Notice of the office of the municipal government on printing and distributing the measures for the supervision and administration of the planning and construction of commercial and residential land in

County, District People’s governments, municipal commissions and bureaus, and municipal directly affiliated units:

"Measures for the supervision and management of the planning and construction of commercial and residential land in Lianyungang city" has been deliberated and adopted at the 43rd executive meeting of the 15th municipal government, and is hereby issued to you, please earnestly organize its implementation.

　 　 　 　 　 　 　 　 　 　 　 　 　 Lianyungang Municipal People’s Government Office

　 　 　 　 　 　 　 　 　 　 　 　 　 2024yearfourmoonthreesun

(This piece is publicly released)

Measures for the supervision and administration of planning and construction of commercial and residential land in Lianyungang city

Article 1 In order to strengthen the supervision and management of urban commercial and residential land planning and construction, and ensure that commercial service projects are planned and designed according to the standard, constructed and delivered simultaneously with residential buildings, these Measures are formulated in light of the actual conditions, such as the Urban and Rural Planning Law of People’s Republic of China (PRC), the Urban Real Estate Management Law of People’s Republic of China (PRC), the Regulations on Urban and Rural Planning of Jiangsu Province, and the Opinions of the Ministry of Housing and Urban-Rural Development and other departments on Carrying out Short-board Actions for Urban Residential Community Construction (Jian Ke Gui [2020] No.7).

Article 2 These Measures shall be applicable to the planning, construction, supervision and management activities of newly leased commercial and residential land within the urban area of this Municipality (excluding Ganyu District).

Article 3 The term "commercial and residential land" as mentioned in these Measures refers to the same piece of land that is sold by way of listing and has the nature of commercial service land and urban residential land in a planning condition.

The term "commercial service land" as mentioned in these Measures refers to the land mainly used for commerce and service industry, including retail commercial land, wholesale market land, catering land, hotel land, commercial and financial land, entertainment land and other commercial service land.

The term "urban residential land" as mentioned in these Measures refers to all kinds of housing land and its ancillary facilities used for living in cities and towns, excluding supporting commercial service facilities and other land.

Article 4 Adhere to the principle of integrating economic benefits, social benefits and environmental benefits, and implement overall planning, rational layout, comprehensive development and supporting construction, so as to coordinate the business and service environment with the living environment.

Article 5 The District People’s Government (Functional Board Committee) shall establish and improve the management system and mechanism of commercial and residential land within its administrative area, fulfill the responsibility of territorial supervision, and urge the construction unit to fulfill the obligation of commercial service project construction; Participate in the whole process supervision of the layout, planning and design, construction, acceptance and handover of commercial service projects within the jurisdiction.

Article 6 The natural resources and planning department shall organize the preparation and supervision of detailed planning, and coordinate the special planning such as connecting commercial outlets; Organize the formulation and implementation of the annual land use plan, implement the control system of commercial and residential land use, and handle the real estate registration procedures for commercial buildings according to laws and regulations.

Development and reform, housing and urban and rural construction, commerce, urban management, market supervision and other departments shall, in accordance with their respective responsibilities, strengthen coordination and cooperation, establish and improve the information sharing mechanism of construction projects, and jointly do a good job in the supervision and management of commercial and residential land.

Article 7 The construction unit shall, according to the planning conditions, specify the location, function, construction scale and other contents of the commercial service land in the planning scheme of commercial and residential land, and carry out the commercial service project construction according to the planning requirements, land transfer agreement and investment supervision agreement.

Article 8 The commercial department shall take the lead in compiling the special plan for the layout of commercial outlets. The natural resources and planning departments shall implement it in the corresponding detailed planning according to the layout planning of commercial outlets.

Ninth commercial and residential land through Lianyungang natural resources online trading system for listing transfer. Natural resources and planning departments shall, in accordance with the planning conditions of commercial and residential land, inform the commercial and residential land transfer announcement and transfer instructions in advance of the construction requirements of the commercial service project, and clearly stipulate them in the land transfer agreement.

Article 10 In principle, commercial service projects shall be planned, constructed, accepted and delivered synchronously with residential projects, and the construction units that postpone the commencement of construction shall bear corresponding responsibilities according to the agreement.

If the commercial service project and the residential project cannot be built simultaneously, the two parties shall agree on the construction ratio of the commercial service project and the residential project in the land transfer agreement, so as to ensure synchronous acceptance and simultaneous delivery with the residential project.

Eleventh large-scale commercial projects in the project planning approval, should seek the views of the commercial sector, the implementation of use control, to ensure the effective implementation of commercial network planning. For commercial and trade circulation projects that have a great impact on the local business environment, commercial and other departments should organize relevant units, industry experts and public representatives to hold hearings or demonstration meetings, and put forward suggestions to the local government to eliminate adverse effects.

Article 12 During the development and construction of commercial service projects, the construction unit shall promptly report to the natural resources and planning departments about the commencement, progress and completion of the project, and set up public signs at the construction site to announce the owner of the construction land use right, the construction unit,Information on the nature, scale, start-up development, completion time and land development and utilization standards of the project.

Thirteenth construction units shall, in accordance with the planning conditions, planning permission and agreement, build commercial service projects. Commercial service project construction does not meet the planning conditions and planning permission, the natural resources and planning departments shall not go through the planning verification and go through the formalities of property right registration, the construction unit shall not organize the completion acceptance, and the housing and urban-rural construction departments shall not go through the formalities of completion acceptance filing. Failing to build a commercial service project as agreed, it shall be liable for breach of contract according to law.

Fourteenth construction units shall, within 15 days from the date of completion and acceptance of the commercial service project, apply to the local housing and urban-rural construction departments for filing.

Housing and urban-rural construction departments found that the construction unit in the process of completion and acceptance in violation of state regulations on the quality management of construction projects, should be ordered to stop using and reorganize the completion and acceptance.

Article 15 The department of natural resources and planning shall, jointly with the relevant departments of housing and urban-rural construction, commerce and urban management, strengthen the supervision over the supply transaction and post-supply development and utilization of commercial and residential land, establish mechanisms such as credit supervision and dynamic inspection, punish major dishonesty in the construction land market according to law, and disclose relevant information according to law.

Article 16 The market supervision department shall investigate and deal with illegal acts such as false advertising, unfair competition, and infringement of consumers’ rights and interests by using standard terms.

Seventeenth construction units should support and cooperate with the natural resources and planning, urban management and other law enforcement departments in the supervision and inspection of land, planning and other legal implementation, to provide convenient work, and shall not refuse or obstruct.

Eighteenth natural resources and planning departments in the supervision and inspection work found that the existence of illegal acts of state personnel, should be dealt with according to law; If it has no right to handle it, it shall be transferred to the supervisory organ or the relevant organ for handling according to law.

Nineteenth counties, Ganyu District can refer to these measures.

Twentieth these Measures shall come into force as of June 1, 2024, and shall be valid until May 31, 2029.

Related reading:Policy Interpretation of Supervision and Management Measures for Planning and Construction of Commercial and Residential Land in Lianyungang City