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Procedures of Shanghai Municipality on the Administration of Miscellaneous and Petty Construction Projects Planning
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| (Promulgated by the Shanghai Municipal People' s Government on October 25, 1999) Chapter I General Provisions Article 1 Purpose and Basis In order to strengthen the administration of miscellaneous and petty construction projects planning, these Procedures are formulated in accordance with the Regulations of Shanghai Municipality on City Planning. Article 2 Definition Miscellaneous and petty construction projects as referred to in these Procedures include the renovation and reconstruction of shacks and simple and crude housing, the construction of private housing in organic towns, frontal decoration of buildings along city roads and the installment of outdoor advertising facilities. Renovation and reconstruction of shacks and simple and crude housing as mentioned in these Procedures refers to the addition of a story, elevation, and pulling down and reconstruction of residential houses that fall below Grade 2 old terrace houses standards (Grade 2 old neighborhoods not included) as well as major renovation of houses changing major weight-bearing structures. Construction of private housing in organic towns as mentioned in these Procedures refers to construction of residential houses by individual persons in organic towns within the area of their original residential housing plots or their readjusted plots for residential housing. Frontal decoration of buildings along city roads as mentioned in these Procedures refers to the installment of doors and windows, display windows, shop signs and other frontal fixing-up and decoration projects for houses along city roads. Article 3 Scope of Application The scope of application of these Procedures shall be executed in accordance with the following provisions: 1. The provisions on the frontal decoration of houses along city roads in these Procedures shall be applicable to the administrative areas of this Municipality; 2. The provisions on the construction of shacks and simple and crude housing in these Procedures shall be applicable to the downtown areas and in places of the Pudong New Area where organic sub-districts are established; and 3. The provisions on the construction of private housing in organic towns is applicable to the planned areas in the locality of the government of the organic town of this Municipality. Specific requirements on the installment of outdoor advertising facilities shall be executed according to relevant regulations of the State and this Municipality. Article 4 General Provisions on Miscellaneous and Petty Construction Projects Miscellaneous and petty construction projects shall meet the requirements of city planning, fire protection, etc. Miscellaneous and petty construction projects shall do well in handling relations with their neighbors with respect to drainage, ventilation, natural lighting, and carrying out the construction. Article 5 Responsible Departments Shanghai Bureau of City Planning (hereinafter referred to as the Municipal Bureau of Planning ) is the department in charge of the administration of miscellaneous and petty projects planning in this Municipality. The administrative departments of city planning in Pudong New Area and other districts and counties (hereinafter referred to as district/county city planning departments) shall, in accordance with their respective competence, be responsible for the administration of the planning of miscellaneous and petty construction projects within their jurisdiction. Departments of land and housing, municipal works, city appearance, industry and commerce, public security, fire protection, public parks, public sanitation, environmental protection and cultural relics preservation shall, according to their respective duties, provide cooperation in the implementation of these Procedures. Chapter II Renovation and Reconstruction of Shacks and Simple and Crude Housing Article 6 Reconstruction of the Areas Clustered With Shacks and Simple and Crude Housing The people' s governments of all districts and counties shall strengthen their administration of reconstruction of the areas clustered with shacks and simple housing, draw up plans for reconstruction of areas clustered with shacks and simple and crude housing within their jurisdiction, and organize their implementation. Article 7 Circumstances Warranting Application for Renovation and Reconstruction and the Computation of Resident Population The people' s governments of all districts and counties shall, in light of the actual conditions of their respective districts/counties, stipulate the circumstances that warrant application for renovation and reconstruction of shacks and simple and crude housing, and the method of computing resident population, publicize these provisions and enforce them. Article 8 Circumstances Prohibiting Renovation and Reconstruction With the exception of dangerous buildings, renovation and reconstruction of shacks and simple and crude housing shall be prohibited in any one of the following circumstances: 1. Those that have already been listed in the plans of reconstruction for the area; 2. Those that are located within the planned red lines of roads, which have already been listed in plans for broadening or building; 3. Those that take up the space of river channels, high-voltage power supply corridors or city greens; 4. Those that weigh on and take up the space above underground pipelines or lean on flood prevention walls; 5. Those that will, after renovation or reconstruction, aggravate road traffic jams or affect fire prevention; 6. Those that are located in the residential areas built in accordance with city planning, or in the old areas, residential neighborhoods, terraced houses, garden residences and apartment houses, which are preserved according to city planning; or 7. Other circumstances that prohibit the renovation or reconstruction of shacks and simple and crude housing according to laws, regulations and rules. Article 9 Circumstances Restricting Renovation and Reconstruction Shacks and simple and crude housing that meet the circumstances listed in Article 8 of these Procedures, but are dangerous houses may apply for renovation or reconstruction of shacks or simple housing. However, the area occupied by the new building and floor space shall not exceed those of the original building. Article 10 Restrictions on the Floor Space, Number of Stories and Height The shacks and simple and crude housing reconstructed shall not exceed the areas occupied by the original building and shall comply with the following provisions: 1. The per capita floor space shall comply with the standards set by the district/county people' s governments, the maximum being 12 square meters; 2. The building shall not exceed 3 stories; and 3. The height of a one-story building shall not exceed 4 meters, that of a two-story building shall not exceed 6 meters and that of a three-story building shall not exceed 8 meters. Article 11 Location of the Reconstructed Building Generally speaking, in pulling down and reconstructing the old shack or simple houses, the area occupied by the new building shall not exceed the boundary of the old building. However, in case the original boundary is irregular or overlaps the planned red line of roads or in the way of fire protection passages, appropriate adjustments may be made of the boundary of the building lot with the verification and approval of the district/county city planning departments. Article 12 Restriction on Spacing The spacing between the shacks and simple and crude housing renovated and reconstructed and their neighboring shacks and simple and crude housing shall comply with the following standards: 1. Spacing Between Gable Walls A. In the case of addition of a new story to or elevation of the old house in reconstruction after pulling down the old house, the spacing between the gable walls of two-story or lower buildings shall be not less than 0.6 meters, and that between the gable walls of three-story buildings shall be not less than 0.8 meters; B. In the case of addition of a new story to or elevation of the old building, the spacing between the gable walls of two-story or lower buildings shall be not less than 0.6 meters, and that between the gable walls of three-story buildings shall be not less than 0.8 meters; C. If there is no addition of a story or elevation of the old building, the spacing between the gable walls shall not be less than the original spacing. 2. Other Spacing Between Buildings A. When adding a new story to or elevating the old house in reconstruction after pulling down the old house, the spacing between two-story or lower buildings shall be not less than 2 meters, and that between three-story buildings not less than 3 meters; B. When adding a new story to or elevating the original house, the spacing between the second stories shall not be less than 2 meters, and the spacing between the third stories shall not be less than 3 meters; C. If there is no addition of a story to or elevation of the old building, the spacing between buildings shall not be less than the original spacing. The spacing between the shacks and simple and crude housing renovated or reconstructed and their neighboring buildings which are not shacks or simple and crude housing shall comply with Article 28 of Chapter IV of the Technical Specifications of Shanghai Municipality Concerning the Administration of City Planning (hereinafter referred to as the Technical Specifications). Article 13 Spacing Between Buildings Under Special Circumstances In case it is difficult to comply with Article 12 of these Procedures in renovating or reconstructing shacks and simple and crude housing because of special difficulties, spacing between buildings may be adjusted with the verification and approval of district/county city planning departments but the applicant for such adjustment shall obtain written consent of his/her neighboring parties that are affected, as determined by district/county city planning departments. Article 14 Construction Requirements In renovating and reconstructing shacks and simple housing, the following requirements shall be met: 1. The housing reconstructed after demolishing the old, or newly constructed housing shall reach class 3 fire-resistant standard; 2. The space of original fire protection passages shall not be encroached upon; 3. No new doors or windows shall be opened in the gable walls; and 4. No housing shall be put up on neighboring enclosing walls. Article 15 Identification of Dangerous Housing Those that need to be identified as dangerous buildings shall first be appraised by a qualified housing safety appraising agency, and a certificate of identification shall be obtained before a house is affirmed as dangerous. Chapter III Construction of Private Housing in Organic Towns Article 16 Circumstances Warranting Application for Construction of Private Housing in Organic Towns Any of the following circumstances shall warrant the application for construction of private housing in organic towns: 1. Per capita floor space falls within the standards set by district/county people' s governments permitting construction of private housing; 2. When a person has reached the legal age for marriage but has no separate housing to live in with his/her spouse after marriage; 3. An adult male and an adult female who are not spouses but live in the same room because they have no place to live separately; 4. The house is dilapidated, located on low-lying land, and dark and damp, and dose not possess the minimum sanitary conditions for living; 5. Reconstruction is necessary because the house is affected by the construction of municipal works; or 6. The house is identified as dangerous. Article 17 Circumstances Restricting Construction of Private Housing in Organic Towns Conformity with the circumstance set forth in Item 4 or 5 of Article 16 of these Procedures, and with the addition of one of the following circumstances warrants an application for reconstruction of private housing in organic towns, but the housing constructed shall not exceed the area occupied by the original house and its floor space: 1. The owner of the house does not have his /her permanent residence registered in the locality of the house; or 2. Difficulties in accommodation arise because of the sale or lease of the house or the change in the nature of its use. Houses in any one of the circumstances named in Article 8 of these Procedures but being dangerous houses may warrant application for construction of private housing in organic towns, but the housing constructed shall not exceed the area occupied by the original house and its floor space. Article 18 Computation of Resident Population To construct private housing in organic towns, the resident population is computed according to the number of persons of permanent residence registration on the day of application. The only child who has obtained the single-child certificate of this Municipality shall be counted as two persons in the computation of resident population. In any of the following circumstances, the person who has permanent residence registration in the house shall not be counted in the computation of resident population: 1 The person has housing elsewhere and there is no difficulty in accommodation; 2 The person has his/her permanent residence registered in the house of the applicant for enrollment in a nursery or school, but his/her parents have housing elsewhere in this Municipality. The specific conditions whereby the person who does not have his/her permanent residence registered in the house may be counted in the computation of resident population in the construction of private housing in organic towns shall be set by the district/county people' s governments. Article 19 Restrictions on the Area, Number of Stories and Height of the House In the construction of private housing in organic towns, the new building shall not exceed the old in the area it occupies; the per capita floor space shall comply with the standards set by district/county people' s governments with 25 square meters as the maximum; and the number of stories shall be 3 at the most, and the height of each story shall not exceed 3.2 meters. Article 20 Location of the Reconstructed Building In the construction of private housing in organic towns, the area occupied by the new building shall not exceed the boundary of the old building. However, in case the original boundary is irregular or overlaps the planned red line of roads or in the way of fire protection passages, appropriate adjustments may be made of the boundary of the building lot with the approval of the district/county city planning departments. The district/county city planning departments may, according to the approved city construction plan of organic towns, make adjustments in the building lots for construction of private housing in organic towns so as to make the private houses relatively concentrated. Article 21 Restriction on Spacing in the Construction of Private Housing in Organic Towns Spacing in the construction of private housing in organic towns shall be carried out in accordance with the following provisions: 1. In the new areas of organic towns, the standards for towns in suburban counties set forth in Chapter IV of the Technical Specifications shall be followed; 2. In the old areas of organic towns, the standards for downtown areas set forth in Chapter IV of the Technical Specifications shall be followed; 3. In the extraordinarily densely built old areas of organic towns, Article 28 of Chapter IV of the Technical Specifications shall be followed; Classification of the above-mentioned areas shall be determined by district/county city planning departments. Article 22 Handling of Spacing Between Buildings Under Special Circumstances Where it is extraordinarily difficult to execute in Article 21 of these Procedures in constructing private housing in organic towns, spacing between buildings may be adjusted with the verification and approval of district/county city planning departments, but the applicant for such adjustment shall obtain written consent of neighboring parties that may be affected, as determined by district/county city planning departments. Article 23 Circumstances Prohibiting Reconstruction, Requirements on Construction, and Identification of Dangerous Houses The circumstances prohibiting reconstruction of private housing in organic towns, the construction requirements, and the identification of dangerous houses shall be executed in accordance with of Articles 8, 14 and 15 of these Procedures. Chapter IV Frontal Decoration of Houses Along City Roads Article 24 Requirements on Decoration The appearance, size and color of frontal decoration of houses along the city roads shall be in harmony with the surroundings. The appearance, size and color of frontal decoration of the shops of the same building shall be harmonious. The location and size of shop signs shall be uniform insofar as possible. Article 25 Scope of Decoration In case the building belongs to different owners or users, the outer wall and the outside space taken up by frontal decoration shall not exceed the part of the building used by the applicant. If there is real need to go beyond the part used by the applicant, the applicant shall obtain the written consent of other owners or users. Article 26 Affixtures to Buildings that Border Closely on or Overlap the Planned Red Line of Roads Affixtures to buildings along city roads that border closely on, or overlap, the planned red line of roads shall comply with the following provisions: 1. The outstretch of shop signs shall not exceed 1 meter and the clear height from the bottom of the signs to the ground outside shall be not less than 3 meters and shall not hinder the various overhead lines, networks, and the shade trees that line the roads; 2. In case the door is opened outward, the distance of the door frame drawn back shall be not less than the width of the door; 3. In case the windows are opened outward, the clear height from the bottom of the windows to the ground outside shall be not less than 2.5 meters, and their outstretch shall not be more than 0.4 meters; or 4. The doorsteps, platforms, display windows and decorations of the building shall not take up the space of city roads. Article 27 Affixtures to Buildings of Concessional Planned Red Line of Roads The doorsteps, platforms, display windows and decorations of buildings along city roads shall not go beyond the planned red line of the roads. Within the distance set between the building and the concessional planned red line of city roads, the clear height from the bottom of the outstretched rain sheds, platforms, shop signs and decorations of the buildings to the ground outside shall be not less than 3 meters; the width of their outstretch shall be set by district/county city planning departments. If the distance between the building and the concessional planned red line of the city road is less than 1 meter, the provisions of Article 26 of these Procedures shall apply. Article 28 Decoration of Preserved Buildings The frontal decoration of outstanding modern buildings along city roads and other buildings within the belt where construction is controlled for their preservation shall, in addition to provisions of these Procedures, follow the relevant provisions of this Municipality on the administration of preservation of outstanding modern buildings. Chapter V Application for, Approval of and Supervision Over Miscellaneous and Petty Construction Projects Article 29 Subject of Application Application for renovation and reconstruction of shacks and simple and crude housing shall be submitted by their owner. Application for construction of private housing in organic towns shall be submitted by the user of the original building lot. Application for frontal decoration of buildings along city roads shall be submitted by their owner or user. Article 30 Examination and Approving Departments Approval of plans for miscellaneous and petty construction projects shall be granted by the district/county city planning department in the locality of the project. If the miscellaneous and petty construction project has to do with the People' s Square, the Central Business Area, business streets at the municipal level, a unit preserved for cultural relics, or outstanding modern buildings, its design scheme shall be submitted through district/county city planning departments to the Municipal Bureau of Planning for approval. Article 31 Application for Renovation and Reconstruction of Shacks and Simple and Crude Housing Those who apply for renovation and reconstruction of shacks and simple and crude housing shall fill out an application form and submit the following documents: 1. Certificate of title to the house; 2. Certificate of permanent residence registration; 3. Certificate of land use; and 4. Plan of the building to be constructed. In addition to the documents listed in the preceding paragraph, a certificate of the identification of the building as being dangerous shall also be submitted, if a dangerous building is involved. If the reconstructed building is a three-storied one, the blueprints designed or checked by a qualified designing institution shall also be submitted. Article 32 Application for Construction of Private Housing in Organic Towns Those who apply for construction of private housing in organic towns shall fill out an application form and submit the following documents: 1. Land use certificate of the original building lot; 2. Certificate of permanent residence registration; and 3. Plan of the building to be constructed. In addition to the documents listed in the preceding paragraph, a certificate of the identification of the building as being dangerous shall also be submitted, if a dangerous building is involved. If the reconstructed building is a three-storied one, the blueprints designed or checked by a qualified designing institution shall also be submitted. Article 33 Application for Frontal Decoration of Buildings Along City Roads Those who apply for frontal decoration of buildings along city roads shall fill out an application form and submit the certificate of title to the building or a certificate of use rights. If the applicant is the user of the building, the written opinions of the owner of the building giving consent to the frontal decoration shall also be submitted. If the building is located on a main business street, a color picture of decoration effects shall also be submitted. In addition to the provisions listed in the preceding paragraph, the blueprints designed or checked by a qualified designing institution shall also be submitted if the frontal decoration has considerable effect on city planning or the landscape of the city. The specific circumstances warranting submission of the blueprints shall be mentioned by the Municipal Bureau of Planning. Article 34 Time Limit for Examination and Approval Upon receiving the application for miscellaneous and petty construction projects, district/county planning departments shall make a decision on the examination and verification within 20 legal working days. If approval is granted after examination and verification, a permit of construction project planning (miscellaneous and petty projects) shall be issued. If approval is not granted after examination and verification, a written explanation shall be given. Where the Municipal Bureau of Planning is to examine and verify a design scheme of miscellaneous and petty construction projects that have to do with the People' s Square, the Central Business Area, business streets at the municipal level, a unit preserved for cultural relics, or outstanding modern buildings, the Municipal Bureau of Planning shall make a decision within 7 legal working days after the receipt of the scheme. Where frontal decoration of buildings along city roads has to do with relevant administrative departments, district/county city planning departments shall ask, in writing, for the opinions of the relevant departments, which, in turn, shall give an written opinion within 7 legal working days. Article 35 Review If the shack and simple and crude housing to be renovated and reconstructed or the private housing in organic towns to be constructed is one that shall be demolished and reconstructed, the applicant shall do lofting on the construction site, apply for an inspector to be sent from the approving department to check it, and report the date for commencement of construction. The .construction shall not commence until it is satisfactorily checked. Upon receiving application for checking, the examining and approving department shall complete the checking within 7 legal working days. Article 36 Commencement of Construction The applicant shall commence construction within 6 months upon obtaining a permit of construction project planning (miscellaneous and petty projects). In case the applicant find it impossible to start construction within the time limit, he/she may apply, ten days before the date of expiration, to the examining and approving department for an extension, which shall not exceed 6 months. The permit of construction project planning (miscellaneous and petty projects) shall become void if construction does not commence within the time limit and no application is made for an extension, or if application for an extension is denied. Article 37 Check and Acceptance of Completed Project When a miscellaneous and petty construction project is completed, the applicant shall apply for an acceptance check to the examining and approving department, which shall conduct the check within 15 legal working days upon receiving the application. If the project is up to standard, a certificate of check and acceptance shall be issued. Chapter VI Legal Liability Article 38 Handling of Acts Violating These Procedures Violators of the provisions of these Procedures shall be penalized by the Municipal Bureau of Planning or district/county city planning departments in accordance with relevant laws, regulations and rules of the State and this Municipality. Either administrative punishment shall be imposed or coercive measures shall be taken. Chapter VII Supplementary Provisions Article 39 Definition of Relevant Terminology Downtown areas refer to the ten districts of Huangpu, Nanshi, Luwan, Xuhui, Changning, Jingan, Putuo, Zhabei, Hongkou and Yangpu. Other spacings between buildings include spacings between buildings that are parallel or horizontal to each other, or that are neither parallel nor horizontal to each other. Class 3 fire-resistant standard means that the walls, pillars, beams, floorslabs and stairs are non-ignitable, the partition walls and suspended ceilings (including their joists) are difficult to ignite but the weight-bearing frame of the roof may be ignitable. Article 40 Department Responsible for Interpretation of Application The Municipal Bureau of Planning may interpret these Procedures in their specific application. Article 41 Date of Implementation These Procedures shall become effective on January 1, 2000. |
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