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Provisions of Shanghai Municipality on the Demolition of Illegal Building
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| (Adopted at the 10th Session of the Standing Committee of the 11th People's Congress of Shanghai Municipality on June 1, 1999) Article 1 In order to strengthen control of illegal building and to improve urban environmental quality, these Provisions are formulated in accordance with relevant laws and administrative decrees of the State and in light of the actual circumstances of this Municipality. Article 2 These Provisions are applicable to the demolition of illegal buildings within the administrative areas of this Municipality that endanger public security, affect public hygiene, block city traffic or spoil city appearance (hereinafter referred to as illegal buildings). Illegal buildings other than those described in the preceding paragraph shall be dealt with by planning and other administrative departments in accordance with relevant laws and regulations. Article 3 The municipal and district/county governments shall, in accordance with the law, strengthen their leadership of the demolition of illegal buildings and take responsibility for the implementation of these Provisions within their respective jurisdiction. The municipal and district/county planning administrative departments shall, in accordance with relevant laws and regulations, investigate, verify and identify illegal buildings and make decisions for their demolition within a specified period of time. Article 4 The decisions made by the municipal or district/county planning administrative departments for the party concerned to demolish illegal buildings within a specified period of time shall take the written form and be served on the party concerned. When making decisions to demolish, within a specified period of time, illegal buildings whose owner is hard to identify, the municipal or district/county planning administrative departments shall give a public notice of the decision. The party concerned shall demolish the illegal building within the specified period of time. Article 5 In case the party concerned fails to demolish the illegal building within the specified period of time, the municipal or district/county planning administrative departments may apply to the municipal or district/county people's governments for its forced demolition. The municipal or district/county people's governments shall give a public notice seven days before the forced demolition of the illegal building. Article 6 For concentrated stretches of illegal buildings, the municipal or district/county planning administrative departments shall make a decision for the parties concerned to demolish them within a specified period of time, and give a public notice of the decision. The parties concerned shall carry out the demolition within the specified period of time. In case the parties concerned fail to demolish the illegal buildings within the specified period of time, the municipal or district/county planning administrative departments may apply to the municipal or district/county people's governments for their forced demolition. The municipal or district/county people's governments shall give a public notice ten days before the forced demolition of concentrated stretches of illegal buildings. Article 7 For illegal buildings to which these Provisions are applicable that are under construction, the municipal or district/county planning administrative departments shall make a decision for the party concerned to stop the building immediately, and carry out its demolition within the prescribed period of time. In case the party concerned does not carry out the demolition as ordered, the municipal or district/county planning administrative departments may carry out forced demolition immediately. For other illegal buildings that are under construction, the planning and other administrative departments shall order the parties concerned to stop the building immediately and deal with them in accordance with the law. Article 8 If the party concerned refuses to accept as final the decision made by the municipal and district/county planning administrative departments to demolish the illegal building within a specified period of time, it may apply for administrative review or bring an administrative action in accordance with the laws and regulations regarding administrative review or the provisions of the Administrative Litigation Law of the People's Republic of China. While administrative review or administrative procedures are under way, demolition of illegal building shall not be stopped unless otherwise prescribed by laws or regulations. Article 9 Any unit or individual person that discovers an illegal building shall have the right to report it to the municipal or district/county planning administrative departments. The municipal and district/county planning administrative departments shall set up a supervision telephone and a supervision letter box to receive reports by units or individual persons on illegal building, and inform the reporter of the handling of the case. Article 10 These Provisions shall become effective on June 15, 1999. |
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