REGULATIONS OF SHANGHAI MUNICIPALITY ON CITY PLANNING

(Valid From:1997.07.15)

CHAPTER I GENERAL PROVISIONS
CHAPTER II BASIC STIPULATIONS
CHAPTER III THE DRAFTING AND APPROVAL PROCESS IN CITY PLANNING
CHAPTER IV ADMINISTRATIVE CONTROL OVER THE PLANNING OF THE LAND TO BE USED FOR CONSTRUCTION
CHAPTER V ADMINISTRATION OF PLANNING OF CONSTRUCTION PROJECTS
CHAPTER VI EXAMINATION AND APPROVAL PROCEDURES IN CITY PLANNING ADMINISTRATION
CHAPTER VII SUPERVISION AND INSPECTION OVER THE IMPLEMENTATION OF URBAN PLANS
CHAPTER VIII LEGAL LIABILITY
CHAPTER IX SUPPLEMENTARY PROVISIONS

Article 1 For the purpose of scientifically formulating plans for city planning, strengthening administrative control over city planning, promoting the harmonious development of the economy, the society and the environment, and accomplishing the modernization of the city, these regulations are formulated in accordance with the City Planning Law of the People's Republic of China and other relevant laws and regulations, and in the light of the actual circumstances in Shanghai.

Article 2 These regulations shall be observed in formulating and implementing plans for city planning and in carrying out all types of construction work within the limits of the administrative area of the municipality.

Article 3 City planning is the basis for urban construction and for administration of city planning. Land use and all types of construction work must conform with city planning and be subjected to administrative control by city planning.

The formulation of plans for city planning must conform with the law and no organization or individual person shall be allowed to make alterations in or abolish the plans without going through legal procedures.

Article 4 City planning shall be carried out under a unified leadership and a unified program according to uniform standards with administrative control being exercised at separate levels. In addition, the policy of requiring a Written Opinion on Site Selection for Construction Project, a Permit for City-Planning-Approved Land Use and a Permit for City- Planning-Approved Construction Project shall be carried out.

For staff members engaging in administrative control work of city planning, the policy of requiring job qualification certificates shall be carried out.

Article 5 The Municipal People's Government shall be responsible for the formulation and implementation of city planning for the entire municipality. The Municipal City Planning Commission shall be responsible for coordinating important programs of city planning and important matters in relation to administrative control over city planning.

The District or County People's Government shall, in accordance with the requirements of city planning for the entire municipality, be responsible for the formulation and implementation of city planning in their own respective administrative areas according to their own given authority.

The Municipal and the District or County People's Government shall make an annual report to the People's Congress or its standing committee at the equivalent level of each on the formulation and implementation of urban plans.

Article 6 The Shanghai Municipal City Planning Bureau (hereinafter referred to as the Municipal City Planning Bureau or the Municipal Administrative Department of City Planning) is the competent administrative department in charge of city planning in the entire municipality. The Municipal City Planning Bureau may, in case of need, set up detached offices with delegated authority to take charge of city planning work in designated areas.

The administrative department in charge of city planning in the Pudong New Area and in other districts or counties (hereinafter referred to as the Area/District/County Administrative Department in Charge of City Planning) shall, according to its own given authority, be responsible for city planning work within its own administrative area and shall be, in the performance of technical work, under the leadership of the Bureau of City Planning.

The relevant administrative departments in the municipality shall, according to their respective given duties, work in cooperation with the Municipal and Area/District/County Administrative Department in Charge of City Planning in implementing these regulations.

The subdistrict administrative offices and the people's government at township or town level shall assist the Municipal and Area/District/County Administrative Department in Charge of City Planning in exercising supervision and inspection over illegal construction work within their own respective administrative areas.

Article 7 Every organization and individual person has the obligation to comply with the requirements of city planning and has the right to complain against and denounce any act in violation of city planning.

Article 8 City planning must conform with the actual conditions of the country and of the municipality, must be based on a scientific forecasting of city development, and must correctly handle the relationship between short-term development and long-range development, between local interests and global interests, and between economic development and the ecological environment.

City planning must conform with development strategies of the city, must be integrated with economic and social development plans, and must be in concert with the overall planning governing homeland planning, hydrographic planning and land use overall planning.

Article 9 City planning and urban construction must promote economic and social development and improve the living environment of the people, and must persist in the integration of economic benefits, social benefits and environmental benefits.

Article 10 City planning and urban construction must protect the public interest of society at large, must conform with the requirements of fire prevention, earthquake precaution measures, flood control, civil defence, etc. in the city, and must safeguard public safety, public sanitation, urban traffic and the city-scape.

Article 11 In city planning and urban construction the policy guideline of building up the country through thrift and hard work and the principle of suitability for use and economization must be adhered to, rational and economical use of land must be persisted in and subterranean space must be exploited and used in a comprehensive, well- planned way.

Article 12 City planning and urban construction must protect and improve the ecological environment of the city, must prevent pollution and other public hazards, must protect existing green space, shade trees and ancient and famous plant life, must develop landscape green space, and must emphasize environmental hygiene and the good appearance of the city.

Article 13 In city planning and urban construction, protection must be given to ancient and cultural sites and buildings and architectural complexes that have historical significance or cultural, artistic or scientific value, with special emphasis on the protection of historic sites and natural landscape of unique value.

Article 14 The development of new urban areas and the redevelopment of old urban areas must be integrated in a unified plan, must be planned and arranged rationally, must pursue a course of comprehensive development, and must give priority to the construction of auxiliary, complementary projects and of infrastructure works, and construction work must be carried out with a relative concentration of resources.

The redevelopment of old urban areas must be integrated with the restructuring and redistribution of industries, must rationally readjust the use of land, must keep a check on the building of high-rises, must lower building density, must increase public green space, must help improve urban traffic, must further improve urban infrastructure, and must strengthen the multifunctionality of the city.

The redevelopment of old urban areas must concentrate on those areas with a high concentration of dilapidated houses, shacks and temporarily thrown-up dwellings and those areas that are lacking in municipal works and public utility facilities, that are afflicted by traffic congestion or environmental pollution or that are water logging-prone.

CHAPTER III THE DRAFTING AND APPROVAL PROCESS IN CITY PLANNING

Article 15 The drafting of plans in city planning is divided into two stages: overall planning and detailed planning. An overall plan shall be drafted for the following areas and towns or townships:

1. The administrative districts and the key city of the municipality;

2. The administrative districts of Baoshan, Jiading and Minhang and the administrative areas of all the counties, including towns where the District or County People's Government is located, famous historic and cultural towns, administratively independent industrial towns and other organic towns;

3. The administrative areas of township and towns, including the seats of the people's government of township or towns;

4. Municipal economic and technological development zones and municipal- level industrial parks.

Overall planning shall include the planning of each specialized line of development; on the basis of the overall planning the key city shall draft plans for the districts as separate entities and such planning shall be deemed as a part of the overall planning.

The detailed planning shall include controlling detailed planning and constructive detailed planning (including urban design).

Article 16 The various types of city planning shall be based on city planning done at an immediately higher level and their content shall conform with the national city planning law and the pertinent regulations of the municipality.

Article 17 The drafting of the overall plan of the entire municipality and the key city shall be organized by the Municipal People's Government, and after being submitted for examination and approval by the Municipal People's Congress or its standing committee, the plans shall be submitted to the State Council for examination and approval.

The drafting of the plan for each specialized line of development shall be organized by the competent administrative department in charge and, after comprehensive equilibration and consolidation by the Bureau of City Planning, the plans shall be incorporated into the overall plan of the municipality.

The drafting of the plan for each separated district of the key city and of the overall plan of famous historic and cultural towns, administratively independent industrial towns, municipal economic and technological development zones and municipal-level industrial parks shall be organized by the Municipal City Planning Bureau, the plans shall be submitted to the Municipal People's Government for examination and approval.

The drafting of the area plan of Baoshan District, Jiading District and Minhang District and of the various counties and the drafting of the overall plan of towns where the District or County People's Government are located shall be organized respectively by the District or County People's Government and, after comprehensive equilibration by the Municipal City Planning Bureau and, after being examined and approved by the People's Congress at the corresponding level or its Standing Committee, the plans shall be submitted to the Municipal People's Government for examination and approval.

The drafting of the area plan of a township or town and the drafting of the overall plan of other organic towns shall be organized by the Township or Town People's Government concerned and after comprehensive equilibration by the Area/District/County Administrative Department in charge of city planning, the plans shall be submitted to the District or County People's Government for examination and approval, and be reported to the Municipal City Planning Bureau for the record. Among these plans, the area plan of towns and townships and the overall plan of organic towns that are being contiguous with the key city shall, after being examined and approved by the District or County People's Government, be submitted to the Municipal City Planning Bureau for examination and approval.

Article 18 The drafting of the detailed plan of construction projects in the key areas, on the two sides of major roads and of construction projects that have an important effect on the general urban layout of the municipality shall be organized by the Municipal City Planning Bureau and the plans shall be submitted to the Municipal People's Government for examination and approval.

The drafting of the detailed plans in the Pudong New Area, except for the Central Business District and the two sides along the Axis Avenue, shall be organized by the Administrative Department in Charge of City Planning of Pudong New Area and the plans shall be submitted to the administrative authority of the Pudong New Area for examination and approval, and be reported to the Municipal City Planning Bureau for the record.

The drafting of the detailed plan of ordinary subsections of the key city shall be organized by the District People's Government concerned, and the plans shall be submitted to the Municipal City Planning Bureau for examination and approval.

The drafting of the detailed plan of Baoshan District, Jiading District and Minhang District and of the towns where County People's Governments are located, and of municipal-level industrial parks shall be organized by the District or County People's Government concerned and the plans shall be submitted to the Municipal City Planning Bureau for examination and approval. The drafting of the detailed plans of other organic towns shall be organized by the Administrative Department in Charge of City Planning of the district or county concerned, and the plans shall be submitted to the District or County People's Government concerned for examination and approval, and be reported to the Bureau of City Planning for the record.

Subject to approval by the Administrative Department in Charge of City Planning of the municipality or the district or county concerned, constructive detailed plans may be drafted in accordance with the controlling detailed plan by an organization that, having the proper qualifications for engaging in city planning and design, is authorized by the development organization concerned to undertake the work, and the plans shall be submitted for examination and approval in accordance with the procedures stipulated in this article.

Article 19 The Administrative Department in Charge of City Planning at the municipal or district or county level shall, after accepting a document concerning city planning that is submitted for examination and approval, give an official written reply within 50 statutory working days.

Article 20 In case major alterations are required in the already approved overall plan regarding the designated functions, size limit, development orientation and general layout of the city in accordance with the requirements for harmonious development of the city's economy, social life and environment, the stipulations in Article 17 of the present Regulations shall be abided by. In the case of partial readjustment in an already approved overall plan, that in the municipal overall plan and that in the key city overall plan shall be reported by the Municipal People's Government to the Standing Committee of the Municipal People's Congress and also to the State Council for the record; that in other overall plans shall be submitted to the original approval authority for examination and approval.

For alterations and readjustment in an already approved detailed plan, the stipulations in Article 18 of these regulations shall be abided by.

Article 21 In drafting urban plans, the opinions of specialists, local residents and interested parties must be solicited in an organized way.

Article 22 The overall plan of the Municipality, upon approval by the State Council, shall be published by the Municipal People's Government. Other types of urban plans shall be published by the approval authority concerned.

Article 23 Design institutes that engage in city planning in the municipality must hold certificates for city planning design of a correspond status. Non-local design institutes must have the approval of the Municipal City Planning Bureau.

CHAPTER IV ADMINISTRATIVE CONTROL OVER THE PLANNING OF THE LAND TO BE

Article 24 All use of land for construction must comply with the technical standards of city planning and city planning administration. A development organization or an individual person must apply for a Written Opinion on Site Selection for Construction Project and for a Permit for Planning of Land Use according to regulations.

Article 25 All land to be used for construction must do site selection and fixing of location within an area of land which under city planning has this designated function of land use. In areas without adequate infrastructure and without workable solutions, the building of new project or the relocation of existing ones must be strictly controlled, the scattering of construction projects here and there along a highway is prohibited.

Article 26 The grant of land use rights to state-owned land must be carried out in conformity with the requirements of the technical standards of city planning and city planning administration. The Municipal City Planning Bureau shall participate in the making of plans for the grant of land use rights to state-owned land.

A contract for the grant of land use rights to a certain lot of state- owned land must specify such city-planning requirements for the lot concerned such as the location, boundaries, designated functions of land use, floor area ratio of building, building density, green space ratio, parking area, etc. that are provided by the Municipal or Area/District/County Administrative Department in Charge of City Planning according to the already approved detailed plan and must be attached with their graphic representations.

A contract for the assignment of land use rights to state-owned land must be attached with all the city-planning requirements and accompanying graphic representations in the original contract for the grant of land use rights.

A transferee of land use rights to state-owned land shall not, in the development and management of land, make any alterations in the city- planning requirements specified in the contract for the grant of land use rights without the approval of the Municipal or Area/District/County Administrative Department in Charge of City Planning that originally handled the examination and approval procedures.

Article 27 Adequate protection must be given to existing and planned special-purpose land such as public green spaces (including parks, street side landscaping, etc.), production-use green space, greenbelts, special-purpose green space (including green space on residential developments, gardens, green space on land used by various organizations, etc.), basic agricultural land under protection, protected vegetable cropland, fields for public activities, land for outbound traffic, land for municipal works and public utility facilities, land for medical institutions, sports fields, school grounds, etc.. No change shall be made in their use without going through the legal procedures for making readjustments in urban plans.

The construction of buildings or structures on roads and streets, city squares, riverbeds, hightension power transmission line corridors, directly on urban underground pipes and power lines or against flood- prevention embankment is prohibitied.

Article 28 Areas built up according to urban plans and residential neighborhoods, lanes, detached residences, apartment buildings in old urban districts that according to city planning are to be preserved shall not be demolished, encroached upon by interposed structures or extended (including building upon the original structure) without going through the legal procedures for making readjustments in urban plans.

Article 29 All organizations and individual persons must obey the decision on readjustment of land use made by the Municipal and District or County People's Government in accordance with their respective given authority and in conformity with legal procedures.

Article 30 In case a construction project is located alongside of land that in the urban plan is set aside for public use such as roads and streets, river courses, greenbelts, etc., the development organization shall, in requisitioning land, include the land set aside for public use according to the urban plan.

Article 31 In case temporary use of land is required for construction work, the user of the land shall apply for a Permit for City-Planning- Approved Temporary Use of Land.

Land for temporary use must be used for the purpose(s) approved by the Municipal or District or County Administrative Department in Charge of City Planning and must not be used for any other purpose, or be transferred to others, and no permanent buildings or structures shall be built on it. At the expiration of the period of time allowed for temporary use, the land user shall be responsible for dismantling all temporary structures, for restoring the land to its original state and for returning it to the original owner or user.

CHAPTER V ADMINISTRATION OF PLANNING OF CONSTRUCTION PROJECTS

Article 32 All construction projects must comply with the technical standards of city planning and city planning administration. A development organization or individual person must apply for a Permit for Planning of Construction Project according to regulations.

Article 33 New or altered buildings or structures (including underground structures) along roads and streets and their auxiliary facilities must not go beyond the red line stipulated by city planning for roads and streets, and must be placed at a stipulated distance back from it.

For existing buildings within the area delineated by the red line stipulated by city planning for roads and streets, in case partial alterations is made on those of them that are better structured and whose demolition has been put off with the approval of the Bureau of City Planning, the ground flood of the said buildings that go beyond the red line stipulated by city planning for roads and streets shall be rebuilt into a covered sidewalk for pedestrians.

For a construction project located along a road or street, the development organization or individual person concerned shall apply to the Municipal or County Administrative Department in Charge of City Planning for the setting up of boundary markers of the red line stipulated by city planning for roads and streets.

Article 34 Construction projects involving new buildings, building alterations or building extensions must incorporate in their plans green spaces and parking areas (garages) for motor-driven and non-motor-driven vehicles according to regulations, and also include the installation of public lavatories according to the requirement of city planning, and all these facilities must be designed as an integrated part of a construction project, must be built and made available to the users at the same time with it, and must not be used for any other purpose.

Article 35 In building new or altering existing public works and urban roads and streets, barrier-free facilities must be installed.

Article 36 Historic and cultural sites under protection and representative modern architectural structures must be preserved according to regulations. Within the limits of the area being preserved, no new buildings shall be allowed. Alterations of existing buildings within the limits of the area being preserved, or building new architectural structures or making alterations in existing ones within a limited-construction area must comply with pertinent regulations and must not jeopardize the existing milieu and architectural style.

Article 37 All buildings, structures, roadside sculptures, outdoor advertising and other facilities must conform with the requirements of city planning and of maintaining the good appearance of the city.

No piecemeal or crudely thrown-up buildings or structures shall be allowed along the major roads. Auxiliary structures and auxiliary facilities of buildings along roads and streets must not adversely affect the city-scape. In the process of building or rebuilding major roads in the key city, all pole lines shall be re-laid underground.

Article 38 The elevation of the outdoor ground surface of a constructed structure must comply with the requirement of the relevant detailed plan. In an area for which no detailed plan has been drafted, such elevation may be decided by reference to the drainage system in the surrounding area and the elevation of nearby roads and streets and buildings.

The elevation of the road surface of new or rebuilt roads and streets must be on a par with the elevation of the ground surface of the adjoining block and of other buildings along the road or street and must not prevent the drainage of adjoining areas.

Article 39 The construction of pipes and power lines, roads and streets, bridges and tracked communication projects must be equilibrated comprehensively and planned as a whole.

Article 40 Construction projects that must conform to administrative standards in such areas as environmental protection, environmental sanitation, health and epidemic prevention, labor safety, fire prevention, traffic control, urban landscaping and afforestation, water supply, drainage, power supply, heat supply, gas supply, communications, underground engineering projects, river and harbor administration, railway system, air transportation, meteorology, flood control, earthquake control, civil defence, military affairs, national security, cultural relic preservation, preservation of historic buildings, survey markers and irrigation and water conservancy, etc. must comply with the pertinent regulations of the state and the municipality.

Article 41 In making designs for construction projects, a design institute must conform with the technical standards of city planning and city planning administration or the design standards put forward by the Area/District/County Administrative Department in Charge of City Planning in accordance with the requirements of city planning, and shall be responsible for the quality of the design work.

A construction organization must carry out construction work according to the graphic representations attached to the Permit for Planning of Construction Project and shall be responsible for the quality of the construction work.

Article 42 A development organization or an individual person concerned must, after on site lofting of a construction project and of project of pipes and power lines, roads and streets or bridges building is done, apply to the Municipal or Area/District/County Administrative Department in Charge of City Planning for rechecking, and report the date on which construction work will begin, and shall start the construction work only when the rechecking has proved that no mistake has been made. The Municipal or Area/District/County Administrative Department in Charge of City Planning shall, within seven statutory working days after the date of acceptance of the application, complete the rechecking process.

Article 43 A development organization or an individual person must complete fully every aspect of the construction work and the environment building on the building lot in accordance with the requirement of the Permit for Planning of Construction Project and the graphic representations attached thereto.

Article 44 A development organization or an individual person must, upon the completion of a construction project, apply to the Municipal or Area/District/County Administrative Department in Charge of City Planning for checking and acceptance according to city-planning standards. If in checking the project is found to be below the standards required by city planning, the Municipal or Area/District/County Administrative Department in Charge of City Planning shall not put its seal on a certificate of acceptance; and the administrative department in charge of housing and real estate shall not handle the registration of property right for it.

When the checking and acceptance procedures of a construction project are completed, the development organization concerned shall in less than two months dismantle all temporary facilities on the building lot.

A development organization or an individual person shall, in less than six months after the completion of a construction project and its checking and acceptance procedures, report and send in gratis according to regulations to the Municipal Urban Construction Archives or the Area/District/County Urban Construction Archives the files on the completion of the construction project.

Article 45 The use of an architectural structure must conform with the function designated and approved for it in the Permit for Planning of Construction Project. Any change in the designated function of an architectural structure must be reported to the Municipal or Area/District/County Administrative Department in Charge of City Planning that originally handled the examination and approval procedures for approval.

Article 46 Temporary structures must not be higher than two stories, and their use must not exceed two years; in case of real need for an extension of their period of use, application may be made for an extension only once and the extension must not exceed one year. The use of temporary structures for a changed purpose shall not be allowed and their sale or transfer is prohibited; upon the expiration of the allowed period of use, the development organization or individual person concerned shall see to their dismantlement.

Article 47 Houses in areas with a concentration of slum houses or temporarily-thrown-up dwellings shall be rebuilt in accordance with city planning; in case no rebuilding plans has so far been formulated, renovation may, subject to approval, be carried out, but in the course of renovation the relative needs of the renovated buildings and of neighboring ones in such respects as drainage, ventilation, lighting, etc. must be reconciled, the land occupied by the original structure must not be increased, and road traffic and safety from fire hazards must not be adversely affected.

Article 48 The construction of private dwellings in rural areas must, according to the needs of city planning, be planned as a whole with their locations relatively centered and their planning integrated with the planned development of villages and towns. Specific measures shall be enacted by the Municipal People's Government.

CHAPTER VI EXAMINATION AND APPROVAL PROCEDURES IN CITY PLANNING

Article 49 For all types of construction work, the examination and approval procedures for Written Opinion on Site Selection for Construction Project, the Permit for Planning of Land Use and the Permit for Planning of Construction Project are stipulated as follows:

1. A construction project site in a key area, or a construction project site within one block on either side of a major road, or a construction project that has a major effect on the general urban layout of the city or municipal-scale municipal works and public utility facilities, or construction projects for a military or security purpose and other key construction projects decided on by the Municipal People's Government shall be examined and approved by the Municipal City Planning Bureau;

2. Except for the construction projects listed in Item 1, other construction projects shall be examined and approved by the Area/District/County Administrative Department in Charge of City Planning and, after approval is granted, shall be reported within 15 days to the Municipal City Planning Bureau for the record. Of these, any change in the use of land that lies within the Outer Ring Road and along arterial highways, whether it has already been approved by city planning or has not been approved by city planning, and any design proposal for high-rises of 18 (inclusive) stories and above shall be submitted to the Municipal City Planning Bureau for examination and approval;

3. Construction projects in the Pudong New Area, except for those that have a major effect on the general urban layout of the city or municipal-scale municipal works and public utility facilities, or construction projects for a military or security purpose, shall be examined and approved by the Administrative Department in Charge of City Planning of the Pudong New Area and be reported within 15 days after the date of approval to the Municipal City Planning Bureau for the record. Of these, the design proposals for architectural structures in the Central Business District and along the two sides of the Axis Avenue must be submitted to the Municipal City Planning Bureau for examination and approval.

Article 50 In any one of the following cases, a construction project must apply for a Written Opinion on Site Selection for Construction Project and a Permit for Planning of Land Use:

1. When a new project or a relocated project has need for use of land;

2. When there is need to extend the limits of the original site so that additional land is needed other than what an organization already has; or

3. When a change must be made in the designated function of the land used by an organization.

Article 51 A development organization must, before submitting the feasibility study report of a construction project, apply to the Municipal or Area/District/County Administrative Department in Charge of City Planning for a Written Opinion on Site Selection for Construction Project according to regulations.

When making application for a Written Opinion on Site Selection for Construction Project, a development organization or an individual person must fill in and submit the "Application Form for Site Selection for Construction Project" with the requisite documents and graphic representations attached according to regulations. A large or medium- scale construction project must authorize in advance a planning and design organization with the required qualifications to make a study of and provide proof on the site selection.

The Municipal or Area/District/County Administrative Department in Charge of City Planning shall, within 40 statutory working days after receiving an application, complete the examination and approval procedures. In case approval is granted after examination, a Written Opinion on Site Selection for Construction Project shall be issued together with the appraised and approved size of design and the requirements of city planning on the design; in case approval is not granted after examination, a written reply shall be given.

In carrying out examination and approval work on the feasibility study report of a construction project, all relevant administrative departments shall check and verify the Written Opinion on Site Selection for Construction Project issued according to the respective given authority stipulated in Article 49 of these regulations.

In case the feasibility study report of a construction project has not been approved at the end of six months after the development organization has obtained the Written Opinion on Site Selection for Construction Project and in case no extension has been applied for, the Written Opinion on Site Selection for Construction Project shall automatically become invalid.

Article 52 A development organization or an individual person shall, in applying for the Permit for Planning of Land Use, fill in and submit the "Application Form for Permit for Planning of Land Use" with the feasibility study report of the construction project and the design proposal and all requisite documents and graphic representations attached according to regulations.

The Municipal or Area/District/County Administrative Department in Charge of City Planning concerned shall, within 40 statutory working days after accepting an application, complete the procedures of examination and approval. In case approval is granted after examination, a Permit for Planning of Land Use shall be issued; in case approval is not granted after examination, a written reply shall be given.

In the case of construction projects on state-owned land of which the use right is granted or assigned, application shall, after the conclusion and signing of the grant contract or the assignment contract, be made according to regulations to the Municipal or Area/District/County Administrative Department in Charge of City Planning for a Permit for Planning of Land Use or for a replacement of the original Permit for Planning of Land Use.

In case a development organization or individual person has failed to obtain approval documents for the use of land for construction at the end of six months after obtaining a Permit for City-Planning-Approved Land Use and in case no application has been made for an extension, the Permit for Planning of Land Use shall automatically become invalid.

An application for approval for temporary use of land for construction purposes may be made at the same time as the application for the Permit for Planning of Land Use.

Article 53 Application for a Permit for Planning of Construction Project shall be made according to regulations for the following categories of construction projects:

1. Construction projects for new buildings, building alterations and building extensions;

2. Building or rebuilding urban roads and streets, highways, bridges, pipes and power lines, tunnels and tracked communication system;

3. Large-scale repair work on historic and cultural sites under protection and on representative modern architectural structures and renovation work thereof that alters the existing externals, the structural system or the basic floor plan;

4. Large-scale repair work on architectural structures that entails making changes in major weight-bearing structural parts; or

5. Sculptural works set up along the sides of roads or streets and in city squares.

Article 54 A development organization or an individual person shall, in applying for the Permit for Planning of Construction Project, fill in and submit the "Application Form for Permit for Planning of Construction Project" and attach with it the requisite documents and graphic representations according to regulations.

The Municipal or Area/District/County Administrative Department in Charge of City Planning concerned shall, within 25 statutory working days after receiving an application, complete the procedures of examination and approval. In case approval is granted after examination, a Permit for Planning of Construction Project shall be issued; in case approval is not granted after examination, a written reply shall be given.

A development organization or an individual person that engages in construction on the original site or in a pipe and power line of road building project that does not require the making of an application for land use shall, according to regulations, apply to the Municipal or Area/District/County Administrative Department in Charge of City Planning for appraisal and approval of the project scope and for appraisal and approval of the requirements of city planning on the design, and submit and send in the design proposal according to regulations and, after the said design proposal is appraised and approved by the Municipal or Area/District/County Administrative Department in Charge of City Planning, shall apply for a Permit for Planning of Construction Project in accordance with the stipulations of the first clause of this Article.

For a Permit for Planning of Construction Project for a single building project, application must be submitted, according to regulations, to the Municipal or Area/District/County Administrative Department in Charge of City Planning for approval. A development organization or individual person must not break up an integrated project into parts and submit them separately for approval.

A development organization or individual person shall, at the time of receiving the Permit for Planning of Construction Project, pay a fee for the permit according to regulations, and begin construction work within six months. In case the construction work has not begun at the end of the given period of time and no extension has been applied for, or in case such an application has not been approved, the Permit for Planning of Construction Project shall automatically become invalid.

Article 55 For piecemeal construction projects like the following application shall be made to the Area/District/County Administrative Department in Charge of City Planning for a Permit for Planning of Construction Project (piecemeal) and the department that has accepted the application shall make its decision on examination and approval within 20 statutory working days:

1. Repair work on slum houses and temporarily thrown-up dwellings;

2. Construction of private houses in organic towns;

3. Renovation of the facade of houses along urban roads and streets; or

4. Installation of outdoor advertising facilities.

In case a piecemeal construction project is located in or near the People's Square, in the Central Business District, on a municipal-level commercial street or close to a historic and cultural site under protection, or a representative modern architectural structure, the design proposal shall be submitted to the Bureau of City Planning for examination and approval.

Article 56 A development organization or an individual person that engages in the construction of a temporary structure shall apply to the Area/District/County Administrative Department in Charge of City Planning that has jurisdiction for a Permit for Planning of Construction Project (Temporary) and the administrative department that has received the application shall make its decision on examination and approval within 20 statutory working days.

Article 57 In case alteration are required in the designated function, position and area of a building lot that have already been examined and approved in the Permit for Planning of Land Use or in case alterations are required in the designated function, position, floor area, height or structure of a building, in the position and width of a road, in the position and elevation (as measured under the bridge) of a bridge, in the position and calibres of pipes and power lines for municipal and utility works all of which have been examined and approved in the Permit for Planning of Construction Project, the development organization or individual person concerned must submit a report to the original examination and approval authority for approval.

Article 58 In case construction work requires that existing houses on the building lot should be demolished, the development organization or individual person concerned shall make application to the Municipal or Area/District/County Administrative Department in Charge of City Planning for permission. In such an event, if the house to be demolished is owned by the development organization itself or the individual person himself/herself, the said organization or person must present the certificate of real estate title; if the house to be demolished is owned by another organization or person, the development organization or person must present a certificate of agreement from the title holder.

CHAPTER VII SUPERVISION AND INSPECTION OVER THE IMPLEMENTATION OF URBAN

Article 59 The Municipal or Area/District/County Administrative Department in Charge of City Planning and their respective supervision and inspection agency shall be responsible for supervision and inspection over the implementation of urban plans formulated under city planning, and shall prevent and deal with illegal construction activities according to law.

Staff members engaged in supervision and inspection work for administration of city planning must, in carrying out their official duties, wear their official insignia, produce their credentials and guard the technical and professional secrets of the party being inspected.

Article 60 Supervision and inspection for city planning shall include the following items:

1. Building lots and construction projects that have not been approved by city planning;

2. The validity of the Permit for Planning of Land Use and the implementation thereof;

3. The validity of the Permit for Planning of Construction Project and the implementation thereof;

4. The effectiveness of city planning control over built-up area and non-built-up area as prescribed under city planning;

5. Rechecking of the lofting of a construction project;

6. Checking to see whether a completed construction project is acceptable according to city-planning standards;

7. The designated function of a building or structure as prescribed under city planning; and

8. Other matters requiring supervision and inspection as provided for in these regulations.

Article 61 In the case of a development organization, a design institute, a construction organization or an individual person that must be subjected to an administrative penalty according to the stipulations of the present Regulations, the Municipal or Area/District/County Administrative Department in Charge of City Planning shall put the case on file for investigation, make surveys in order to collect evidence, make a decision on the administrative penalty to be inflicted and hand down the decision to the party concerned.

Article 62 In case a party fails to obtain a Permit for Planning of Land Use but occupies for use a building lot on the strength of approval documents for land use for construction, the approval documents shall be invalidated and the Municipal or Area/District/County Administrative Department in Charge of City Planning concerned shall order the said party to vacate the land occupied and deal with the case as one of illegal occupation of land.

Article 63 In case of a development organization or an individual person and a construction organization engage in construction work without having obtaining a Permit for Planning of Construction Project or does not comply with stipulations of the Permit for Planning of Construction Project in its construction work, the Municipal or Area/District/County Administrative Department in Charge of City Planning concerned shall order it to desist from the work and, in the light of the seriousness of the negative consequences on city planning and on city administration of the illegal construction project, inflict penalties according to the following provisions:

1. In a case where the negative consequences are serious, the construction project concerned shall be dismantled under orders before a fixed date or be confiscated;

2. In a case where the negative consequences exist but can be offset by countermeasures, the party concerned shall be ordered to make corrections before a fixed date and be subjected to a fine that is equal to from 5% to 30% of the building costs of the framework of the said project; or

3. In a case where no negative consequences exist so far, the party concerned shall be subjected to a fine that is equal to from 2% to 20% of the building costs of the framework of the project and shall be ordered to make application for the Permit for Planning of Construction Project as a remedy.

A construction project that violates the provision of Article 27, Article 28, Section 1 of Article 33 or Article 36 shall be dismantled under orders before a fixed date.

Article 64 In the case of temporary buildings or temporary structures on a building lot whose dismantlement is overdue, the Municipal or Area/District/County Administrative Department in Charge of City Planning shall order the development organization or the individual person and the construction organization concerned to dismantle them before a fixed date and shall impose a fine of from 10 to 50 yuan per sq. meter of floor area per day beginning from the date on which the dismantlement becomes due.

Article 65 In a case where in violation of the provisions of the present Regulations application has not been made for rechecking of lofting for construction, a fine of under 2,000 yuan shall be imposed; in case construction work is carried out without regard for the requirements raised by the rechecking of lofting for construction and in case consequences are entailed by this, a penalty shall be imposed according to the provisions of Article 63 of the present Regulations.

Article 66 A design institute whose violation of the provisions of the present Regulations has resulted in illegal construction work shall be subjected to a fine by the Municipal or Area/District/County Administrative Department in Charge of City Planning that is equal to from 10% to 100% of the fees charged for design work.

A construction organization whose violation of the provisions of the present Regulations has resulted in illegal construction work shall be subjected to a fine by the Municipal or Area/District/County Administrative Department in Charge of City Planning that is equal to from 10% to 100% of the construction management expenses.

A design institute or a construction organization whose violation of the provisions of the present Regulations has resulted in illegal construction work shall be subjected by a competent administrative department to penalties ranging from criticism through a circular, suspension of work for rectification up to revocation of the certificate of qualifications in accordance with the seriousness of the case, or shall be dealt with according to pertinent regulations.

Article 67 Any change in the designated function of a building in violation of the provisions of the present Regulations shall be ordered by the Municipal or Area/District/County Administrative Department in Charge of City Planning to correct the mistake within a fixed time, and shall be subjected to a fine that is equal to from 2% to 20% of the replacement cost as computed by the cost of the current year.

Article 68 Any failure to report and send in the files on the completion of a construction project within the given time limit in violation of the provisions of the present Regulations shall be ordered by the Municipal or Area/District/County Administrative Department in Charge of City Planning to report and send in the required files before a fixed date, and shall be subjected to a fine in accordance with the provisions of the Regulations of Shanghai Municipality on Archives.

Article 69 When imposing a fine on an organization or an individual person that has violated the present Regulations, a formal receipt printed uniformly by the municipal financial administration shall be prepared and given to the party concerned. All money that is fined shall be turned over to the State Treasury.

All fines must be paid before a fixed date and an overdue payment shall be subjected to a fine that is equal to 3% of the original fined sum per day.

Article 70 In case a development organization, or an individual person, and a construction organization continue the construction work after receiving a notice of suspension of the work, the Municipal Administrative Department in Charge of City Planning may notify the power and water supply departments to cease power and water supply for the construction work, and the department concerned shall assist in the enforcement.

The Municipal and District or County People's Government may arrange for the demolition by relevant administrative departments of illegal construction projects that endanger public safety, public sanitation, urban traffic and the good appearance of the city, and all expenses thereby incurred shall be paid by the organization or individual person responsible for the illegal construction.

Article 71 The examination and approval authority shall not carry out examination and approval procedures for an urban plan of city planning in whose drafting the given authority has been exceeded or an urban plan of city planning that is illegally drafted.

An urban plan of city planning that has been illegally examined and approved or has been illegally altered shall be annulled by the People's Government at a higher level or by the Municipal City Planning Bureau.

Article 72 In case the Municipal or Area/District/County Administrative Department in Charge of City Planning, in violation of the provisions of the present Regulations, approves and issues a Written Opinion on Site Selection for Construction Project, a Permit for Planning of Land Use and a Permit for Planning of Construction Project, or makes other kinds of wrong decisions, the Municipal People's Government or the Bureau of City Planning shall order it to correct the mistakes or order their revocation and shall mete out punishment for the illegal construction projects; in case direct economic losses are caused, the administrative department that originally issued the permits shall make compensations according to law.

Article 73 In case the Municipal or Area/District/County Administrative Department in Charge of City Planning fails to complete on schedule the examination and approval procedures for the Written Opinion on Site Selection for Construction Project, the Permit for Planning of Land Use (including temporary use of land) and the Permit for Planning of Construction Project (including temporary and piecemeal projects) and thus causes direct economic losses, compensations shall be made according to law.

Article 74 The person in a development organization that is responsible for the violation of the provisions of these regulations and for the illegal construction work resulting therefrom, he or she shall receive an administrative sanction from a superior administrative department or from his/her own administrative department. In case the offense constitutes a crime, the wrongdoer shall be prosecuted for his/her criminal liability according to law.

Article 75 The person responsible for examination and approval procedures whose violation of the provisions of these regulations has resulted in illegal construction work shall be subjected by his/her administrative department or a higher authority to an administrative sanction.

A staff member of the Municipal or Area/District/County Administrative Department in Charge of City Planning that neglect his/her duties or abuse their powers or play favoritism and commit irregularities shall be subjected to an administrative sanction by his/her own administrative department or by a higher authority; in case the offense constitutes a crime, the wrongdoer shall be prosecuted for his/her criminal liability according to law.

Article 76 In case the party concerned deems unacceptable a specific administrative act, he/she may, within 15 days after the date on which the specific administrative act is learned of, make an application to the next higher authority of the administrative department that is responsible for the administrative act for a reconsideration of the case; in case the decision made after reconsideration is still deemed unacceptable, a suit may be filed with the people's court within 15 days after the date of receipt of the said decision. The party concerned may also file a suit directly with the people's court within 15 days after the date on which the specific administrative act is learned of.

In case the party concerned does not apply for reconsideration of a decision on administrative penalty within the given period of time and does not file a suit with the people's court and yet fails to carry it out, the administrative department that made the decision on the administrative penalty shall apply to the people's court for enforcement.

CHAPTER IX SUPPLEMENTARY PROVISIONS

Article 77 The following terms as used in these Regulations are defined as follows:

The term "key area" refers to areas prescribed in city planning, such as the People's Square, the Central Business District, urban sub-centers, municipal-level professional centers, municipal-level comprehensive residential developments, municipal-level economic and technological development zones, historical scene preservation sites, the scenic area of Dianshan Lake and Sheshan Hill, military installations under protection, Jinshanwei, the Baoshan Iron and Steel Complex, Anting, Wusong, Minhang and Wujing, municipal-level-limited-construction areas for preservation of historic and cultural sites and of representative modern architectural structures, the greenbelt along the Outer Ring Road, etc.

The term "major road" refers to municipal-level commercial streets (Nanjing Road, Huaihai Road, Sichuan Road North, Xizang Road Middle, etc.), the Axis Avenue of the Pudong New Area, the Inner Ring Road and the Outer Ring Road, the three main N-S avenues and the three main E-W avenues encircled by the Inner Ring Road.

The term "construction project that has a major effect on the general urban layout of the city" refers to airport, railways and railway stations and yards, harbor areas, the two flanks of the underground railway (metro) and its stations and yards, bridges and tunnels across the Huangpu River and their entry/exit ways, tracked communication lines and their stations and yards, high-tension power line corridors, etc.

The precise boundaries of "key areas, major roads and construction project that has a major effect on the general urban layout of the city" shall be delimited by the Municipal City Planning Bureau.

Article 78 The Municipal City Planning Bureau shall be responsible for the interpretation of these Regulations in their applications.

Article 79 These Regulations shall become effective on July 15, 1995. On the same date, the Regulations of Shanghai Municipality on the Administration of Planning for the Urban Development shall be repealed.