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The author:(作者)qq
published in(发表于) 2013/11/26 9:00:57
For newly-built houses with limited property rights of “zero tolerance“

Beijing: new small property "zero tolerance" | property | remove | Beijing _ news

Reporter Geng Nuo


Several hidden among rolling hills and blue top cottage, are directed at those illegal construction demolished 5 excavators. On the mid-levels, pilaster rolled down the slope, and rumble to bring up two feet tall Speck.


"Today hurry, couldn't have split up. "Col has seen the Sun, nankou town mayor Duan Xueyong rises up and looked at his watch.


Yesterday at 14 o'clock departure, along the only room for one car line driving in dirt roads in the hills, stones to vehicle chassis, the tip of the sound coming from time to time. "Who lives here and really having a sport utility vehicle. "The driver master sighed.


Half an hour later, the reporter in this secluded place, saw the building 8, scattered in the mountains of small property detached villas. In homeland ministries, the Ministry of construction jointly issued an urgent notice yesterday in this city took the lead in implementing, to Changping Tiger Valley nature scenic limited property rights to demolish the Villa.


District Ward, municipal departments checking and heavier handles a number of typical land departments to strictly limited property rights housing case; city construction Committee will organize a demolition of property sales offices, seized the site and investigate the relevant construction sales unit; for those responsible will draw attention to the supervisory organ or even referred to judicial authorities. After visiting the scene, city land Bureau yesterday announced a series of steps, troubleshooting, this small property.


Added property "zero tolerance"


Tiger Tiger Valley nature scenic spot is located at nankou town, Changping District, village north, country 2 a-class tourist attractions. But because of the bad roads, plus the geographically isolated, Tiger Valley, nature has been less famous. More and more that this is a heavy burden of Tiger village, economic cooperatives, in January 2009, they finally found a way to get rid of this burden – they Yu Zhou changsheng investments limited and Beijing signed a 40-year development contract. Yu Zhou changsheng "development", is the building of houses with limited property rights. Company rented an excavator digging up tree debris, out of the ramp, built a small villa property.


Yesterday, yet staying small property, building a few houses were completely razed to the ground, kicked off the city's prelude to troubleshoot.


On Friday, the Ministry of land resources and Housing Ministry issued a grade for "urgent" notice requirements on illegal construction, sales of limited property rights housing around a centralized troubleshooting diagnostic, views of the actual classification of the study process, and reported the results of two sections.


City land Bureau law enforcement general team captain Zheng Jipei said recent self-examination of the city led by the District Government, and the Municipal Government will organize relevant departments for self-inspection checks the status of the district.


At the time of information collection, land Department, "Tigers", select several wind law continued to build in the city, selling property and other circumstances of the case, be dealt with directly, and strictly according to the law, from the handling. Official says, the city will also have to inform the public the major typical cases, and the tone of supervising. From the masses to report property, municipal Bureau of land and resources departments will, after verification of the list items in the online public exposure.


Later, demolition of houses with limited property rights of urban and rural housing construction sector organizations project sale Office to sequestrate the construction site, and selling housing intermediaries and small property developers severely punished; and without land, planning, urban and rural housing construction approvals documents, unauthorized construction and surveying and mapping unit construction, supervision of construction units, in the investigation.


Next focused on the object of attack, continues to add new property. "Added small property in this city will take a zero-tolerance attitude and adhere to found, investigated and dealt with. "City land Bureau official said, the city will take up arable land, basic farmland, not with the overall land-use planning and urban planning of limited property rights housing projects be resolutely removed.


Cultivated farmland project firmly dismantle


Changping District Land Bureau Secretary Wang Shaoqun said, land systems, will give priority to select the construction, sale, unoccupied property projects to dismantle, which mostly freshmen, so this year is also in line with the city's campaign to crack down on illegal use of land for construction of the rhythm of work.


"The items that have been sold, occupied, after the mapping you want to troubleshoot, and categories for processing. "Wang Shaoqun said.


Publicly available information shows that in September last year and June this year, the municipal Bureau of land and resources has been on their official website has exposed the city's 83 cases of limited property rights housing project; public exposure since then 23 cases of limited property rights housing project in disguise. According to yesterday's communications, 83 cases of limited property rights housing project already has 76 received administrative punishments, another 7 are still working in the process. In these projects, 7 have all been dismantled, and 5 relating to the arable land has been removed. While confiscation of 2.409 million square meters of illegal buildings in the area, with 30 projects applied for the courts to enforce and 8 illegal has been transferred to the public security authorities of the parties, 31 the person responsible has been transferred to the monitoring authorities. Among them, 1 desk Mayor disciplinary action within the Party and 4 village branch Secretary for disciplinary reasons is dismissed.


In addition, 23 released this year with "auto camps, ecological farming, private gardens" illegal construction in the name, such as room disguised small rental property rights project: 18 demolition into place, 5 active rectification. Demolition and removal of buildings area of 32,800 square meters, 2 illegal has been transferred to the public security authorities of the parties.


Participation of enterprises and individuals will be "blacklisted"


Display publicity content yesterday, according to the housing sector was able to confirm that 5 out of the 9 projects and construction units carried out punishment, the other 4 are under investigation; based on the facts in accordance with law 9 design unit and 5 units of surveying and mapping has been investigated.


But reporters found that in these limited property rights housing behind the "Developer", often don't even have real estate development qualification. Tiger Valley Scenic small property by Yu Zhou changsheng investments limited construction in Beijing, Cui village, nanzhuang village, illegally built by Beijing Fu Dingchang feed company building, construction baiyanggou mountain resort is also within of the river course by the silver-haired investment group building, which has nothing to do with real estate development enterprise line of business. Punishment in addition to a single project, do they have any other punitive measures?


"As long as the construction of small property, these companies haven't engaged in real estate development, construction of quality. "Town, Changping District, Deputy Director of the construction Committee once said, is currently building systems has built a" black list ", if the company or body corporate representatives have taken part in or building houses with limited property rights, of any qualifications in their enterprise could not increase the construction system, personal name and legal representative, the company cannot apply for any construction system and the relevant qualification.


"To put it simply, is that neither man nor the company into a ' blacklist '. "Once said.


Convenience tips



Four risk that small property


Does not meet the plan faced demolition of risk; sign does not go through the proper network and channels of transfer of property rights, contract does not have the force of law; services do not supply water, electricity, gas, heat, and building body strength enough to cement, steel cutting corners ... ... City land Bureau tips, purchase of small property owners will be faced with four kinds of risk, visitors would do well not to buy or rent.


Does not match the one is planning to be dismantled. Does not meet the overall town planning and land use planning "limited property rights housing" project will face the risk of being dismantled. In addition, occupies the River, fire exits, infrastructure, cultivated land, illegal construction, also will face the risk of being dismantled. Stream in Changping baiyanggou Villa consuming flood rivers in towns and villages, has been organized by the District Government legally removed.


Second, private deals without safeguards. "Small property" issued sales in mobile phone text messages, flyers, online advertising, or of black-mediated forms, to attract buyers. Looking for developers, property companies, issued or modified form of external sales by the end of the village, their proof of purchase does not have the force of law. Some offenders even through privacy seals, forgery of related materials, sales of housing fraud, so that the majority of home buyers tricked face "both". (Patrick West Maple case of Fangshan district)


Three hydroelectric and gas kept hidden. "Small property" community without government planning of water, electricity, gas supply system, water usually dug private wells for residential water, water without water treatment plant detection and disinfection, drinking water quality is not guaranteed. Transformer substation of power supply from neighboring villages or pulling wire, has not been in the early planning and design of the power companies, usually electricity demand will exceed the maximum load power substation, it is fire hazard. In the area of gas supply, most "small property" there is no gas supply system, can only buy liquefied natural gas tanks to meet the daily needs.


Four are cutting corners is in danger. Due to the large number of "small property" detail specifications for building without planning, housing people with "best interests" principle to buy building materials, construction start low, low standards, lack of professional direction, was arbitrary, unreasonable layout. Construction without effective regulation, delivered after the completion of houses under construction and in the process there are more safety, quality, fire and other hazards, easy to raise security and legal liability of the accident, the lives and property of the residents are not guaranteed.


(Original title: new small property in the city of "zero tolerance")

(Edit: SN095)
November 26, 2013 Beijing daily
(
北京:对新建小产权房“零容忍”|北京|小产权房|拆除_新闻资讯

  本报记者 耿诺


  起伏的山峦间藏着几栋蓝顶小别墅,5台挖掘机正冲着这些违建进行拆除。半山上,墙垛子顺着斜坡滚下来,轰隆隆带起了两丈高的浮尘。


  “今天抓紧,怎么也得拆完。”山坳中已经看不见太阳,南口镇镇长段学勇抬手看了看表。


  昨天14时启程,顺着只容得下一辆车单行的山间土路往里开,尖石头划到车底盘的声音不时传来。“谁住这里头,真得开个越野车。”司机师傅心疼地叹了口气。


  半个小时后,记者就在这个隐秘的地方,看见了8栋散落在山间的小产权独栋别墅。在国土部、住建部联合发布紧急通知后,昨日本市率先落实,对昌平虎峪自然风景区内小产权别墅进行强拆。


  先由区县自查,市级部门抽查;然后国土部门从严从重处理其中一批典型小产权房案件;市住建委将组织拆除小产权房售楼处,查封工地并查处相关建设销售单位;对于相关责任人将提请监察机关处理甚至移送司法机关。探访现场后,市国土局昨日宣布了本市排查小产权房的一系列工作步骤。


  新增小产权房“零容忍”


  虎峪自然风景区位于昌平区南口镇虎峪村北,是国家2A级旅游景点。但因为路不好走,再加上地理位置有些偏僻,虎峪自然风景区一直不太出名。越来越觉得这是个沉重包袱的虎峪村经济合作社,终于在2009年1月找到了甩掉这个包袱的途径——他们和北京煜洲昌盛投资有限公司签署了为期40年的开发合同。煜洲昌盛的“开发”,就是建设小产权房。公司租来挖掘机挖树碎石、开出坡道,盖起小产权别墅。


  昨天,这几栋尚未入住的小产权房被彻底夷为平地,拉开了全市排查的序幕。


  上周五,国土资源部和住房城乡建设部发出了等级为“特急”的通知,要求各地对违法建设、销售的小产权房开展一次集中排查摸底,结合实际研究提出分类处理的意见,并将结果报两部。


  市国土局执法监察总队副队长郑继培对此表示,近期本市就要由各区县政府牵头开展自查,同时市政府将组织有关部门针对区县的自查情况进行抽查。


  在信息收集的同时,国土部门将“打老虎”,在全市选择若干起顶风违法继续建设、销售小产权房以及其他情节恶劣的案件,直接予以查处,并且依法从严、从重处理。相关负责人表示,本市还将对重大典型案件进行公开通报,并挂牌督办。来自群众举报的小产权房,市国土局相关部门将在核实情况后将项目名单在网上公开曝光。


  而后,住房城乡建设部门将组织拆除小产权房项目售楼处,查封施工工地,并对销售小产权房的房屋中介机构及开发商从严查处;并对未取得国土、规划、住房城乡建设部门审批文件,擅自进行建设的建设单位、施工单位、监理单位和测绘单位进行查处。


  下一步着重打击的对象,仍是新增小产权房。“本市将对新增小产权房采取零容忍的态度,坚持发现一起、查处一起。”市国土局相关负责人说,本市将对占用耕地、基本农田,不符合土地利用规划和城市总体规划的小产权房项目予以坚决拆除。


  占耕地农田项目坚决拆除


  昌平区国土分局局长汪少群说,国土系统中,将优先选择在建、在售、无人入住的小产权房项目进行拆除,这些项目多为新生,因此也符合今年本市严厉打击违法建设违法用地专项行动的工作节奏。


  “对于已经售出、并且有人入住的项目,要在摸底排查后,分门别类进行处理。”汪少群说。


  公开信息显示,去年9月和今年6月,市国土局已经在官网上公开曝光了全市83宗小产权房项目;此后又公开曝光了23宗变相小产权房项目。按照昨日通报内容,83宗小产权房项目中已经有76个获得行政处罚,另外有7个还在处理过程中。这些项目中,有7个已经全部拆除,5个涉及占耕地的部分已经拆除。同时没收了240.9万平方米的违法建筑物面积,并有30个项目已经申请法院强制执行,8名违法当事人已移送公安机关,31名责任人已移送监察机关处理。其中,1名主管镇长受到党内处分,4名村支部书记受到免职处分。


  此外,今年公布的23个以“汽车营地、生态农庄、私家菜园”等名义违法建设租售的变相小产权房项目:18个已拆改到位,5个正在整改。拆除建筑物面积3.28万平方米,2名违法当事人已移送公安机关。


  参与企业个人将进“黑名单”


  昨日公示内容显示,住建部门依法对能够确认的9个项目施工单位中的5个实施了处罚,其他4个正在立案查处;在查清事实基础上依法对9家设计单位和5家测绘单位进行了查处。


  但记者发现,在这些小产权房背后的“开发商”,往往连房地产开发资质都不具备。虎峪自然风景区的小产权房由北京煜洲昌盛投资有限公司建设,崔村镇南庄营村的违建由北京富鼎昌饲料有限责任公司建设,建设在河道内的白羊沟度假山庄也是由银发投资集团建设,这些企业的经营范围都与房地产开发无关。除了单个项目处罚,对这些企业还有其他惩处措施吗?


  “只要建设过小产权房,这些企业就再也没有从事房地产开发、建设方面的资质。”昌平区建委副主任王立表示,目前建设系统中已经建成了一个“黑名单”,如果这一公司或法人代表曾经参与或者建设过小产权房,其企业无法增加建设系统内的任何资质,而法人代表个人名下的其他公司,也无法申请增加任何和建设系统有关的资质。


  “简单说来,就是连人带公司都进了‘黑名单’。”王立说。


  便民提示



  小产权房存在四风险


  不符合规划,面临拆除风险;不走正规网签和产权转让途径,合同不具有法律效力;市政不供应水、电、气、热;楼体的水泥强度不够,钢筋偷工减料……市国土局提示,购买小产权房业主将面临四种风险,市民最好还是不要租买。


  一是规划不符要拆除。对不符合城市规划和土地利用总体规划的“小产权房”项目将面临被拆除的风险。另外,占用河道、消防通道、基础设施、耕地等的非法建筑,也将面临被拆除的风险。昌平区流村镇的白羊沟度假山庄因占用行洪河道,已由区政府组织依法拆除。


  二是私下交易无保障。“小产权房”的销售一般以手机短信、发放传单、网络广告,或通过黑中介形式,招揽购买者。以找开发商、物业公司、村委会开具或修改底单的形式对外销售,其所出具的购房证明不具备法律效力。有的违法者甚至通过私刻公章、伪造有关材料,销售房屋进行诈骗,使广大购房者上当受骗面临“钱房两空”。(房山区栢西枫林案)


  三是水电燃气存隐患。“小产权房”社区没有政府统一规划的供水、供电、供天然气系统,在供水方面多是私挖自备井作为居民生活用水,水质未经过自来水厂的检测与消毒,饮用水质没有保障。供电多从邻近村落或变电站拉取电线,因前期未经过电力公司的规划设计,通常用电量会超过变电站最大负荷电量,实为火灾隐患。在供燃气方面,多数“小产权房”没有燃气供气系统,只能购买天然气液化罐来满足日常生活需要。


  四是偷工减料有危险。由于大量“小产权房”建设无详细规范的规划设计,房屋建设人多以“利益最大化”的原则购买相关建筑材料,建设起点低、标准低、缺乏专业业务指导,随意性大,布局不合理。建设过程得不到有效监管,房屋在建过程中和竣工交付使用后均存在较多安全、质量、消防等隐患,极易引发安全事故和法律责任,居民的生命财产安全得不到保障。


(原标题:新建小产权房 本市“零容忍”)


(编辑:SN095)
2013年11月26日03:50
北京日报
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