In order to thoroughly implement the spirit of General Secretary Xi Jinping's important speech on the transformation of old residential areas, further implement the relevant requirements of the Guiding Opinions of the General Office of the State Council on comprehensively promoting the transformation of old urban residential areas, and focus on solving the difficulties and blockages in the transformation of old residential areas, The General Office of the Ministry of Natural Resources issued the Notice on Further Strengthening the Planning Land Policy to Support the Renovation and Renewal of Old Residential Areas (hereinafter referred to as the Notice), focusing on how to implement the requirements of the central government, how to benefit more people, and how to give impetus to market entities, and made specific work arrangements in terms of sound planning preparation and management, supporting land management support policies, etc, Provide land planning policy guidance for all regions to actively and steadily promote the renovation of old residential areas.
The Notice pointed out that the investigation and assessment should be strengthened. All localities should fully understand the needs of renovation and renewal and the opinions of stakeholders through the planning implementation and assessment at the planning unit and community level. According to the requirements of building a community life circle that is "suitable for living, working, traveling, studying and raising", public service facilities and infrastructure should be supplemented in the renovation of old residential areas.
The Notice requires to strengthen the overall planning, and all regions should speed up the preparation of detailed plans for urban renewal according to the overall planning of land and space of cities and counties, and deepen the short-term implementation plan and action plan. In the detailed planning of the unit, the space function and building amount shall be coordinated. Under the premise of not breaking through the bottom line of space control and the mandatory content of the overall planning, the rules of building amount cross unit coordination shall be explored.
The Notice proposes to strengthen policy support and encourage local governments to formulate rules for the mixed use of existing urban land and the functional transformation of existing building space. If the old residential quarters and surrounding marginal land and other sporadic land do not meet the conditions for separate land supply after demonstration, they can provide land in the form of allocation or agreement with compensation, and give priority to the increase of public space, public service facilities and infrastructure.
The Notice emphasizes the optimization of the approval process, and encourages all regions to optimize the planning permission handling procedures and classification control rules according to different situations. For the relevant supporting service facilities such as charging piles, which are managed according to the equipment, as well as the renovation of infrastructure such as pipelines within the scope of the old residential land, no planning permission is required; The legal procedures shall be performed for the reconstruction involving new construction land, change of land use, new building area with capacity and other changes in planning conditions.
The Notice encourages all localities to actively guide registered urban and rural planners and other planning professionals into communities, provide professional guidance and technical services for the renovation of old residential areas, and promote common governance and sharing.
Circular of the General Office of the Ministry of Natural Resources on Further Strengthening Land Planning Policies to Support the Renovation of Old Residential Areas
NZBF [2024] No. 25
Natural resources authorities of all provinces, autonomous regions and municipalities directly under the Central Government, natural resources authorities of cities (including regions) whose land and space master plans are approved by the State Council, and Natural Resources Bureau of Xinjiang Production and Construction Corps:
The Guiding Opinions of the General Office of the State Council on Comprehensively Promoting the Reconstruction of Old Urban Districts has clearly defined the action direction of the reconstruction of old urban districts nationwide. Local natural resources departments should base on their responsibilities, strengthen the support of land planning policies, and cooperate in the reconstruction of old residential areas. The relevant matters are notified as follows.
1、 Deepen the investigation and assessment of resource assets to lay the foundation for scientific planning. If it is included in the scope of reconstruction, demolition and reconstruction of old residential areas, it shall ensure that the land and housing rights are clear, legal and uncontroversial. In principle, real estate registration has been handled. It is necessary to deepen the planning unit and community level planning, implement assessment and physical examination, and fully understand the transformation and update needs and stakeholder opinions. Refine the resource asset survey, sort out and mine the available stock space resource assets based on the property rights relationship, and comprehensively analyze and evaluate the feasibility of the transformation work. According to the planning requirements of the Technical Guide for Community Life Circle Planning (TD/T 1062-2021), define the public service facilities and infrastructure that should be supplemented in the reconstruction of old residential areas as the basis for scientific preparation of the reconstruction plan.
2、 We will strengthen overall planning and promote regional and dynamic balance. Guided by the overall planning of land and space of cities and counties, accelerate the preparation of detailed plans related to urban renewal as needed, deepen the recent implementation plan and action plan, systematically plan the spatial layout of old residential area renovation projects, guide the overall improvement of urban service functions of old residential areas and surrounding areas, and stimulate the vitality of cities and communities. Transmit relevant requirements of the master plan to the detailed plan, take the detailed plan of the unit as the platform, coordinate space functions and building quantities in the unit, and achieve total amount control, structural optimization, regional balance, and dynamic balance. On the premise of not breaking through the bottom line of space management and control defined in the overall planning of land and space of cities and counties and implementing the mandatory content, the local government can define the rules of cross unit coordination of building volume, handle the relationship between local interests, overall interests and long-term interests, and the income from transferring building volume should be used to ensure the balance of reconstruction funds in priority. According to the requirements of the Planning and Land Policy Guidelines to Support Urban Renewal (2023 Edition), the technical standards of planning and design for optimizing plot ratio and implementing differentiation should be checked and approved, and the policy orientation of ensuring people's livelihood and encouraging public welfare contributions should be highlighted.
3、 Strengthen policy support and stimulate transformation vitality. On the premise of conforming to the planning, ensuring safety, safeguarding public interests and safeguarding legitimate rights and interests, encourage the mixed use of existing urban land and the functional transformation of stock building space. The local natural resources department shall formulate the corresponding positive and negative list management measures to actively revitalize idle state-owned assets for community public services. Sporadic land such as old residential quarters and surrounding marginal land, sandwich land and flower arrangement land should be given priority to increase public space, public service facilities and infrastructure (including setting up electric bicycle charging facilities and parking places). If the use of such space to enhance public safety and public interests involves planning adjustment, procedures should be simplified. If the local natural resources department has organized and demonstrated that the sporadic land does not meet the conditions for separate land supply, after the approval of the people's government with the right to approve, the land use right owner (except for commercial residential land) can be determined according to the law and regulations in accordance with the relevant provisions of the allocation or agreement of paid use of land, and the state-owned construction land allocation document or the paid use contract of state-owned construction land can be issued. If new construction land is involved, the procedures for agricultural land conversion and land acquisition shall be handled in advance according to regulations.
4、 Optimize the approval process and improve the whole cycle supervision mechanism. All regions are encouraged to optimize planning permission procedures and classified management and control rules in accordance with the principles of law, safety and convenience in different situations of the transformation of old residential areas, simplify working procedures relying on the basic information platform of land and space, and incorporate them into the "one map" system of land and space planning to implement life-cycle supervision. For the relevant supporting service facilities such as charging piles managed according to equipment, as well as the renovation and reconstruction of infrastructure such as pipelines within the scope of old residential land, there is no need to go through planning permission procedures. The legal procedures shall be performed for the reconstruction involving new construction land, change of land use, new building area with capacity and other changes in planning conditions. It is not allowed to use special planning, urban design scheme, renewal and reconstruction implementation scheme, engineering construction scheme and other alternatives to statutory planning as the basis for planning permission to implement reconstruction and prevent legal, safety and integrity risks. After the completion of the reconstruction of the old residential area, the parties concerned shall, by virtue of the legal planning, land supply and construction procedures, as well as the land price payment receipt and the rights division agreement, go through the real estate registration in a timely manner to effectively protect their rights and interests.
All localities should actively guide and encourage registered urban and rural planners and other planning professionals to enter the community, provide professional guidance and technical services for the renovation of old residential areas, and promote co governance and sharing. In accordance with the requirements of the document, the work measures are refined in combination with the actual situation to promote the implementation, and important matters are reported to our department in a timely manner.
General Office of the Ministry of Natural Resources
May 24, 2024
