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Introduction

Strengthening the guidance and control of the competent department of urban and rural planning on the use of state-owned land and various construction activities is conducive to promoting the land use and various construction projects to conform to the development goals and basic requirements set out in the plan, thus providing guarantee for the realization of urban and rural overall planning, rational layout, land conservation, intensive and sustainable development.

Planning conditions:

The planning conditions are the prescriptive and guiding opinions put forward by the competent department of urban and rural planning to guide and control the construction of construction land and construction projects according to the regulatory detailed planning.

Planning basis:

If the right to use state-owned land is provided by way of transfer in the planned areas of cities and towns, before the transfer of the right to use state-owned land, the competent department of urban and rural planning of the people’s government of the city or county shall, in accordance with the regulatory detailed planning, put forward the planning conditions such as the location, nature of use and intensity of development of the transferred plots as an integral part of the contract for the transfer of the right to use state-owned land.

Planning contents:

Planning conditions generally include prescriptive (restrictive) conditions, such as plot location, nature of land use, development intensity (building density, building control height, floor area ratio, green space ratio, etc.), location of major traffic entrances and exits, parking lot berths and other infrastructure and public facilities control indicators that need to be configured, etc. Guiding conditions, such as population capacity, architectural form and style, and historical and cultural protection and environmental protection requirements.

Planning provisions:

1. Planning conditions are an integral part of the contract for assigning the right to use state-owned land. For plots whose planning conditions have not been determined, the right to use state-owned land shall not be sold. If the planning conditions are not included in the state-owned land use right transfer contract, the state-owned land use right transfer contract is invalid.
2. When the competent department of urban and rural planning of the people’s government of a city or county issues the Construction Land Planning Permit, it shall not arbitrarily change the planning conditions that are part of the contract for assigning the right to use state-owned land.
3. The construction unit shall carry out construction in accordance with the requirements of the planning conditions; If it is really necessary to change, an application must be submitted to the competent department of urban and rural planning of the people’s government of the city or county.

The above is only applicable to the Urban and Rural Planning Law of the People’s Republic of China

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