informed in writing.

(V) Requirements for town (street) level approval.

1. Relying on the platform of the town (street) administrative service center, the town (street) shall organize the town (street) agricultural and rural organs and planning organs to establish a joint review joint office system for house construction on rural homestead; such a system shall enable counter-based acceptance, multi-organ coordinated operation or integration of relevant resources for centralized office work, so as to improve the approval efficiency.

2. The town (street) shall review the documents after receiving the submitted application documents related to homestead and house construction (planning permit). If the documents are complete and meet the conditions, the town (street) shall guide the villagers to make choice from the design atlas of village houses and prepare the building design scheme. After the villager has completed the house building design scheme, the town (street) shall review the rural house architectural style of the house construction design scheme, and within 10 working days after passing the examination, Approval of Rural Homestead and Permit for Rural Construction Planning shall be issued; if the conditions are not met, the decision of disapproval shall be made within 10 working days; if the documents are incomplete, the village committee and the applicant shall be notified in writing within 5 working days to submit the required documents within a time limit, where the village committee or the applicant fails to submit the documents within 10 working days, the application shall be deemed to be withdrawn. The town (street) shall, in a timely manner, publish the approval results through the government portal website, and the local village committee shall publicize them simultaneously.

The town (street) shall establish a standing book for approval management of house construction on homestead, file and keep relevant documents, and report approvals in the previous month to the district agricultural and rural, planning and natural resources, urban management comprehensive law enforcement and other organs for the filing before the 3rd day of each month.

3. The relevant organs of the town (street) are responsible for examining whether the applicant meets the application conditions, the proposed land meets reasonable layout requirements and area standards of the homestead, and the homestead and house construction (planning permit) applications have been reviewed and publicized by the village and cooperative; also it shall put forward approval suggestions based on summarizing of opinions of relevant organs. The town (street) planning organ shall be responsible for examining whether the house construction on the land meets requirements of land and space planning, village planning and use control, and shall cooperate to provide relevant data. In the case forestry, water conservancy, electric power and other organs are involved, their opinions shall be asked for in time.

If occupation of agricultural land is involved, the local rural collective economic organization shall, in a unified way, handle the approval procedures for conversion of agricultural land according to law, and the time limit required for such approval shall not be included in the time limit for examining and approving application for permit for house construction on the homestead.

4. Towns (streets) should implement the “five publicities” system, where village planning, application conditions, approval procedures, approval results and complaining and reporting methods shall be publicized.

5. The town (street) shall fully implement the requirements of “three presents” and shall organize relevant town (street) agriculture, rural planning and other organs sin time to conduct on-the-spot examination, where it shall: be present for application review, and conduct on-site review on whether the applicant meets the conditions and whether the proposed land complies the planning and land types; be present for measure and site release after approval, for measuring and releasing the homestead on the spot and determining the house construction location; be present for examination after the residence is completed, for checking whether the farmers use the homestead according to the approved area, four-direction boundaries and other requirements. and whether they build houses according to the approved area, design scheme and planning requirements.

(VI) Post-approval construction management.

1. After the rural villager has obtained Approval of Rural Homestead and Permit for Rural Construction Planning, he/she shall start constructing the house within 1 year from the date of obtaining. If the construction is not started within the time limit and the extension procedures are not handled or the application for extension is not approved, the corresponding Permit for Rural Construction Planning and its attached drawings and annexes shall become invalid automatically.

2. The town (street) shall organize personnel to make regular or unscheduled patrol inspection, and supervise and guide those with permits to carry out construction in accordance with the contents, requirements and design scheme approved by the planning permit. The patrol inspection shall be carried out jointly by 2 or more people, mainly in the four processes of villagers’ house construction commencement, completion of the first floor, completion of the second floor and capping of the main body.If it is found that the rural house is not constructed in accordance with the planning permit and design scheme, the construction shall be stopped in time, and the permit holder shall be required to carry out rectification immediately and report to the comprehensive law enforcement organ of urban management at the same time.

3. After completing the house construction, the rural villager shall apply to the town (street) for planning verification and confirmation. The town (street) shall complete the review within 15 working days from the date of receiving the application (personnel shall be arranged to make examination on site) and issue Verification Opinion Form of Rural Homestead and House Construction (Planning Permit); for failure to pass the verification, the town (street) shall issue a rectification notice and demand the rectification within a time limit.

4. If a rural villager applies for changing the location for constructing a new house, except that it is not necessary to demolish the buildings (structures) on the original homestead according to law, it shall be necessary to submit the original approval documents to the original land approval organ for recovery and cancellation. After the housing plan is verified and approved, the applicant shall fulfill his/her commitment, demolish the buildings (structures) on the original homestead within 3 months, and return the original homestead to the village collective. The original homestead shall be taken back by the collective economic organization having the ownership and arranged in a unified way for use.

5. Farmers who have passed the planning verification can, with the planning verification opinions and other relevant documents, apply to the real estate registration organ for real estate registration.

VII. Intensified guarantee for rural residence construction

(I) Strengthen planning guidance.

In combination with the reform of the land and space planning system, the planning and natural resources organs shall guide all towns (streets) to proceed from the actual situation of rural areas, respect the wishes of villagers, reflect local and rural characteristics, prepare or revise village plans according to local conditions in combination with geological disaster prevention planning and geological disaster risk investigation and assessment, reserve a certain scale of construction land for solving homestead problems left over by history, ensure satisfaction of reasonable demands of villagers for new house construction for household division, reasonably distribute rural production, living and ecological land, encourage farmers to build houses in a centralized manner, effectively avoid dangerous areas, and form a relatively centralized, intensified, efficient, safe and reliable layout of village land construction.

(II) Strengthen guarantee for land use.

The planning and natural resources organs shall strengthen the guidance for farmers to handle approval procedures for land for house construction, and plan indicators required for approval of new construction land shall be arranged from an overall perspective in the annual land use plan, trying to provide guarantee as far as possible. Each town (street) shall be responsible for guiding village committees (village collective economic organizations) to select land sites, issuing opinions on the planning and site selection of land within the scope of collective construction land, and guiding the village committees (village collective economic organizations) to organize land application documents for approval. The village committees (village collective economic organizations), as the application subject of farmers’ land for constructing houses, shall be specifically responsible for organizing villagers to provide documents on new construction land for house construction.

(III) Organize and implement guarantee.

The agricultural and rural organs are responsible for establishing and improving the management systems of homestead distribution, use, circulation, illegal land use investigation and punishment, etc. according to relevant requirements of the China, Guangdong Province and Guangzhou, and guiding reasonable layout of homestead and utilization of idle homestead and idle agricultural houses.

The planning and natural resources organs shall be responsible for planning and land guarantee, guiding the towns (streets) to approve and issue Permit for Rural Construction Planning for rural house construction, and handling ownership confirmation registration after acceptance of the supporting geological disaster control projects for new rural houses that may be subject to damage from geological disasters, so as to guide villagers to build residence in accordance with laws and regulations.

The housing and urban rural development organs shall be responsible for guiding the towns (streets) to strengthen the guidance on design and construction of villagers’ apartments, village public facilities and other construction projects; they shall urge all towns (streets) to implement the rectification of rural slope cutting and house construction.

Urban management and comprehensive law enforcement, civil affairs, public security and other relevant organs shall cooperate with each other according to their responsibilities to ensure the organization and implementation of rural house construction.

Each town (street) shall be responsible for organizing and implementing the management of rural residence construction, rectifying rural slope cutting for building houses, strengthening the supervision and law enforcement of rural residence construction, reviewing and confirming whether the stock houses meet the building area standard of “one homestead for one household”, approving house construction on new homestead, strengthening control of rural housing style, and issuing Approval of Rural Homestead and Permit for Rural Construction Planning; they shall guide villages to employ rural planning liaison officers, provide policy advice to villagers, improve construction application efficiency, and assist villagers in building houses legally and safely.

The village committee (village collective economic organization) shall be responsible for establishing the rural residence construction management system at the village and cooperative levels, doing a good job in qualification review, distribution, publicity and management of the members of the village collective economic organization applying for homestead construction, organizing the publicity of the ownership confirmation of stock residence, and actively doing a good job in organization and coordination.

VIII. Stronger supervision and management and establishment of a long-term mechanism

(I) Improve the efficiency of comprehensive law enforcement and curb new illegal house construction.

Efforts shall be made to establish a comprehensive law enforcement mechanism with the cooperation and participation of agriculture and rural, planning and natural resources, urban management comprehensive law enforcement, housing and urban-rural construction, fire protection, public security and other organs, strengthen information connectivity and resource sharing, and improve the chain of inspection, prevention, investigation, punishment, governance, supervision and law enforcement of illegal house construction on land in rural areas. It is required to comprehensively use various law enforcement means and methods such as dynamic patrol inspection, grid-based management, law enforcement based on satellite remote sensing images and special law enforcement to strengthen control of rural residence construction and establish a new order of rural house construction management.

The towns (streets) shall be the implementation subject of the investigation and punishment of illegal rural land construction. They shall be responsible for performing the duties of patrol inspection, supervision, investigation and punishment of Illegal land use and illegal construction. If new violations are found, it shall give play to the linkage control role of water supply and power supply through the law enforcement linkage mechanism as soon as possible, and follow up the subsequent demolition and rectification.

(II)Include into the credit system management and implement long-term prevention and control.

In accordance with the provisions ofManagement of Public Credit Information of Guangzhou (Order No. 166 of Guangzhou Municipal Government), construction of rural residence construction shall be included in management of social credit system, where illegal and regulation-violating acts in rural residence construction shall be included in the record of dishonesty, and corresponding disciplinary measures shall be taken for the violator, thus strengthening effective restriction over farmers’ illegal house construction by use of the social credit system, gradually creating a social atmosphere of “dare not, cannot and do not want to make illegal construction”, and realizing long-term prevention and control of illegal house construction in rural areas.

(III)Give full play to the role of village and cooperative, and strengthen villagers’ supervision.

All towns (streets) and civil affairs, planning and natural resources organs shall guide the village and cooperative levels to improve village rules and regulations on management of rural residence construction, and guide villagers to implement rural residence construction activities according to law. They shall give full play to the role of the villagers’ council and the conference (hall), include rural residence construction management system into the village rules and regulations, clarify qualification conditions, application procedures and review procedures of the village’s collective economic organizations for house construction, clarify the work requirements and so on for recovering and adjusting old homestead and mediating the disputes over ownership, organize and hold the representative meeting of members of collective economic organizations, do a good job in review of villagers’ house construction application, and publicize approval results in time. They shall discover and stop illegal construction in time and report that to the town (street) authority.

IX. Supplementary provisions

These Implementation Rules shall come into force from the date of issuance and shall be valid for 5 years.

“Freeze” (or freezing/frozen) herein means that the applicant is not allowed to demolish and construct any house on the homestead with ownership certificate for the moment.

“Adjustment” herein means that the house owner adjusts the homestead under his/her name to his/her family members for use and dwelling.

Approval and construction management of homestead and residence within the scope of “abolishing administrative village systems and establishing community neighborhood committees instead” shall be implemented with reference to these Implementation Rules.

Annex: 1. Application Form for Rural Homestead and House Construction (Planning Permit) of Huadu District

2. Letter of Commitment for Use of Rural Homestead of Huadu District

3. Public Announcement (format)

4. Approval Form for Rural Homestead and House Construction (Planning Permit) of Huadu District

5. Permit for Rural Construction Planning (format)

6. Approval of Rural Homestead (format)

7. Verification Opinion Form for Rural Homestead and House Construction (Planning Permit) of Huadu District

8. Flow Chart of Rural Homestead Approval of Huadu District

Annex 1

Annex 2

Letter of Commitment for Use of Rural Homestead of Huadu District

Due to the needs of (1. new house construction for household division; 2. new house construction for relocation according to planning; 3. house rebuilding, expansion and reconstruction on the original site; 4. others), I apply for house construction by using the homestead on xx Group (Economic Organization), xx Village, xx Town (Street), and I hereby solemnly promise

1. My family members and I meet the application conditions of “one homestead for one household”, and the application documents are true and valid.

2. After the homestead and house construction applications have been approved, I will start construction of the house in strict accordance with the approved location and area, and complete and use it within __ month(s) after approval.

3. After completion of construction of the new house not located on the original site, the old house shall be demolished within the specified 3 months, and the original homestead shall be given up free of charge.

In case of concealment or failure to fulfill the commitment, I will bear all economic and legal responsibilities.

Signature:

Date:

Annex 3

Public Announcement

Application is made by the household(s) of xxx at xx Cooperative, xx Village, xx Town (Street), Huadu District for house construction on homestead. The qualification has been reviewed by the village (cooperative) rural collective economic organization and passed by the members (or member representatives) meeting. The application conditions for house construction on homestead are met and the application will be submitted for approval. The relevant information is hereby publicized as follows:

Attachment: Application Form for Rural Homestead and House Construction (Planning Permit) (copy)

If the villagers have any objection, please report to our cooperative within 7 working days from the date of publicity.

It is hereby announced.

xxx Cooperative, xx Village, xx Town (Street)

Date:

(Contact:        , Tel:               )

Annex 4

Annex 5

Annex 6:

Annex 7

Annex 8

Flow Chart of Rural Homestead Approval of Huadu District

Form of Disclosure: Active Disclosure

Issued by Secretary Section, Office of Huadu District People’s Government of Guangzhou on December 31, 2021