Public Restrictions On The Development On Collective Land For Construction Use In China

Based on an analysis on laws and regulations after reform andopening-up, with the Land Administration Law as the main line, combinedwith relative provisions, this paper examined public restrictions on thedevelopment on collective land for construction use, in order to summarizepatterns of public restrictions on that development and specific contents ofthose restrictions in different periods.Before the enactment of The Land Administrative Law1986, provisionsrelating to restrictions on the development on collective land for constructionuse scattered in administrative regulations, departmental rules and normativedocuments, without relative provisions in any law. The Land AdministrativeLaw1986enumerated five types of construction projects which shoulddirectly apply for the usage of collective land for construction use, whichrestrictive pattern is considered as control by project. In The Land Administrative Law1998, that restrictive pattern was converted to approvalfor exception, which meant that collective lands cannot be used fordevelopment in principle and can be approved for development underexceptional conditions for four types of construction projects. Provisionsabout those restrictive patterns include requirements on subjects, proceduresand construction for development on collective lands for construction use.Although The Urban and Rural Planning Law2007establishes approvalsystem for rural construction planning, which imposes more strict restrictionson procedure for development on collective lands for construction use, therestrictive pattern of approval for exception is remained. In present, thedevelopment on collective lands for construction use in rural areas is stillrestricted by the pattern of approval for exception.