Strictly manage stock! Strictly control the increment!Hunan promulgates the country’s first local regulations regulating the safety management of residents’ self-built houses

Guide Xiangban

On the afternoon of today (November 23), the 34th Standing Committee Meeting of the Thirteenth People’s Congress of Hunan Province voted and approved the “Several Regulations on the Safety Management of Self-Building Housing of Residents of Hunan Province” (hereinafter referred to as The rules”). It will enter into force on 1 January 2023.

Xiangbanjun learned that this is the first local regulation in the country that specifically regulates the safety management of residents’ self-built houses, and will provide effective legal protection to prevent and resolve the safety risks of residents’ self-built houses.

What is the specific process of promulgation of the “Rules”? What content is worth paying attention to? And look down.

processes

Over the years, with the rapid development of urbanization, a large number of self-built houses by residents have been built in key areas such as urban-rural fringe areas, urban villages, resettlement areas, schools and hospitals, industrial parks and tourist centers attractions. , The phenomenon of reconstruction and expansion is relatively common, and there are serious security risks. Since 2020, there have been many serious collapses of self-built houses across the country, resulting in a large number of casualties, according to the Xinhua news agency.

Every collapse incident is a painful lesson. Collapse accidents occur frequently in self-built houses. The main reason is that for a long time, self-built houses have been illegally expanded and rebuilt, and residences have been converted into commercial businesses. There is a serious lack of supervision. self-built houses is poor, centralized and obsolete, and the regulatory system and mechanism are not smooth. Therefore, it is urgent to promulgate a law that fills the “legislative gap” in the management of the safety of the residents’ self-built houses.

After the “4.29” self-built house collapse incident in Wangcheng, Changsha, the provincial party committee and the provincial government attached great importance to it, comprehensively carried out the special rectification of the safety of self-built houses in the province, and the The action of “100 days of law enforcement”, with a “zero tolerance” attitude towards illegal construction and modification, shows the sword and comprehensively eliminates the security risks caused by self-built houses in violation of laws and regulations.

The Standing Committee of the Provincial People’s Assembly assumed the responsibility of the local People’s Assembly to ensure safe development and decided to adopt a “small and fast” legislative approach to legislate the safety management of residents’ self-built houses. It is hoped that through the establishment and improvement of systems such as residents’ self-build housing construction and use safety management, housing safety assessment, etc., the departmental supervision responsibilities will be clarified, the management information will be shared, and the safety inspection, safety assessment and disposal of dilapidated houses will be further strengthened. Housing construction safety supervision provides a strong legal guarantee.

The Standing Committee of the Provincial People’s Congress and the Provincial People’s Government jointly established a special legislative class Comrades of the Environmental and Resources Protection Commission of the Provincial People’s Congress, the Legislative Affairs Commission of the Standing Committee of the Provincial People’s Assembly provincial people, The Department of Justice, the provincial Department of Housing and Urban and Rural Development and other departments are members of the special legislative class A member of the drafting team to carry out the drafting work comprehensively.

In order to ensure the scientific nature of the legislation, the Law and Regulation Drafting Group solicited opinions from the competent departments employed by the Province, housing, urban planning and other departments of various cities and prefectures. amendments to the draft by relevant departments and deputies to the National People’s Congress. After drafting, the draft was circulated to City and Prefectural People’s Assemblies Standing Committees to solicit review opinions from City and County Level People’s Assemblies Standing Committees, People’s Governments, relevant departments and some common governments, as well as the review opinions of some representatives of the Provincial People’s Congress.

On the afternoon of November 23, the 34th Standing Committee meeting of the 13th Hunan Provincial People’s Congress voted to approve the “Regulations”, filling the “legislative gap” in the safety management of residents’ self-built houses across the country.

focus on

As the country’s first local regulation specifically regulating the safety management of residents’ self-built homes, the “Regulation” took the lead in clarifying the definition of self-built homes by residents of the country. private houses (including subsidiary buildings, structures and other structures).

The “Regulation” focuses on the existing difficulties in the management of the safety of the residents’ self-built houses, carries out the high-level design of the legal system, and establishes the supervision of the residents’ self-built houses platform, the responsibility of the house safety, and acceptance of the completion of the house in accordance with the Life Cycle Management Act. , safety assessment, safety survey, dilapidated house disposal, citizen participation and a number of systems.

Mr. Xiangban solved it, and found the following points to be particularly worthy of attention.

First, strictly control the stock of self-built housing by residents. The “Regulation” clarifies that if the original legal approval exceeds 3 floors, the number of floors after the renovation (expansion) and reconstruction cannot exceed the original number of legally approved floors.

In general, there are no more than 3 types of businesses for each resident’s self-built home. Strictly control the number of people according to the structural safety, operational safety, legal compliance of house construction and fire safety requirements for residents’ self-built houses. Residents’ self-constructed homes that were used for business prior to the announcement date of these regulations do not meet the requirements of this article and must be retrofitted to meet the regulations prior to June 30, 2025.

Second, strictly control the increase of self-built houses of residents. The “Rules” clearly state that new self-build homes are not permitted within the current building land in cities and counties. It is clear that new residents’ self-built homes should generally not exceed 3 stories.

Third, compact the responsibility for housing use safety, clarify the landlord’s main responsibility for safety management and the legal responsibility of the housing safety assessment agency. Including: do not add floors or demolish the main supporting structure of the house without authorization; conduct daily safety inspections, maintenance and repairs on the home and eliminate safety hazards in a timely manner; Emergency measures such as crowd evacuation and installation on warning signs; ensure fire safety of housing; other responsibilities provided by laws, rules and regulations.

In addition to strictly implementing the main responsibility, the person responsible for the safety management of residents’ self-built houses used for commercial activities must also obtain a housing safety assessment certificate compatible with the requirements of the enterprise format or a completed project after the reconstruction (expansion ) or reconstruction according to the requirements of the business format. The acceptance certificate must meet the fire safety standards that the business premises should have.

Fourth, clarify the management responsibilities of governments at all levels and their departments. Where is the main body in charge of supervising and managing the safety of self-built houses? The “Regulations” clarify that town governments and sub-district offices should implement land responsibilities, be responsible for supervising the safety and management of residents’ self-build homes within their jurisdictions, and conduct day-to-day safety supervision of residents. residents self-built houses. This move will downgrade the responsibility of self-built house security management of rural residents to the grassroots, and fully empower the township people’s governments of the whole province to implement the administrative sanction power of the relevant departments of the county-level people’s government for the management of the safety of self-built houses of residents. It has solved the problems that grassroots government wants to handle but does not have the right to handle, does not have the ability and strength to handle, and has opened up the “last mile” of comprehensive grassroots law enforcement.

At the same time, to further clarify the responsibilities of departments and strengthen collaborative management, the “Regulations” scientifically divide the responsibilities of housing construction, natural resources, planning, agriculture and rural areas, urban management, fire rescue, market supervision and other government departments in accordance with the law, and compact land management of municipalities and sub-district offices Responsibility, improve security management measures, and under the premise of the unified legal system, fully demonstrate the characteristics of Hunan and improve the l effectiveness of the legislation.