Regulations
on City Planning of the Shenzhen Municipality
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(Adopted
at the Twenty-second Meeting of the Standing Committee of the
Second Shenzhen Municipal
People' s Congress on May 15, 1998
and revised according to "The Resolution on Revising of
Article
8 of The City Planning Regulations of the Shenzhen
Municipality" passed at the Sixth Meeting of the Standing
Committee of the Third Shenzhen Municipal People' s Congress on
March 22, 2001)
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Chapter I General
Provisions
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Article 1
In order to make city planning scientifically, conduct urban
construction rationally, strengthen
city planning administration
and environmental protection, and ensure the implementation of
city
planning, these regulations are hereby formulated on the
basis of The City Planning Law of the People' s Republic
of
China and the guiding principles of other laws and rules as well
as in compliance with the practical
conditions of the Shenzhen
Municipality. |
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Article 2
The city planning region of the Shenzhen Municipality is
referred to the administrative region
of the Shenzhen
Municipality. |
City planning within this administrative region shall be
made and implemented according to these regulations. |
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Article 3
City plans shall be formulated in compliance with law, and may
not be revised or repealed without
legal procedure. |
Land use and all constructions shall accord with city
planning and submit to its management. |
Infrastructure projects approved under city planning
shall be incorporated into the Shenzhen municipal plan for
economic and social development. |
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Article 4
City planning and construction shall follow the principle of
sustainable development and promote
economic, social, and
environmental developments in coordination. |
City planning and construction shall ensure public
interests in a society and reflect the principle of social
justice. |
City planning and construction shall follow the principle
to have land use economized and rationalized. |
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Article 5
The administration department of city planning of the Shenzhen
Municipal People' s Government (hereinafter
referred to as
"the Municipal Government" ) shall be the department
responsible for city planning
(hereinafter referred to as "the
city planning department" ) and in charge of its implementation
and management. |
The representative offices of the municipal city planning
department (hereinafter referred to as "the representative
offices" ) shall be responsible for implementation and
management of city planning within their
respective
administrative districts. |
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Chapter II City Planning
Commission
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Article 6 The
Municipal Government shall establish a Shenzhen municipal city
planning commission (hereinafter
referred to as "the city
planning commission" ). The primary duties of this commission
shall be
as follows: |
(1)
examining the drafts of a city-wide overall plan,
sub-region plans, and district plans; |
(2)
examining the selected locations of major projects which
have not been approved and are still under consideration
in city
planning; |
(3)
assigning a task to make an annual statutory graphic
standard; |
(4)
examining and approving a statutory graphic standard, and
supervising its implementation; |
(5)
examining and approving special plans; |
(6)
fulfilling other duties authorized by the Municipal
Government. |
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Article 7
The city planning commission shall consist of 29 members, |
including
civil servants, related experts, and public figures. The number
of civil servants among
them shall not be more than 14. The
commission shall have the post of a chairperson, held by mayor,
and two vice chairpersons. The vice chairpersons and other
members of the commission shall be appointed by
the Municipal
Government. Each term of the membership shall be 3 years. |
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Article 8 The
city planning commission may set up committees specialized in
development strategy, statutory
graphic standard, construction
and environment, etc. The city planning department shall
discharge
the routine duties of the city planning commission.
With the commission' s authorization, the committee on
statutory graphic standard may examine and approve statutory
graphic standards. |
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Article 9 The
city planning commission shall have a meeting at least once
every quarter at the call of chairperson
or vice chairperson.
The quorum for the meeting shall not be less than 15 and civil
servants among
them shall not be less than 8. |
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Article 10 Any
resolution of the city planning commission shall be adopted by a
majority of more than two
thirds of attendants. |
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Chapter
III Plan Formulation, Examination and Approval in City Planning |
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Article 11 Plan formulation
shall go through five stages in drawing up of a city-wide
overall plan, sub-region
plans, district plans, statutory
graphic standard, and detailed blueprints. |
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Article 12 The
Municipal Government shall set standards and rules for the
Shenzhen Municipality' s city planning
as a primary technical
foundation in plan formulation and implementation. |
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Article 13 The
Municipal Government shall make a city-wide development strategy
and direct the formulation
of a city-wide overall plan. |
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Article 14
Based on the city-wide development strategy, the overall plan
shall define the nature of the city
as well as the goals and
scale of its development; provide an overall layout for city
development
patterns within the city planning region, structural
division of sub-regions and groups, allocation of land for
urban
construction, projecting of transportation system and city-wide
infrastructural facilities,
agriculture and environmental
protection, the development and utilization of scenic resources
for
tourism; and set a basic framework for special planning. |
The formulation of the city-wide overall plan shall be
organized by the Municipal Government. Before examining the
draft of the overall plan, the city planning commission shall
make its contents public for 30 days
and solicit suggestions
form various circles and the public. The city planning
commission shall
seek and consider all kinds of opinions, and
adopt those scientific and rational ones. |
The city-wide overall plan shall be submitted by the
Municipal Government to the Municipal People' s Congress or
its
Standing Committee for examination and approval, and reported to
the State Council after the
Guangdong Provincial People' s
Government has checked and approved this plan. |
After the State Council' s approval of the city-wide
overall plan, the Municipal Government shall make its summary
public thorough the major media of the city. |
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Article 15 The
Municipal Government shall make partial adjustments of the
city-wide overall plan in accordance
with the needs of the
city-wide economic and social development, report these
adjustments to the
Municipal People' s Congress or its Standing
Committee as well as the Guangdong Provincial People' s
Government for the record, and make them public; any major
change of the city-wide overall plan on the nature
of the city,
the scale, the direction of development and the overall layout
shall be made in accordance
with Article 14 of these
regulations. |
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Article 16 All
special plans made separately shall be in line with and
subordinated to the city-wide overall
plan. All special plans
formulated by the responsible departments concerned shall go
through the
city planning department' s comprehensive
coordination and be reported to the city planning commission for
examination and approval. |
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Article 17
A sub-region plan, formulated in compliance with the city-wide
overall plan, shall direct the land
use and all urban
constructions within a sub-region.
The area of a sub-city region shall be defined by the
Municipal Government in accordance with the city-wide overall
plan. |
The
sub-region plans shall be made by the city planning department,
soliciting suggestions from
the people' s governments of
districts and the related departments of the Municipal
Government,
and reported to the Standing Committee of the
Municipal People' s Congress for examination and approval after
the city planning commission' s scrutinizing has been followed
by the Municipal Government' s check
and approval. |
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Article 18
A district plan shall be formulated in accordance with the
requirements of a sub-region plan. The
area of a district shall
be defined by the city planning department based on the
structural layouts
of urban grouping set by sub-region plans,
the divisions formed by topography and surface features such as
rivers, hills and roads, and the administrative district
divisions in combination. |
The
district plans shall be made by the city planning department or
the representative
offices, soliciting suggestions from the people' s governments
of districts and the
related departments of the Municipal
Government, and reported to the Municipal Government for
examination
and approval after the city planning commission' s
scrutinizing. |
Any
major adjustments of a district plan shall be reported for
examination and approval to those
offices originally in charge
of examination and approval of the plan. |
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Article 19
A statutory graphic standard, formulated in accordance with
district plans, shall further specify
the nature of land use,
development intensity, accessory facilities of all the sections
within
the districts. The formulation, examination, approval and
revision of the statutory graphic standard shall be conducted
in
compliance with the rules in Chapter 4 of these regulations. |
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Article 20
Detailed blueprints, formulated in accordance with all control
requirements defined by the statutory
graphic standard, shall
specify in detail the land use of all the sections and quarters
as well
as the arrangements for municipal works, pipelines, etc. |
The
detailed blueprints shall be worked out, examined, approved by
the city planning department
or the representative offices. |
As
for the area not covered by the statutory graphic standard, a
detailed blueprint shall be made
in accordance with all the
requirements of a district plan and on the basis of
investigation of
the current situation. |
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Chapter
IV Statutory Graphic Standard
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Article 21
The statutory graphic standard shall be formulated by the city
planning department on the basis
of the requirements of the
city-wide overall plan, sub-region plans, and district plans.
The office
of the city planning commission shall make the draft
of the statutory graphic standard public thorough display,
solicit suggestions from the public, and then examine and
approve the draft. |
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Article 22
Every year, the city planning department shall make a plan for
the formulation of the statutory
graphic standard, and report it
to the city planning commission for examination and approval. |
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Article 23
The statutory graphic standard shall include two parts: the
graphic and the text. |
The
techniques to formulate the statutory graphic standard shall be
prescribed by the Municipal
Government separately. |
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Article 24
The city planning department shall solicit suggestions from the
related departments in the process
of making of a draft of the
statutory graphic standard. |
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Article 25
With the approval of the city planning commission after its
preliminary screening, the draft of
the statutory graphic
standard shall be put on display to the public for 30 days, and
the date
and locations of the display shall be announced on the
city' s major media. |
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Article 26
During the public display and inquiry time of the statutory
graphic standard, any unit and individual
may submit written
opinions or suggestions to the city planning commission. |
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Article 27
The city planning commission shall examine the solicited
suggestions of the public; if any suggestion
has been decided to
be adopted after the examination, the city planning department
shall make a
revision in the draft of the statutory graphic
standard. |
When
examining the public' s suggestions, the city planning
commission may notify movers or their
representatives to be
present if it is considered to be necessary. |
After
examining the public' s suggestions, the city planning
commission shall give movers written
notices about the
examination results. |
The
statutory graphic standard adopted by the city planning
commission after the examination shall
be made public. |
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Article 28
The statutory graphic standard shall be revised if there is one
of the following situations taking
place: |
(1)
the change of the city-wide overall plan has a serious impact on
the function |
and
division of districts; |
(2)
the setting up of a major project has a serious impact on the
function and division of districts; |
(3)
in the process of regular inspection of the statutory graphic
standard' s
implementation, the city planning commission has found it
necessary to make a revision; |
(4)
a public figure' s suggestion to revise the implementation of
the statutory graphic standard
has been adopted by the city
planning commission. |
The
revision of the statutory graphic standard shall follow the
procedure of its formulation.
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Chapter V City Design
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Article 29 The city design
shall consist of an overall city design and partial city
designs. The city design
shall be in making thorough all the
stages of city planning. |
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Article 30 The
overall city design shall be made in combination with the
city-wide overall plan, sub-region
plans and district plans, and
be integrated as a part of these plans. |
The partial city designs shall be made in combination
with formulating of the statutory graphic standard and detailed
blueprints, and become an important part of the detailed
blueprints. |
For the key sections of the city, partial city designs
shall be made separately in the process of formulation of
the
statutory graphic standard. |
For the other sections, partial city designs shall be
made in the formulation of the statutory graphic standard. |
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Article 31 The
following sections shall have separate partial city designs: |
(1)
the city center, the centers of all the districts, the
commercial and cultural centers of all
the organizational
townships; |
(2)
the main roads of living areas; |
(3)
the ports and hubs of passenger transport; |
(4)
squares and pedestrian malls; |
(5)
the coastlines of living areas; |
(6)
key tourist attractions. |
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Article 32 The
main result of the overall city design shall be the guiding
principles, which provide policy
directions and instructive
suggestions on all the aspects of the city design, and serve as
a guide
for city designing at the next lower level. |
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Article 33 The
results of city designing included in all the stages of city
planning shall be reported along
with those plans. |
The separate city designs for key sections shall be
examined by the city planning department and reported to the
city planning commission for examination and approval. |
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Chapter VI Planning and
Management of Land Use for Construction
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Article 34 Both the land
use for urban construction and all constructions shall follow
the related rules of
city planning and its management. |
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Article 35 The development
and constructions in a new area shall be conducted group by
group and section by
section, and the municipal facilities of
public service shall be under construction simultaneously. |
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Article 36 It
shall be forbidden to make a construction arrangement if such
arrangement is beyond the limits
of the city planning
construction districts or in an area where there are neither
urban accessory
facilities to meet the needs nor effective
measures to be taken. But the following projects are exceptions: |
(1)
the extended accessory projects and the technological
improvement projects in the same place,
the classified
scientific research projects, and the other special projects; |
(2)
the projects of public facilities and municipal works as
accessory construction, the projects
to prevent calamities and
to remove dangers, the projects of environmental protection, and
the
projects of making a green city by planting trees and
flowers; |
(3)
the projects to fix river systems and mountain landslide; |
(4)
the projects unsuitable to be concentrated in one area because
of inflammable and explosive
materials, pollution effects, etc. |
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Article 37
The following land shall be well protected against illegal
possession |
and
change of use: |
(1)
the land for urban construction: the land for greening by
planting trees and flowers; the land
for culture and education,
the land for sports, the land for medical services; the land for
social
welfare; the land for municipal public services and
municipal corridors; |
(2)
the land not for urban construction: the land for agricultural
conservation; the land for conservation
of natural vegetation;
the land for water resources conservation; the land for grouping
separation
belt; |
(3)
the land for other urban use: coastlines; the land for tourism;
the reserve land for urban development. |
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Article 38 All
projects of new construction, reconstruction and extended |
construction
shall have municipal infrastructural facilities under
construction as accessories at
the same time. In one of the
following cases, a unit undertaking construction shall be also
responsible
for building municipal facilities of public service
and public facilities of social service: |
(1)
the construction is taking place in an old urban area
without enough accessory facilities or in an area where the
development has already been completed; |
(2)
the construction is taking place in a new development
area where accessory facilities have not been completed; |
(3)
the construction is taking place in an area which has not
enough existing accessory facilities to deal with the pressure
resulting from the development brought about by the unit
undertaking construction. |
As
for what project and how much should be taken by a unit
undertaking construction to build various
accessory facilities
to serve the public, it shall be determined by the city planning
department
on the basis of the construction plans for new areas
and the reconstruction plans for old areas. |
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Article 39 Any
reconstruction of an old area shall take the improvement of
municipal and public facilities
as the main goal, give priority
to the construction projects which can meet the needs of
accessory
facilities in the area, raise the quality level of
residents' life, and beautify the appearance of the city. |
An old area' s reconstruction shall strictly follow the
approved plan, any sporadic crowded-in construction shall
be
prohibited. |
An old area' s reconstruction shall disperse industrial
enterprises according to the plan and the prescribed order.
As
for those industrial enterprises which pollute the environment
and jeopardize the residential
safety, an adjustment shall be
made promptly to the plan and a deadline shall be set for their
removal. |
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Article 40 The
following construction projects shall require units undertaking
construction to submit The
Statement on the Selected Location for a Construction Project
issued by the city planning department and apply for putting
their projects under approved plans: |
(1)
the major construction projects or the projects causing
pollution; |
(2)
the warehouses and yards for dangerous goods; |
(3)
the other designated construction projects. |
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Article 41 The
procedure to issue The
Statement on the Selected Location for
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a
Construction Project shall be as
follows: |
(1)
a unit undertaking construction shall fill out Application
Form for Location Selecting of a Construction Project and,
in accordance with the rules, attach a feasibility study report,
an environmental effects
evaluation report, and related
documents, graphic, etc.; |
(2)
after accepting the application, the city planning department
shall examine it according to
the requirements of city planning
and make a response within 40 days. The
Statement on the Selected Location for a Construction Project
shall be issued upon approval; and a written reply shall be made
for rejection. |
As
for a major project' s application for location selecting in an
area which has |
not
been specified by city planning, the city planning commission
shall make an examination and
issue The
Statement on the Selected Location for a Construction Project;
the city planning department shall make a written reply for an
application which has been rejected
by the city planning
commission. |
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Article 42 If
a unit undertaking construction has not applied for a permit of
planned land use for construction
within a year after obtaining The
Statement on the Selected Location for a Construction Project,
this statement shall automatically cease to be valid. |
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Article 43
When obtaining a right to use a public land by auction bidding,
a unit undertaking construction
shall bring a contract of land
use releasing to get Permit of Planned Land Use for Construction. |
When obtaining a right to use a public land by an
agreement, a unit undertaking construction shall apply to the
city planning department or the representative offices for Permit
of Planned Land Use for Construction before signing a
contract of land use releasing. The city planning department or
the representative
offices shall rely on the city planning of
the related area to examine and approve the design targets for
planned construction land use, set the design requirements of
city planning, and issue Permit
of Planned Land Use for Construction. |
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Article 44
Within 90 days after obtaining Permit
of Planned Land Use for Construction, if a unit undertaking
construction has neither been able to sign a contract of land
use releasing
nor applied for extension, Permit
of Planned Land Use for Construction shall automatically
cease to be valid. |
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Article 45
Within 2 years after obtaining Permit
of Planned Land Use for Construction, a unit undertaking
construction may not change the contents of the plan; when
accepting an application
for change filed 2 years later, the
city planning department or the representative offices shall
make a preliminary check first and then complete examination and
approval according to the legal procedure. |
For an approved application, the city planning department
or the representative offices shall re-issue Permit
of Planned Land Use for Construction, take the original one
back, and complete the relevant process for land use; for a
rejected application,
the city planning department or the
representative offices shall give a written reply. |
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Article 46 Any
land use for temporary urban construction shall be kept under
strict control except for the
accessory facilities of public
service which are needed by construction projects and needed
urgently. |
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Article 47 Any
land use for temporary construction shall be forbidden in the
land for recent urban construction,
green belts, and the land
planned for facilities of both public service and municipal
public utilities. |
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Article 48 Permit of Planned Land Use for Temporary Construction shall be
obtained for temporary construction in accordance with law, a
unit undertaking construction
and the municipal department of
land management shall sign The
Contract of Temporary Land Use, and the land use shall
strictly follow the approved purposes. |
The procedure of issuing Permit
of Planned Land Use for Temporary Construction shall be the
same as for Permit of
Planned Land Use for Construction. |
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Article 49 The
term for use of the land for temporary construction shall be 2
years, an extension may be applied
only once at the end of the
term, but the term of the extension shall not be more than 1
year.
At the end of the term, the land user shall be responsible
for dismantling and removing all the buildings and structures. |
If the land is demanded for urban construction during the
term, the land user shall submit to this demand and remove
all
the temporary buildings and structures within a prescribed
deadline. The land user shall have
the right to claim
compensation no more than 50% of the land use fee which has been
paid. |
Only the buildings and structures of no more than 2
stories shall be allowed in the land for temporary construction. |
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Chapter VII Management
of Planned Construction
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Article 50 The construction
referred to in these regulations shall include building works
and municipal works. |
The building works comprise buildings and structures not
covered by the municipal works. |
The municipal works comprise roads, bridges, tunnels,
rails, transit facilities, urban water supply, drainage works,
flood-control facilities, electricity supply, lighting
installation, postal and telecommunication
service, cable TV,
associated gas, pipelines and facilities of heating power,
environmental works,
sanitary facilities, and other facilities
of public utilities within the city planning region. |
Any new construction, extended construction and
reconstruction of the building works and the municipal works
within the city planning region shall obtain Permit
of Planned Construction from the city planning department or
the representative offices in the first place and then process
to start the construction. |
The attached drawings and documents to Permit
of Planned Construction shall be regarded as the
supplementary documents of the same legal validity. |
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Article 51 The procedure to
apply for Permit of
Planned Construction shall be as follows: |
(1)
an applicant shall bring the application, the document of
approval of the construction investment, the contract of
land
use releasing or the map of land use plan, Permit
of Land Use for Construction, the statement of the related
responsible specialized department about the evaluation of the
design
plan, and submit the design plan to the city planning
department or the representative offices. Only upon approval
of
the design plan, may preliminary designing be started. |
(2)
an applicant shall bring the application, design
documents, the statement of the related responsible specialized
department about the evaluation of the preliminary design, and
apply to the city planning department
or the representative
offices for examination and approval of the preliminary design.
Only upon
approval, may working drawing be started. |
(3)
an applicant shall bring the application, the contract of
land use releasing, design documents, the statement of
the
related responsible specialized department about the evaluation
of the working drawing, and
apply to the city planning
department or the representative offices for examination and
approval
of the working drawing. Upon approval, Permit of Planned Construction shall be issued. |
Permit of Planned Construction
for the municipal works shall be processed |
by
referring to the rules of the above section. |
Multi-story residential buildings' application shall
follow Item (1) and Item (2) of the first section of this
article. |
The projects for the development of a section as a whole
may apply for Permit of
Planned Construction by stages and in groups, the approved
detailed blueprint shall be provided for application in addition
to the above mentioned conditions. |
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Article 52 Permit of Planned construction shall not be issued in the following
situations: |
(1)
the design does not meet the requirements of city
planning or the design has failed to make revisions according to
the evaluation of the responsible department of the government
at all the stages of examination; |
(2)
the unit in charge of design does not meet the
requirement for qualification according to the administrative
regulations of the related profession; |
(3)
the design documents do not meet the technical standards
and regulations of the related profession set by the state,
the
province, and the municipality. |
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Article 53
If a construction has not been started in more than 1 year after |
obtaining
Permit of Planned Construction, this Permit of Planned Construction shall automatically cease to be
valid. |
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Article 54 If
a large or medium-sized project, under the pressure of time
limit of the construction, has to
start the foundation work
before completing of the whole set of working drawing, the unit
undertaking
construction may, upon approval of the preliminary
design, bring the application for working ahead of time, the
general layout, the working drawing for the foundation, the
contract of land use releasing, and
apply to the city planning
department. Upon examination and approval, a certification for
the foundation
work to be started ahead of time shall be issued. |
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Article 55 Only
after obtaining Permit of
Planned Construction or a certification to start the
foundation work ahead of time, shall a unit or an individual
undertaking
construction be allowed to prepare for the
construction and to make a layout on the site. When the layout
on the site is done, an application shall be filed to the city
planning department or the representative
offices for
re-inspection. The construction may not be started until the
re-inspection has concluded
that everything is in order without
mistake. |
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Article 56 If
it is because of the following situations that a design has to
be revised after obtaining Permit
of Planned Construction, a reapplication for Permit
of Planned Construction shall be required: |
(1)
there is a change related to the site of building,
elevation, stories, plate, functions of use,
structure; |
(2)
there is a major change in the municipal works related to
size, grade, alignment, technological design, elevation,
plate,
structure, function, capacity of equipments, form and shape. |
The
other partial revisions of a design which are not covered by the
rules of the |
above
section shall be reported for the record along with submitting
the drawing of the completed
construction. |
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Article 57 If
any completed building has to change the nature of use, it shall
be required to have approval
from the city planning department.
After signing a supplementary agreement on the contract of land
use releasing and paying up the land price, an applicant shall
bring the design documents and apply to the city
planning
department for Permit of
Planned Construction or a license to do architectural
adornment and fixing up. If there is anything required to be
examined
and approved by the related specialized administration
departments, an evaluation of these departments shall be
obtained as well. |
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Article 58 Any
building except for those of the state agencies, the stationing
places of armed forces and schools
shall not be enclosed by
walls. If it is indeed necessary to have an enclosing wall, an
application
shall be filed to the city planning department or
the representative offices. The enclosing wall shall not be
beyond the property line of the building, and the wall shall
have an open style and a beautiful shape. |
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Article 59 In
order to build a temporary building within the city planning
region, an application shall be
filed to the city planning
department or the representative offices, and Permit
of Planned Temporary Construction shall be obtained as well. |
The term of using temporary buildings and structures
shall neither be more than 2 years nor go beyond the deadline
of
the land use for temporary construction. |
Temporary buildings shall not change the nature of use. |
Both construction material yards and work sheds
temporarily occupying roads shall be dismantled and removed
within 15 days after fringe houses or the third story have been
completed. |
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Article 60 In
an area which has already completed construction, temporary
buildings of no use for construction
shall not be allowed on the
both sides of the main road of the city. |
Temporary buildings shall be forbidden on traffic lanes,
sidewalks, and green belts. If temporary buildings are indeed
necessary for construction, an application shall be filed to the
city planning department. Only
based on an agreement of the
related departments, the city planning department shall make a
decision
on approval. |
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Article 61 After
the completion of a construction project, a unit or an
individual undertaking construction
shall bring a report of
surveying and mapping of the completed construction to the
original department
in charge of examination and approval and
apply for check and acceptance. Without check and acceptance or
with a conclusion to be a failure to meet the standard, the
constructed building shall not be issued
Certificate
for Check and Acceptance according to Planning, registered
for the real estate ownership, or put into use. |
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Article 62 Check
and acceptance according to planning shall not be conducted if
there is one of the following
situations taking place: |
(1)
the design of a building has been changed without
authorization (such as changes of the building location,
elevation, stories, plate, functions of use, architectural
structure, the capacity of equipments); |
(2)
the buildings or structures which should be dismantled
and removed according to Permit
of Planned Construction have not been dismantled and
removed; |
(3)
the temporary facilities have not been removed out of the
used land, the accessory works have not been completed; |
(4)
any other condition does not meet the requirements of Permit
of Planned Construction. |
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Article 63 After
the check and acceptance of individual works according to |
planning,
a residential or industrial section which is undergoing its
development as a whole shall
also have its residential quarters
checked and accepted. When a residential quarter is built up by
stages and in groups, its accessory works shall be completed at
the same time according to its plan. If the
accessory works have
not been completed, the other works shall not be checked and
accepted. |
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Article 64
After the check and acceptance of a construction project, a unit
or an individual undertaking construction
shall submit a drawing
of the completed construction in accordance with the related
rules, but,
for a road project, its drawing shall be submitted
within 2 months after the completion of construction. |
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Article 65 If
any building and structure indeed has to be dismantled and
removed, an application shall be filed
to the city planning
department or the representative offices, and only upon approval
shall dismantling
and removing be done. A plan of dismantling
and removing of buildings and structures shall be worked out in
order to ensure the safety of the neighboring buildings,
structures, roads, pipelines and the removal
work itself. |
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Article 66 Before
designing all municipal works and other construction works, the
existing municipal facilities
within the construction areas
shall be well investigated, the relationship between the design
and
the current conditions, the coordination of pipelines and
roads shall be clearly seen in the design drawing which
shall
properly settle the relationship between the new and old
pipelines and ensure the safely
of the construction. |
|
Article 67 Any
new construction and reconstruction of roads shall be
accompanied by laying underground pipelines
or casing pipes in
advance. A newly-built road with its red-line width of more than
25 meters shall
not be dug within 3 years after its completion.
If there is a special case that digging is indeed necessary, the
work on a two-way road with more than 6 traffic lanes (including
6 lanes) shall be reported to
the Municipal Government for
approval, and the work on a two-way road with less than 4
traffic
lanes shall be reported to the city planning department
for approval. |
|
Article 68 It
shall be required to comply with the related formalities of the
city planning department for
opening entrances and exits,
building municipal pipeline junctions, erecting (laying)
municipal
lines, and setting up temporary crossings and work
passages on the municipal roads. |
Any unit or individual shall not occupy roads, squares,
green belts, municipal corridors and the surface of underground
pipelines for construction. |
When working at a place close to storages of dangerous
goods and pressure pipelines, a unit undertaking construction
shall ask for approval from the related administrator and user
units, and the construction shall
not be started until adopting
the related safety measures based on the consultation and
agreement
between two parties. |
|
Article 69 In
addition to required application for re-inspection after the
layout on the site of the municipal
works, units or individual
undertaking construction shall apply to the city planning
department
or the representative offices for re-inspection
before the hidden works are covered by the earth. Only after the
re-inspection has found no problem, shall the earth-covering be
started. |
The hidden works involving inflammable, explosive,
poisonous and corrosive materials shall also have permission
from the responsible departments of public security, fire
fighting and labor safety before earth-covering. |
|
Article 70 The
term for use of temporary municipal pipelines, temporary
crossings and work passages generally
shall be no more than 2
years. If it needs to be extended for construction purposes, an
application
shall be filed to the original departments in charge
of examination and approval. |
In case of the requirement of urban construction or the
expiration of the term for use, the user unit of temporary
municipal facilities shall dismantle and remove these facilities
on its own without compensation,
and the original state shall be
restored. |
|
Article 71 Urban
roads designing shall be conducted along with unblocking
designing. Within the limit of the
red lines of a road, no
building and structure shall be allowed except for planned
pipelines of
various kinds or pedestrians' overpass,
underground walkways, covered bus-stops of public transit,
telephone booths, traffic signs, fire hydrants, road lamps,
boxes of transformer substation, boxes of switchboard,
boxes of
cable TV terminals, and other planned road-side public
facilities. |
No building shall be allowed on the upper reaches of
rivers, canals, ditches, and their control areas. |
Overhead high-tension lines, road-lamp wires,
telecommunication cables shall be gradually changed into
underground ones. |
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Chapter VIII Legal
Liability
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Article 72 For a
construction undertaken without Permit
of Land Use for Construction or Permit
of Planned Construction, the city planning department may
take coercive measures such as closing down, seizing, etc. in
accordance with The
Regulations on Planned Land Supervision of the Shenzhen
Municipality. |
|
Article 73 For
those causing serious effects on city planning by illegal
construction or those causing some
effects on city planning by
illegal construction and failing to take corrective measures,
they
shall be ordered to stop construction, remove illegal
buildings and structures by a deadline, in case of damage
to
public and municipal facilities the party concerned shall be
held responsible for repair and
compensation. |
For those causing some effects on city planning by
illegal construction but being able to take corrective measures,
they shall be ordered to stop construction, make a correction by
a deadline, comply with the formalities,
pay a fine of 40-60% of
the total cost of civil engineering for the illegal part of an
individual
construction, and surrender all illegal earnings for
confiscation. |
For those undertaking illegal construction without
effects on city planning, they shall be ordered to stop
construction, comply with the formalities by a deadline, pay a
fine of 40-60% of the total cost of civil
engineering for an
individual construction, and surrender all illegal earnings for
confiscation. |
|
Article 74 Illegal
temporary buildings shall be dealt with according to the
following rules: |
(1)
if a building has affected city planning, it shall be
ordered to be dismantled and removed by a deadline; |
(2)
if a building, without authorization, has changed the use
originally applied for, it shall be ordered to be corrected
by a
deadline, if the correction has not been done after the
deadline, the building shall be ordered
to be dismantled and
removed; |
(3)
if a building has not affected city planning, it shall be
ordered to comply with the formalities and have a term
to be set
for use, and a fine shall be imposed. The fine for a building of
commercial use shall
be more than 3000 but less than 5000 RMB
per square meter of building area. The fine for a building of
noncommercial use shall be more than 1,000 but less than 2,000
RMB per square meter of building area. |
|
Article 75 In
case of violation of Article 64 of these regulations, a drawing
of |
the
completed construction shall be ordered to be submitted by a
deadline, and a fine of more than
30,000 but less than 50,000
RMB shall be imposed. |
|
Article 76 In
case of violation of Article 65 of these regulations, the owner
of |
property
shall be imposed a fine of more than 20,000 but less than 50,000
RMB by the city planning
department or the representative
offices. |
|
Article 77 In
case of violation of Section 1 of Article 68 of these
regulations and affecting city planning,
the party concerned
shall be ordered to restore the original state by a deadline and
punished by
a fine of more than 80,000 but less than 100,000 RMB.
In case of violation not affecting city planning, the party
concerned shall be ordered to comply with the formalities and
punished by a fine of more than 80,000
but less than 100,000 RMB. |
|
Article 78 If
an unit or an individual in charge of illegal construction and
an unit in charge of the working
continue the construction after
receiving a notice to stop, the city planning department or the
representative offices shall order them to stop the
construction; if they still refuse to stop after a deadline,
the
departments in charge of water and electricity supply shall be
required to stop supply to the
construction, and the related
departments shall coordinate in this respect. |
|
Article 79 The
leading officials and directly responsible staff of the units in
charge of investment, construction
and design involved in
illegal construction shall be held accountable for their
administrative
responsibility, punished by a fine of more than
10,000 but less than 20,000 RMB, and the illegal earnings which
both illegal design and the unit in charge of construction have
made shall be confiscated. |
|
Article 80 Any
examination and approval in violation of the statutory graphic
standard shall be invalid, as
a result, occupied land shall be
returned by a deadline, completed buildings and structures shall
be dismantled and removed. |
Excepting the situation specified by the above section,
any land use for construction or construction itself illegally
examined and approved by the city planning department, which has
no authority to do so, but oversteps
its authority or resorts to
other methods to get things done in violation of the related
rules
of these regulations, shall be dealt with in compliance
with Article 73 of these regulations. |
Disciplinary sanctions shall be applied against the
persons directly responsible for illegal examination and
approval; if there is a criminal offence, the criminal
responsibility shall be ascertained according
to law. |
When conducting examination and approval illegally, the
departments in charge of examination and approval shall be
held
liable for compensation for the damages caused by units
undertaking construction. |
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Article 81 If
the staff members of the departments in charge of planning
neglect their duty, abuse their power,
practice favoritism and
engage in irregularities, disciplinary sanctions shall be
applied against
them by their department or agencies at the
higher level or the related responsible offices; if there is a
criminal offence, the criminal responsibility shall be
ascertained according to law. |
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Article 82 If
the party concerned has refused to accept the disciplinary
sanction or administrative compulsory
measure imposed by the
representative offices of the city planning department, an
application may
be filed to the city planning department for
review within 15 days after receiving the decision of
punishment; if the party concerned has refused to accept the
disciplinary sanction or administrative compulsory
measure
imposed by the city planning department, an application may be
filed to the Municipal Government
for review within 15 days
after receiving the decision of punishment. The party concerned
may also
appeal directly to the people' s court within 15 days
after receiving the decision of punishment. |
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Chapter IX Supplementary
Provisions
|
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Article 83 The
Municipal Government may formulate implementing rules in
accordance with these regulations. |
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Article 84 These
regulations shall take effect as of July 1, 1998. |
If there is a conflict between these regulations and the
related rules previously implemented in the city, these
regulations shall be taken as the standard. |