Laws of the Shanghai Province

Chapter I General Provisions

Article 1 (Purposes and Basis)

For the purposes of promoting the work of comprehensive renovation of old residential houses in this Municipality, further improving the housing conditions for the citizens, and raising the quality of living environment, these Procedures are formulated on the basis of the provisions of relevant laws, rules and regulations.

Article 2 (Definition)

The comprehensive renovation of old residential houses refers to the acts of comprehensively renovating and improving the supporting facilities for the residential houses that are deemed to be reserved according to the city planning, with better construction structure but with lower construction standard.

Article 3 (Application Scope)

These Procedures apply to the comprehensive renovation of urban and rural old residential houses and relevant administration in the administrative area of this Municipality.

The renovation of reserved buildings in the areas with historical cultural features, the excellent historical buildings approved by the Municipal People' s Government and their protection area, and the renovation in the construction controlling area shall be carried out in accordance with relevant regulations.

Article 4 (Principles of Renovation)

The comprehensive renovation of old residential houses shall follow the principles of "Voluntariness on the part of the owners (lessees of public houses), support by the government, adaptation to circumstances, and classified renovation" .

Article 5 (Renovation Contents)

The contents of the comprehensive renovation of old residential houses include:

1. Renovating old residential houses with non-privately used kitchen and sanitary facilities by turning them into a complete set of houses with privately used kitchen and sanitary facilities;

2. Comprehensively renovating old residential houses involving extension of building or addition of stories by "Changing the flat-roof to pitched-roof" .

In the implementation of comprehensive renovation of old residential houses, the parking lot (garage) for the housing estate, the houses used for property management, public supporting facilities for the housing estate, etc. may be added in accordance with the planning technical requirements as provided in these Procedures.

Article 6 (Administrative Organs)

Shanghai Municipal Housing, Land and Resources Administration (hereinafter referred to as SMHLRA) is the administrative department of the implementation of comprehensive renovation of old residential houses in this Municipality. The district/county housing, land and resources department takes charge of the specific administration on the implementation of the comprehensive renovation project of old residential houses in its own jurisdiction.

Shanghai Municipal City Planning Administration (hereinafter referred to as SMCPA) is the competent administrative department of the planning administration of the comprehensive renovation of old residential houses in this Municipality. The district/county planning department takes charge of the planning administration of the comprehensive renovation of old residential houses in its own jurisdiction.

All district/county governments shall make overall arrangements and coordinate in promoting the work of comprehensive renovation of old residential houses in their respective administrative area.

Chapter II Renovation Procedures

Article 7 (Drawing up the Plan)

The district/county housing, land and resources department shall take charge of the drawing up of the implementation plan of comprehensive renovation of old residential houses in its own jurisdiction, and shall, upon the approval of the SMHLRA, list such plan in the annual project plan of comprehensive renovation of old residential houses for the whole Municipality, and send copies to the Municipal Development and Reform Commission, the Municipal Construction and Communication Commission and the SMCPA.

Article 8 (Soliciting Opinions and Entrusting Renovation)

After the issuance of the annual project plan of comprehensive renovation of old residential houses, the district/county housing, land and resources department shall notify the proprietary unit of public-owned houses or the property owners' committee in the housing estate, who shall solicit opinions from all lessees of the public-owned houses or the property owners. Having obtained consent from more than two third of the lessees of the public-owned houses or the property owners, the proprietary unit of public-owned houses or the property owners' committee may entrust the construction unit with the specific implementation of relevant renovation work.

Article 9 (Drawing up the Planning and Design Scheme for the Renovation Project Planning)

The construction unit shall apply to the district/county planning department for the verification and proposal of the requirements on the planning and design, and shall, in accordance with the requirements of planning and design and other technical norms including fire prevention environmental protection, public health, civil defense, etc., draw up the planning and design scheme for the renovation project planning.

The planning and design scheme of the renovation project shall make clear the scope of renovation project, the contents of the building renovation and environmental renovation, and relevant technical index.

Article 10 (Drawing up Implementation Plan of Renovation)

The construction unit shall, in accordance with the plan of comprehensive renovation project, the planning and design scheme of the renovation project, draw up the implementation plan of comprehensive renovation of this project.

The implementation plan shall include the main renovation contents, and the mode of undertaking the renovation fund.

Article 11 (Soliciting Opinions and Signing Agreements)

The construction unit shall make public the planning and design scheme of the renovation project and the implementation plan of comprehensive renovation within the range of renovated items, and solicit opinions.

After the planning and design scheme of the renovation project and the implementation plan of comprehensive renovation have been approved by more than two third of the property owners or lessees of public houses in the renovation range, the construction unit shall sign the renovation agreement with relevant property owners; in case the houses covered by the renovation agreement are public-owned, the proprietary unit shall also sign the renovation agreements with the lessees of the public houses. This agreement may go through the registration formalities in accordance with relevant provisions on the registration of real estates in this Municipality.

Article 12 (Examination and Approval of the Planning)

After the signing of the renovation agreement, the construction unit shall submit the planning design scheme of the renovation project to the district/county planning department for examination and approval, and apply for the "Permit of Construction Project Planning" . In case of other technical norms of fire prevention, environmental protection, public health, civil defense being involved, the opinions shall be solicited from relevant departments.

Article 13 (Builder' s License for Construction Project)

Before the construction of renovation projects, the construction unit shall apply to construction department for the Builder' s License for Construction Project.

Article 14 (Acceptance Examination)

After the completion of the renovation project, the construction unit shall apply to relevant departments such as the planning and housing, land and resources departments for acceptance examination.

The engineering quality of the renovation project shall be checked and accepted by relevant departments organized by the construction unit in accordance with provisions.

The construction unit shall submit the acceptance files of the renovation project to the city construction archives (offices) for the record.

Article 15 (Registration of Real Estates)

The houses with stories added, newly-added parking lot (garage) in the housing estate, houses used for property management and public supporting facilities in the housing estate that were built in the renovation shall go through the initial registration. For the part that belongs to the construction unit in accordance with the agreement, the construction unit shall apply for registration for the part that belongs to the proprietary unit of public-owned houses, the proprietary unit of public-owned houses shall apply for registration by and for the part that belongs to all property owners, the construction unit may apply for registration for all of them at the same time, and in that case, the registration organ shall make record in the real estates registration, without issuing separate title deeds.

Barring the situation mentioned in Paragraph 1, in case the construction area of the renovated houses have been changed, the construction unit shall entrust an organ with the surveying and mapping qualification to carry out the surveying and mapping anew, and shall, in accordance with relevant provisions concerning the real estate registration in this Municipality, apply for the alteration registration of the construction area. After the alteration registration of the whole project, the original property owners shall go through relevant alteration registration of construction area in accordance with the agreement.

After the sales of the added story (stories), the relevant real estate registration formalities shall be handled in accordance with the provisions.

Chapter III Relevant Technical Provisions

Article 16 (Distance Between Buildings)

The distance between buildings of the comprehensive renovation project of old residential houses shall observe the following provisions:

1. The distance between the buildings in the renovation scope and the buildings outside the renovation scope shall in compliance with the criteria provided in the "Provisions of Shanghai Municipality on Management Technique of City Planning" (hereinafter referred to as PTP); in case the distance between buildings before renovation is not in compliance with the provisions of PTP, the original distance between buildings shall not be reduced in renovation.

2. The distance between buildings in the renovation scope shall conform to the criteria provided for areas inside the Puxi inner-ring road with a reduction by 10 percent;

3. In case the ground floor of the renovated buildings is changed to non-residential use, the height of the ground floor may be deducted in the calculation of the distance between the buildings, but shall not be reduced once more in accordance with the provisions in Sub-paragraph (2);

4. The distance between the renovated buildings shall not be lower than the criteria of the distance for fire prevention.

Article 17 (Concession of Buildings)

The concession of buildings of the comprehensive renovation projects of old residential housing shall observe the provisions on the concession of buildings set in PTP. In case the concession distance before renovation is not in compliance with the provisions of PTP, the original concession distance shall not be reduced in renovation.

Article 18 (Control of Building Height)

In case of adding stories in the comprehensive renovation project of old residential houses, only one story can generally be added to the original building. In special cases, two stories may be added upon the joint examination and approval of SMHLRA, SMCPA and the district/county government in the place where the project is located, and on the premise of compliance with relevant technical conditions.

The building height of the added story shall be in line with the standard story height of the original building.

The buildings with a height above 24 meters shall not have stories added or be extended in the comprehensive renovation scope of old residential houses.

Article 19 (Safety of Structure)

Where the comprehensive renovation project of old residential houses involves the adding of stories, extension or change of the main load-bearing structure, the construction unit shall entrust a qualified testing unit of house quality to test the change of house structure and usage function. The result of the test shall be taken as the basis for the designing of the renovation of houses.

Article 20 (Requirements on Housing Area)

Unless an agreement has been made with the resident household in the comprehensive renovation of old residential houses, the dwelling area of the original resident household' s houses shall not be reduced. The houses with story (stories) added, shall be handled in accordance with the "Standard for the Design of Residential Houses" .

Article 21 (Basic Requirements on Kitchen and Sanitary Facilities)

The complete-set renovation of old residential houses shall install a privately-used kitchen and sanitary facilities for each household.

The form of kitchen may adopt the closed type or passing type, and shall have the condition of ventilation, and reserve in advance the positions for the installation of gas range, wash basin and water heater.

The sanitary facilities shall lay the upward and downward water pipes, install the floor drain, and reserve in advance the positions for the installation of commode and shower facilities. The sanitary facilities shall not be installed above the kitchen.

Article 22 (Water Tank on the Roof)

The water tanks on the roof that meet the conditions shall be renovated in the comprehensive renovation of old residential houses so as to improve the quality of water.

Article 23 (Electricity Meter)

An electricity meter shall be installed for each household in the comprehensive renovation of old residential houses, and the standard of power distribution per household shall not be lower than four kw.

Article 24 (Requirements on Fire Prevention and Anti-seismic)

The comprehensive renovation of old residential houses shall not lower the fire-resistant grade, and shall not use the closed roof as the usage space for living or storing. The fire prevention conditions and the anti-seismic property of the houses shall be improved to some extent.

Article 25 (Requirements on Environmental Renovation)

The comprehensive renovation of old residential houses shall take the construction of all supporting facilities into consideration, and for qualified projects, facilities such as the parking lot, and the grounds for outdoor activities shall be added, and the enclosing walls shall offer the view of space and green. The outdoor machine of air conditioner and attached water-dropping pipes, clothes hangers and other facilities attached to the external wall shall be unifiedly installed.

Chapter IV Other Provisions

Article 26 (Adjustment of Rental)

For the public houses in complete set after renovation, the lessee of the public houses shall pay the rental in accordance with the rental standard of the privately-used public houses in complete set.

Article 27 (Adjustment and Relocation)

After the comprehensive renovation of old residential houses, if the adjustment of usage function of the originally living part makes it impossible for the original leasing relationship of public houses to continue, the proprietary unit of public-owned houses may relocate the lessee of the original public houses and re-establish the leasing relationship; or make monetary compensation and terminate the original leasing relationship. The lessee of the public houses that select the mode of monetary compensation may have priority in purchasing the houses with added volume in the renovation scope under the same price conditions.

Article 28 (Sources of Renovation Fund)

The expenses for the comprehensive renovation of old residential houses shall be settled by adopting the method of raising funds in many ways.

The expenses for the comprehensive renovation of old residential houses may be listed for disbursement out of the rental of houses, the income from the sales of newly-added houses after renovation, and the net collected funds after the sales of public houses in the renovation scope, etc..

Article 29 (Property Right of the Newly-added Real Estates)

The houses used for the property management, and the public supporting facilities in the housing estate that are newly added in the comprehensive renovation of old residential houses belong to all property owners; the property right of the parking lot (garage) in the housing estate and the added stories shall be agreed on through the agreement made between the construction unit and the property owners.

Article 30 (Effective Date)

These Procedures shall become effective on January 1, 2006.

The "Notice of the Shanghai Municipal People' s Government on Approving and Transmitting the 'Implementation Suggestions on Accelerating the Renovation of Complete-set Old Residential Houses' made by the Municipal Housing, Land and Resources Administration" (SMPG G [1997] No.12) shall be repealed at the same time.

Shanghai Municipal Housing, Land and Resources Administration

Shanghai Municipal City Planning Administration

December 8, 2005