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Announcement No.12-Regulations on Urban and Rural Planning of Beijing

  • 日期:2019-03-29 21-16
  • 来源:北京市规划和自然资源委员会
  • 字号:


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Comparison between Before and After Amendment to Regulations on Urban and Rural Planning of Beijing

(The final version)

 

Description: The revised parts are expressed in bold and underlined texts

 

Chapter I General Provisions

 

Before the amendment

After the amendment

Article 1 These Regulations are formulated in accordance with the Law of the People’s Republic of China on Urban and Rural Planning and in light of the actual situation of Beijing, in order to make good urban and rural planning, coordinate the spatial distribution of urban and rural areas, improve the environment for resident settlement and development, and promote the comprehensive, coordinated and sustainable development of economy, society, population, resources and environment.

Article 1 These Regulations are formulated in accordance with the Law of the People’s Republic of China on Urban and Rural Planning and in light of the actual situation of Beijing, in order to make good urban and rural planning, coordinate the spatial distribution of urban and rural areas, improve the environment for resident settlement and development, and promote the comprehensive, coordinated and sustainable development of economy, society, population, resources and environment.

  Article 2 The administrative areas of Beijing are all planning areas.

  These Regulations shall be applicable to the formulation, implementation, revision, supervision and inspection of Beijing’s urban and rural planning as well as to related urban and rural construction activities.

The urban and rural planning of this Municipality includes the overall plan of this Municipality, overall and detailed plans of central and new towns, towns and townships, village plans, plans of designated areas and special plans.

Article 2 The administrative areas of Beijing are all planning areas.

These Regulations shall be applicable to the formulation, implementation, revision, supervision and inspection of Beijing’s urban and rural planning as well as to related urban and rural construction activities.

Beijing’s urban and rural planning includes overall urban planning, district planning, detailed planning, township/town planning, village planning, specific area planning and special planning.

Article 3 Beijing is the capital of the State, the political and cultural center of the whole country, a famous ancient capital in the world and a modern international municipality.

The urban and rural planning and construction in Beijing shall be carried out based on the nature of this Municipality and reflect the requirements of serving the work of the central Party, government and military leading organs, serving the international exchanges of the State, serving the development of science, technology and education, and serving the improvement of the people's living.

 

Article 3 As the capital of the People’s Republic of China, Beijing is the country’s center for politics, culture, international exchange, and scientific and technological innovation.

Beijing’s urban and rural areas shall be planned and constructed based on the strategic positioning of the city and in line with the goal of facilitating the work of the leading organs of the Party, the central government and the army, the country’s international exchanges, the development of science and technology, culture and education, and the higher living standards of the people.

 


Article 4 Overall urban planning is viewed as the fundamental basis for urban development, construction and management. Beijing has established a land space planning and control system to coordinate planning at all levels, under the guidance of overall urban planning and the integration of plans.

Major issues concerning the implementation of the overall urban planning shall, in accordance with relevant regulations, be deliberated by the Capital Planning and Construction Commission and submitted to the Party Central Committee and the State Council for instructions.

 

  Article 4 The scientific outlook of development shall be implemented and the idea of “Humanistic Beijing, Hi-tech Beijing and Green Beijing” be reflected; the people-oriented principle be adhered to so as to create favorable conditions for people's living and development, properly handle and coordinate the relations of different interests, and protect the fundamental interests of the people; urban and rural development be planned in an overall way so as to promote the integrated social and economic development in urban and rural areas, development among regions be planned in an overall way so as to promote the coordinated regional development, economic and social development be planned in an overall way so as to reasonably plan the spatial layout for the development of both industries and social affairs, harmonious development of man and nature be planned in an overall way so as to coordinate the planned allocation of population, resources and environment, and requirements for domestic development and opening to the outside world be planned in an overall way so as to improve the municipality's internationalization and modernization in the urban and rural planning and construction in this Municipality.

Article 5 In terms of urban and rural planning and construction, Beijing shall put people first, adhere to its strategic positioning, and implement the Beijing-Tianjin-Hebei coordinated development strategy with focus on dispersion of non-capital functions. The city shall also optimize urban function and spatial layout and strictly control urban size. Additionally, it shall strengthen overall planning between urban and rural areas and promote their integrated development. It shall improve the urban governance system, strengthen fine governance, co-governance, and rule of law, and address the “urban disease.” All these efforts are expected to achieve sustainable urban development and build a world-class, harmonious and livable city.

  Article 5 The urban and rural plans of this Municipality shall be compatible and consistent with the plans for national economic and social development and that for land use.
  The urban and rural planning and construction in this Municipality shall be based on the actual situation of economic and social development, fully consider the load capacity of resources and environment, reasonably define the development scale of the municipality, improve the functions of the municipality, optimize the industrial structure, economize the land use, improve the ecological environment, improve the efficiency of resources utilization, and promote the construction of urban and rural infrastructures, public service and security facilities and disaster prevention and relief system.

Article 6 The city’s urban and rural planning and construction shall take into account the reality of economic and social development and the carrying capacity of resources and environment, while paying attention to decrement and intensive development. Specific measures include strictly controlling population ceiling, lines for ecological protection, and boundaries for urban development; delimiting areas for centralized construction, restricted construction and ecological control; implementing a region-wide space regulation; enhancing capital functions; optimizing the industrial structure; improving the ecological environment; raising the efficiency of resource utilization; promoting the organic regeneration of cities; and advancing the construction of urban and rural infrastructure, public service facilities and public safety facilities, as well as systems for disaster prevention and reduction.

 

  Article 6 The urban and rural planning and construction in this Municipality shall respect the history and culture of the municipality and protect its historical and cultural heritages and traditional style.
  Where the protection of the famous historic and cultural city is involved in the urban and rural planning and construction in this Municipality, laws and regulations such as the Regulations on Protection of Famous Historic and Cultural Cities, Towns and Villages and the Regulations on Protection of Famous Historic and Cultural City of Beijing shall be followed.

Article 7 The urban and rural planning and construction of Beijing shall respect the history and culture of the city in a way that is consistent with the style, charm and legacy of the ancient capital. Efforts shall be made to improve the mechanism for protecting historical and cultural heritages as well as traditional scenes, and enhance the system for protecting famous historical and cultural cities covering the old city, the central urban area, the municipal area and the Beijing-Tianjin-Hebei Region.

 

  Article 7 Urban and rural planning is an important mandate of people’s governments at all levels. The municipal people’s government shall direct the urban and rural planning of Beijing. The people's governments at the district or county level shall be responsible for the work of urban and rural planning within their own administrative areas according to the prescribed powers. Each township/town people’s government shall be responsible for urban and rural planning within its administrative region given its limits of authority as prescribed. Sub-district offices shall, under the leadership of the people's governments at the district or county level, cooperate with the competent administrative departments for planning to do a good job related to administration of urban and rural planning.

  The competent administrative department for planning at the municipal level shall be responsible for administration of urban and rural planning in this Municipality. The dispatched offices of the competent administrative department for planning at the municipal level shall undertake the work related to administration of urban and rural planning according to the prescribed duties and functions.

  Relevant departments of the people's governments at the municipal and the district or county level shall bring to success the relevant work of urban and rural planning according to their respective duties and functions.

  Where there are major events in the planning and construction in this Municipality that need to be reported to the Capital Planning and Construction Commission according to the provisions of the State, such provisions shall be followed.

 

Article 8 Urban and rural planning is an important mandate of people’s governments at all levels. The municipal people’s government shall direct the urban and rural planning of Beijing. Each district people’s government shall be responsible for urban and rural planning within its administrative region given its limits of authority as prescribed. Each township/town people’s government shall be responsible for urban and rural planning within its administrative region given its limits of authority as prescribed. The sub-district offices shall, under the leadership of the district people’s government concerned, cooperate with the authorities in charge of planning and natural resources regarding the administration of urban and rural planning, and participate in the formulation, construction and acceptance of the facilities under their jurisdiction.

The municipal planning and natural resources authority shall be responsible for the administration of the city’s urban and rural planning. The local offices of the municipal planning and natural resources authority shall be responsible for the administration of urban and rural planning in accordance with their prescribed functions and duties.

The relevant authorities of the municipal and district people’s governments shall carry out relevant urban and rural planning in accordance with their respective functions and duties. The municipal and district people’s governments shall establish sound inter-departmental mechanisms to coordinate the administration of urban and rural planning.

 

  Article 8 This Municipality shall carry out innovations in the mode of administration and improve the efficiency in the formulation, implementation, supervision and administration of the planning through diversified means such as control and direction, administrative licensing, public services and joint supervision.
  This Municipality shall encourage the development of scientific and technological research in urban and rural planning and popularization of advanced technologies to make urban and rural planning more scientific.

  Article 9 Beijing shall create an innovative governance model to improve the efficiency of formulation, implementation and supervision of urban and rural planning by means of guidance, administrative licensing, public service, joint regulation, and evaluation.

The city encourages conducting scientific research in urban and rural planning and adding scientific elements to urban and rural planning with advanced technologies.

  Article 9 This Municipality shall intensify the development of the database on natural resources and geographic space so as to improve the share of information among the relevant administrative departments and ensure scientific formulation and effective implementation of the urban and rural planning.

Article 10 Beijing shall strengthen the construction of databases for natural resources, ecological environment, economic and social resources, cultural heritage resources, various facilities and geographic space. The city shall establish a database for planned national land space covering planning formulation results, construction project approval, and project completion acceptance, and build an information sharing mechanism among authorities and between them and central and state organs, in order to ensure the scientific formulation and effective implementation of urban and rural planning.

 

  Article 10 Urban and rural planning approved in accordance with the law is the basis for the administration of urban and rural construction and planning. All construction activities shall conform to the urban and rural planning approved according to the law.

Article 11 Urban and rural planning approved in accordance with the law is the basis for the administration of urban and rural construction and planning. All construction activities shall conform to the urban and rural planning approved according to the law.

 

  Article 11 All organizations and individuals shall abide by the urban and rural plans approved and promulgated in accordance with the law and obey the planning administration.
  Any organizations or individuals shall have the right to put forward opinions and suggestions on the formulation, implementation, revision, supervision and inspection of urban and rural planning, and to inquire with the planning administrations on the compliance of construction activities involving their interests with planning requirements. The competent administrative departments for planning shall improve systems, maintain smooth channels and seriously study the relevant opinions and suggestions; for inquiries concerning the planning, relevant information shall be provided in accordance with the provisions on disclosure of government information.
  All organizations and individuals shall have the right to report or make an accusation against any violations of the urban and rural plans to the competent administrative departments for planning, relevant law enforcement departments or other institutions designated by the Municipal People's Government, the people's governments at the town or township level or other relevant departments. The said departments shall, without delay, accept such report or accusation and make arrangements for investigation and handling it.

Article 12 All organizations and individuals shall abide by the urban and rural plans approved and promulgated in accordance with the law and obey the planning administration.

Organizations or individuals shall have the right to put forward opinions and suggestions on the formulation, implementation, revision, supervision and inspection of urban and rural planning, and to inquire with the planning and natural resources authorities on the compliance of construction activities involving their interests with planning requirements.

They shall also have the right to report violations of urban and rural planning to the planning and natural resources authorities, the comprehensive administrative law enforcement organs for urban administration, the township/town people’s governments (hereinafter referred to as “law enforcement organs”) or other relevant authorities.

 


Article 13 Beijing shall improve the mechanism for public participation in planning and smooth the channels for multiple players to participate in planning. The formulation, implementation, revision, supervision and inspection of urban and rural plans shall be made available to the public whose opinions shall be fully considered.

The city shall improve the feedback mechanism for the adoption of public opinions, carefully study relevant opinions and suggestions, and report the results to the public in a timely manner.

 


Article 14 Beijing shall implement the system of responsible planners who guide the implementation of planning and encourage public participation. Specific measures shall be formulated by the municipal planning and natural resources authority.

 

Chapter II Formulation of Urban and Rural Planning

 

Before the amendment

After the amendment

  Article 12 The urban and rural development shall be scientifically predicted, the relations between short-term construction and long-term development, between the interests of the part and those of the whole and between economic development and eco-environment protection shall be properly handled so as to achieve unified urban and rural planning and coordinated development among regions in the formulation of urban and rural plans.

  Deleted

  Article 13 This Municipality shall take charge of the formulation of urban and rural plans in a planned way.

  All kinds of urban and rural planning shall be formulated on the basis of urban and rural planning at higher levels. Plans of central and new towns shall be formulated on the basis of the overall plan of this Municipality; town plans and township plans shall be formulated on the basis of those of central and new towns; village plans shall be formulated on the basis of those for towns and townships; on the basis of the relevant urban and rural plans, plans of designated areas and special plans shall be formulated according to needs to supplement and deepen relevant contents and attain coherence to the detailed control plans.

 The central and new towns, towns and townships shall formulate both overall plans and detailed control plans. On the basis of the detailed control plans, the detailed construction plans may be formulated according to needs in the implementation of the plans.

 

Article 15 Beijing shall establish a sound planning formulation system that features region-wide administration and control, hierarchical classification, and integration of plans, and shall organize the formulation of urban and rural planning in a systematical way.

All kinds of urban and rural planning shall be formulated on the basis of urban and rural planning at higher levels. District planning as well as regulatory planning of core functional areas and sub-centers of the city shall be worked out on the basis of the overall urban planning. Regulatory planning and township/town planning shall be formulated on the basis of district planning. Village planning shall be prepared on the basis of township/town planning.

On the basis of relevant urban and rural planning, planning for specific areas as well as special planning for water, electricity, gas, heat, transportation, information and communications shall be formulated as necessary to supplement and deepen relevant contents. Specific area planning and special planning shall be incorporated into urban and rural planning at the corresponding level upon approval.

 


Article 16 With respect to the utilization of space in the city, underground space shall be used first before aboveground space, while utilization of the two shall be coordinated, with equal emphasis to combination of use for peacetime and wartime and for peacetime and disaster. All kinds of urban and rural infrastructure, public service facilities, and public security facilities shall be coordinated, while consideration shall be given to the needs of protection of military facilities. All these measures aim to promote the comprehensive development and utilization of space resources.

 

  Article 14 In making urban and rural planning, it is necessary to abide by laws, regulations and rules as well as national and municipal technical standards and specifications, and adhere to government organization, expert guidance, departmental cooperation, public participation and scientific decision-making.
  For major themes involved in the urban and rural planning, such as resources and environmental protection, overall planning of development among regions, overall planning of urban and rural development, goals of development and spatial layout of the municipality and protection of historical and cultural heritages, experts in the relevant fields shall be organized for study.
  The authorities in charge of the formulation of the plans shall solicit opinions from experts and the general public according to law in various forms such as appraisal conferences, hearings, talks, or publication, and attach explanations on the adoption of relevant opinions and reasons to the materials submitted for examination and approval.
  Before submitting the urban and rural plans for examination and approval, the authorities in charge of the formulation shall, in accordance with law, publish the drafts of the plans. Publication of the drafts shall remain for at least 30 days.
  Relevant departments and organizations shall actively cooperate with the formulation of urban and rural planning, submit relevant materials as required, and explain the current situation and development needs.

Article 17 In making urban and rural planning, it is necessary to abide by laws, regulations and rules as well as national and municipal technical standards and specifications, and adhere to government organization, expert guidance, departmental cooperation, public participation and scientific decision-making.

Experts in relevant fields shall be organized to study major topics in urban and rural planning, such as protection of resources and ecological environment, balance in regional development and urban and rural development, urban development goals and spatial layout, protection of historical and cultural heritage, and transportation.

The planning formulation authority shall solicit opinions from relevant departments, experts and the public according to the law by such forms as feasibility study meeting, hearing, symposium and public announcement, and include the adoption of opinions and reasons in the materials submitted for approval.

Before the urban and rural planning is submitted for approval, the planning formulation authority shall, in accordance with the law, make the draft urban and rural planning public for no less than 30 days.

Relevant departments and organizations shall actively cooperate with the formulation of urban and rural planning, submit relevant materials as required, and explain the current situation and development needs.

 

  Article 15 Urban and rural planning shall be formulated in accordance with the following provisions:

  (1) Overall urban planning shall be formulated by the municipal people’s government;

  (2) The overall plans and detailed control plans of central and new towns shall be formulated under the charge of the competent administrative department for planning at the municipal level together with the concerned people's governments at the district or county level;

  (3) The overall plans and detailed control plans of towns or townships shall be formulated under the charge of the people's governments at the district or county level in the localities where they are situated, and the people's governments at the town or township level shall undertake the concrete work according to the requirements of the people's governments at the district or county level;
  (4) The village plans shall be formulated under the charge of the people's governments at the town or township level in the localities where they are situated;
  (5) The plans of designated areas shall be formulated under the charge of the people's governments at the district or county level in the localities where they are situated or the competent administrative department for planning at the municipal level; and
  (6) The special plans shall be formulated under the charge of the relevant competent administrative departments or the competent administrative department for planning at the municipal level.

Article 18 Urban and rural planning shall be formulated in accordance with the following provisions:

(1) Overall urban planning shall be formulated by the municipal people’s government;

(2) Regulatory planning of core functional areas and sub-centers of the city shall be formulated by the municipal people’s government;

(3) District planning as well as regulatory planning of central urban areas outside core functional areas of the capital and of new cities shall be formulated by the concerned district people’s government together the municipal planning and natural resources authority;

(4) Township/town planning shall be formulated by the people’s government of the district where the township/town is located, and the township/town people’s governments shall be responsible for specific implementation in accordance with the requirements of the district people’s government;

(5) Village planning shall be formulated by the people’s government of the township/town where the village is located;

(6) Specific area planning shall be formulated by the people’s government of the district where the specific area is located or by the municipal planning and natural resources authority;

(7) Special planning shall be formulated by the relevant authorities or the municipal planning and natural resources authority.

 

  Article 17 Urban and rural planning shall be approved and put on record in accordance with the following provisions:  

(1) the overall plan of this Municipality shall be submitted to the State Council for examination and approval;
  (2) The overall plans and detailed control plans of central towns shall be submitted to the Municipal People's Government for examination and approval; and after being examined and approved, submitted to the Standing Committee of the Municipal People's Congress for the record;
  (3) The overall plans and detailed control plans of new towns shall be submitted to the Municipal People's Government for examination and approval; the detailed control plans of new towns shall, after being examined and approved, submitted to the Standing Committee of the Municipal People's Congress for the record;

(4) The overall plans and detailed control plans of towns or townships that are required by the Municipal People's Government to be submitted to the Municipal People's Government for examination and approval shall be submitted to the Municipal People's Government for examination and approval after being submitted to the competent administrative department for planning at the municipal level for examination by the people's governments at the district or county level; the overall plans and detailed control plans of other towns or townships shall be submitted to the competent administrative department for planning at the municipal level for examination and approval by the people's governments at the district or county level. The detailed control plans of towns or townships, after being examined and approved, shall be submitted to the standing committees of the people's congresses at the district or county level for the record;
  (5) The village plans shall be submitted to the people's governments at the district or county level for examination and approval after being examined by the dispatched offices of the competent administrative department for planning at the municipal level;
  (6) The plans of designated areas that are formulated under the charge of the competent administrative department for planning at the municipal level shall be submitted to the Municipal People's Government for examination and approval; among such plans that are formulated under the charge of the people's governments at the district or county level in the localities where the areas are situated, the plans of key designated areas shall be submitted to the Municipal People's Government for examination and approval after being examined by the competent administrative department for planning at the municipal level, and those of general designated areas shall be examined and approved by the competent administrative department for planning at the municipal level; and 
  (7) The special plans that are formulated under the charge of the competent administrative department for planning at the municipal level shall be submitted to the Municipal People's Government for examination and approval; those that are formulated under the charge of relevant administrative departments shall be submitted to the Municipal People's Government for examination and approval after being examined by the competent administrative department for planning at the municipal level.

 

Article 19 Urban and rural planning shall be approved and put on record in accordance with the following provisions:

(1) Overall urban planning shall be submitted to the Party Central Committee and the State Council for approval;

(2) Regulatory planning of core functional areas and sub-centers of the city shall be submitted to the Party Central Committee and the State Council for approval and, upon approval, to the Standing Committee of the Municipal People’ Congress for the record;

(3) District planning as well as regulatory planning of central urban areas outside core functional areas of the capital and of new cities shall be submitted to the municipal people’s government for approval and, upon approval, to the Standing Committee of the Municipal People’ Congress for the record;

(4) Township/town planning shall be submitted by the district people’s government to the municipal planning and natural resources authority for approval by the municipal people’s government and, upon approval, to the Standing Committee of the Municipal People’ Congress for the record;

(5) Village planning shall be submitted to the district people’s government for approval after being examined by the local office of the municipal planning and natural resources authority and, upon approval, to the Standing Committee of the Municipal People’ Congress for the record;

(6) Specific area planning, if formulated by the municipal planning and natural resources authority, shall be submitted to the municipal people’s government for approval; if formulated by the district people’s government, important specific area planning shall be submitted to the municipal people’s government for approval after being examined by the municipal planning and natural resources authority, while general specific area planning shall be approved by the municipal planning and natural resources authority;

(7) Special planning, if formulated by the municipal planning and natural resources authority, shall be submitted to the municipal people’s government for approval; if formulated by relevant authorities, shall be submitted to the municipal people’s government for approval after being examined by the municipal planning and natural resources authority.

Major issues concerning the preceding paragraph shall, in accordance with relevant regulations, be submitted to the Party Central Committee and the State Council for instructions.

 

  Article 16 The overall plan of this Municipality shall, before it is submitted for examination and approval, be deliberated by the Standing Committee of the Municipal People's Congress; the overall plans of new towns shall, before it is submitted for examination and approval, be deliberated by the standing committees of the people's congresses at the district or county level; and the overall plans of towns or townships shall, before it is submitted for examination and approval, be deliberated by the people's congresses at the town or township level. The deliberation opinions of members or representatives of the standing committee shall be submitted to the people’s government at the corresponding level for analysis and handling.
  When submitting the overall plans for examination and approval, the authority in charge of the formulation of such plans shall, at the same time, submit the opinions formed after deliberation and the modifications made to the plans on the basis of the opinions.
  Before being submitted for approval, village planning shall be discussed and approved by the villagers’ meeting or the villagers’ representative meeting according to the law.

Article 20 Overall urban planning shall first be deliberated by the Standing Committee of the Municipal People’s Congress before being submitted for approval; district planning shall first be deliberated by the Standing Committee of the District People’s Congress before being submitted for approval; township/town planning shall be deliberated by the People's Congress of the township/town before being submitted for approval. The deliberation opinions of members or representatives of the standing committee shall be submitted to the people’s government at the corresponding level for analysis and handling.

The planning formulation authority shall submit overall urban planning, district planning and township/town planning, together with the deliberation opinions and revisions made accordingly for approval.

Before being submitted for approval, village planning shall be discussed and approved by the villagers’ meeting or the villagers’ representative meeting according to the law.

 

  Article 18 The urban and rural plans approved according to law shall be published to the society, except for those that shall not be published under the provisions of law or administrative regulations.

Article 21 Urban and rural planning approved in accordance with the law shall be announced to the public through fixed sites or public media, except those that are prohibited by laws and administrative regulations.

Any organization or individual may consult the approved urban and rural planning according to the law, and the planning formulation authority shall provide convenience for such consultation.

 

  Article 19 This Municipality shall conduct dynamic evaluations on the urban and rural plans and supplement and improve relevant contents according to the prescribed procedures and standards so as to maintain the scientificity of urban and rural plans.

  Deleted

 

Chapter III Implementation of Urban and Rural Planning

 

Before the amendment

After the amendment

Article 20 The municipal people’s government shall, in accordance with the city’s economic and social development, formulate immediate construction planning, and organize and implement urban and rural planning in a systematical and step-by-step manner, in order to guide the sound and orderly development of the city.
  The short-term construction plan shall, on the basis of the overall plan of this Municipality, the national economic and social development plan and the overall plan for land use and in light of the actual situation in the urban and rural development, specify the principles and measures to control and direct the development of the Municipality in the short-term and the priorities and schedule of construction in the implementation of the overall plan of this Municipality.

Article 22 The municipal people’s government shall, in accordance with the city’s economic and social development, formulate immediate construction planning, and organize and implement urban and rural planning in a systematical and step-by-step manner, in order to guide the sound and orderly development of the city.

Immediate construction planning shall be based on overall urban planning. Considering the assessment of the implementation of the five-year plan and the actual situation of urban and rural development, the principles and measures for controlling and guiding urban development in the near future, as well as the development priorities and construction schedules for implementing the overall urban planning shall be determined.

Article 21 The competent administrative department for planning at the municipal level shall organize the formulation of an annual implementation program on the basis of the short-term construction plan and submit the program to the Municipal People's Government for approval.
  The annual implementation plan shall be consistent with the annual investment plan and the annual land supply plan. It shall specify the main tasks for the planning year, and make overall arrangements for the construction of key urban and rural infrastructure, public service facilities, public safety facilities and housing construction for middle and low-income residents.

Article 23 The municipal planning and natural resources authority shall, on the basis of the immediate construction planning and in conjunction with the annual urban physical examination, organize the preparation of the annual implementation plan and submit it to the municipal people’s government for approval.

The annual implementation plan shall be consistent with the annual investment plan and the annual land supply plan. It shall specify the main tasks for the planning year, and make overall arrangements for the construction of key urban and rural infrastructure, public service facilities, public safety facilities, ecological and environmental protection projects, and various types of affordable housing.

 


Article 24 To implement Beijing’s urban and rural planning, the city shall, in accordance with the requirements of reducing the quantity and improving the quality, establish an implementation mechanism for reduction, increase-decrease linkage, and overall balance of urban and rural construction land, optimize the utilization of the space vacated by dispersion, and encourage the renewal and renovation of existing construction land and existing buildings.

 


Article 25 This city shall implement the overall urban planning through the mode of land resource consolidation, and coordinate land development and non-land development projects within the planning implementation units. Specific measures shall be formulated by the municipal people’s government.

 

Article 22 The district and county people's governments or the municipal planning administrative authorities may organize the formulation of constructive detailed planning of emphasized regions and urban design guidelines pursuant to regulatory detailed planning and guide construction. The plans that are formulated under the charge of the competent administrative department for planning at the district or county level shall be submitted to the municipal planning administration for examination and approval; those that are formulated under the charge of relevant administrative departments at the municipal level shall be submitted to the Municipal People's Government for examination and approval.

Article 26 The municipal planning and natural resources authority shall guide the implementation of the city’s urban design as a whole, and each district people’s government shall be responsible for the implementation and administration of urban design within its administrative region.

 


Article 27 The city shall establish an urban design management system throughout the whole process of urban planning, construction and administration. The urban design hierarchy includes overall urban design at municipal and district levels, block urban design, plot urban design and special urban design. Plot urban design shall be formulated in key areas, which present control requirements for architectural form, public space, ecological landscape, cultural inheritance and other elements. Other areas shall be governed by the general rules of urban design.

In organizing the compilation of urban design, the feasibility study meeting, hearing meeting, symposium and other forms shall be adopted to extensively solicit opinions from experts and the public. Before approval, urban design shall be announced to the public through fixed sites or public media for no less than 30 days. Urban design at each level shall be incorporated into the urban and rural planning at the corresponding level upon approval.

Specific measures for the administration of urban design shall be formulated by the municipal planning and natural resources authority.

 


Article 28 This city shall establish a block regeneration implementation mechanism featuring district-level overall planning, sub-district players, department cooperation, support from professional forces, and wide participation of the public, and implement the urban regeneration model with a block as a unit. Specific measures shall be formulated by the municipal people’s government.

 

Article 23 The planning permission system shall be implemented in the city according to the law, and all construction land and construction projects shall conform to the urban and rural planning and obtain planning permits according to the law.
  Planning permits include site selection opinions, construction land planning permits, construction project planning permits, rural construction planning permits, and corresponding temporary planning permits.
  An urban construction project shall be constructed in accordance with the construction project planning permit or the temporary construction project planning permit; a rural construction project shall be constructed in accordance with the rural construction planning permit or the temporary rural construction planning permit.

Article 29 The planning permission system shall be implemented in the city according to the law, and all construction land and construction projects shall conform to the urban and rural planning and obtain planning permits according to the law.

Planning permits include site selection opinions, construction project planning permits, rural construction planning permits, and corresponding temporary planning permits.

An urban construction project shall be constructed in accordance with the construction project planning permit or the temporary construction project planning permit; a rural construction project shall be constructed in accordance with the rural construction planning permit or the temporary rural construction planning permit.

Article 24 An organization or individual that holds land use right pursuant to the law may present the land use certificate or the relevant ownership proof documents to enquire the planning criteria with the planning administrative authorities. Where the current land use nature is consistent with the land use purpose or planning land use purpose stated in the land use certificate or the relevant ownership proof documents, the developer may apply for approval for development project on own land.
  Where an organization or individual that holds land use right pursuant to the law but does not fall under the description in the first paragraph applies for approval for development project, the matter shall be dealt with pursuant to the relevant provisions on urban and rural planning, land administration and administration of entity qualifications of developers.

  Deleted

Article 25 Planning criteria shall be suggested on the basis of regulatory detailed planning or village planning, and shall comply with the provisions of laws, regulations and rules and the relevant technical provisions on planning administration.

  Deleted

Article 26 The planning criteria of housing development projects in cities and townships shall specify the infrastructure and public service facilities to be constructed simultaneously and the specific construction timing, and shall be part of the contents of the state-owned land use right assignment contract or the basis for land allocation.
  The entity in charge of residential construction in cities and townships shall construct infrastructure and public utilities facilities simultaneously pursuant to the provisions of the state-owned land use right assignment contract or allocation document.

  Deleted

Article 27 An entity in charge of construction may apply for examination of planning after it has entrusted formulation of constructive detailed planning or design plan for construction project within the scope of land ownership pursuant to the planning criteria. The planning administrative authorities shall provide technical services such as technical examination opinion for planning and planning information consultation, according to the application.

  Deleted


Article 30 The city shall establish an engineering construction project approval and management system that features full-process coverage, full-cycle service, total factor openness, and all-round supervision, and implement the integration of plans, joint review of multiple drawings, joint acceptance, and syncretic multiple tests, so as to realize the scientific, convenient and standardized approval and management system.

The competent authorities concerned shall publish the list of items for approval, and formulate the unified standards for the items for approval of engineering construction projects in the city, practical guidelines for handling matters, and standards for the materials for declaration of items.


Article 31 The municipal planning and natural resources authority shall, in conjunction with relevant departments, establish a collaborative platform for integration of plans which is open to the society, and formulate and publish the comprehensive implementation plan for construction projects in accordance with regulatory planning or village planning.

The comprehensive implementation plan shall include the design requirements, land ownership, planning indexes, urban design requirements, municipal and traffic conditions, land supply method, construction schedule and other contents.

Article 28 A construction unit of major urban and rural infrastructure shall, on the basis of the design scheme of the construction project, organize the compilation of the preliminary design scheme for the expansion of the construction project.
  The municipal planning administrative authorities and the municipal development and reform administrative authorities shall organize the relevant departments to examine the preliminary design plan for expansion of major urban and rural infrastructure construction projects.

Article 32 A construction unit of major urban and rural infrastructure shall, on the basis of the design scheme of the construction project, organize the compilation of the preliminary design scheme for the expansion of the construction project.

The municipal planning and natural resources authority and the municipal development and reform authority shall organize the relevant departments to jointly review the preliminary design scheme.

 

Article 29 A design unit shall undertake the design task in accordance with the prescribed qualification level and business scope.
  The design plan for a construction project shall be formulated on the basis of laws, regulations, rules, planning criteria, and design norms and standards of the State and the Municipality. The construction drawings of a construction project shall comply with the approved contents of the construction project planning permit or planning permit for village construction.

Article 33 A design unit shall undertake the design task in accordance with the prescribed qualification level and business scope.

Design schemes for construction projects shall be formulated in accordance with laws, regulations, rules, and national and municipal design specifications and standards. Construction drawing design documents shall conform to the contents approved by the construction project planning permit or the rural construction planning permit.

 


Article 34 A construction unit shall not undertake any construction project for which the planning permit has not been obtained according to the law. In undertaking a construction project for which the planning permit has been obtained, the construction unit shall carry out construction in accordance with the construction drawings and design documents conforming to the relevant standards.

 

Article 30 Where a construction project is to be constructed along roads, railways, rail transit, rivers, green belts or other public land, a construction unit shall, in accordance with the relevant regulations of the city, expropriate the above public land on behalf of the government.

Article 35 Where a construction project is to be constructed along roads, railways, rail transit, rivers, green belts or other public land, a construction unit shall, in accordance with the relevant regulations of the city, expropriate the above public land on behalf of the government. The expropriation shall be completed before the planned acceptance of the construction project and the handover shall be handled simultaneously.

Article 31 The land reserve agency of the Municipality shall consult the planning administrative authorities on the planning criteria for the relevant land use prior to implementation of land reserve. The planning administrative authorities shall provide the planning criteria in writing, forming an integral part of the authorization and approval document for implementation of land reserve.

  The unit undertaking land reserve tasks shall present the land reserve authorization and approval document to apply for the relevant planning permit from the planning administrative authorities.

  Deleted

  Article 32 Where the State-owned land use right is provided by way of allocation for a construction project which is required to be approved or verified by the relevant departments pursuant to the provisions of the State, the entity in charge of construction shall present the following materials to apply for and issue a site selection opinion from the planning administrative authorities prior to applying for approval or verification from the relevant departments:
  (1) An application for site selection which contains a description of the nature of the project, the scale of the construction, and the site selection intention;
  (2) the relevant documents to prove that the State-owned land use right is provided by way of allocation for the construction project which is required to be approved or verified by the relevant departments;
  (3) the approval document of the relevant departments on the applicant being the developer entity of the project;
  (4) topographic map of stipulated scale marked with the scope of the proposed construction land use; and
  (5) any other materials provided by laws, regulations and rules.
  Construction projects other than those specified in the preceding paragraph do not need to apply for site selection opinions.

Article 36 Where a construction project needs to be approved by the relevant departments in accordance with the provisions of the state, and the use right of the state-owned land is provided by means of allocation, a construction unit shall, before submitting the application for approval to the relevant departments, apply with the planning and natural resources authority for site selection opinions with the following materials:

(1) An application for site selection which contains a description of the nature of the project, the scale of the construction, and the site selection intention;

(2) A defined-scale topographic map which plots the land scope for the proposed project.

Construction projects other than those specified in the preceding paragraph do not need to apply for site selection opinions.

 

  Article 33 The site selection of a construction project shall be cost-effective, intensive in land use, and rationally and centrally distributed. If it is necessary to keep a certain distance from other construction projects due to safety, confidentiality, environmental protection, sanitation and other reasons, the site may be selected independently.
  The site selection within the planned land for urban construction shall conform to the relevant provisions on the supply of state-owned land.
  Urban and rural infrastructure and public safety facilities may be arranged in combination with planned roads, rivers, afforestation and other public land for reasons of land saving and functional needs.
  If urban and rural public utilities facilities actually need to be arranged in combination with planned roads, rivers, afforestation and other public land, the planning administrative authority shall report to the municipal people’s government for approval.

Article 37 The site selection of a construction project shall be cost-effective, intensive in land use, and rationally and centrally distributed. If it is necessary to keep a certain distance from other construction projects due to safety, confidentiality, environmental protection, sanitation and other reasons, the site may be selected independently.

The site selection within the planned land for urban construction shall conform to the relevant provisions on the supply of state-owned land.

Urban and rural infrastructure and public safety facilities may be arranged in combination with planned roads, rivers, afforestation and other public land for reasons of land saving and functional needs.

If urban and rural public service facilities actually need to be arranged in combination with planned roads, rivers, afforestation and other public land, the planning and natural resources authority shall report to the municipal people’s government for approval.

 

  Article 34 The entity in charge of construction shall obtain a planning permit for construction land use within two years from obtaining the site selection opinion; where there is a need for renewal upon expiry, an application shall be submitted to the planning administrative authorities 30 days before the expiry, the site selection opinion may be renewed once upon approval and the renewed period shall not exceed two years. Where the approval for renewal is not granted or the planning permit for construction land use is not obtained within the stipulated period, the site selection opinion shall become void.

  Deleted

  Article 35 Where the State-owned land use right of a development project is provided by way of allocation, the entity in charge of construction shall submit the following materials when applying for a planning permit for construction land use:
  (1) the site selection opinion;
  (2) the approval, verification and approval and filing documents of the construction project;
  (3) the results of the scope of construction land use determined by the mapping unit pursuant to planning requirements and topographic map of stipulated scale drawn according to the results; and
  (4) any other materials provided by laws, regulations and rules.

  Deleted

  Article 36 Where the State-owned land use right is provided by way of assignment, the planning administrative authorities shall suggest the planning criteria based on the regulatory detailed planning prior to the assignment. The planning criteria shall be an integral part of the State-owned land use right assignment contract.

  Deleted

Article 37 Where the State-owned land use right of a construction project is provided by way of assignment, the entity in charge of construction shall submit the following materials when applying for a planning permit for construction land use:

(1) the approval, verification and approval and filing documents of the construction project;

(2) the State-owned land use right assignment contract;

(3) the results of the scope of construction land use determined by the mapping unit pursuant to planning requirements and topographic map of stipulated scale drawn according to the results; and
  (4) any other materials provided by laws, regulations and rules.

  Deleted

  Article 38 The entity in charge of construction shall obtain the land use approval document issued by the land administrative authorities within two years from obtaining the planning permit for construction land use; where there is a need for renewal, an application shall be submitted to the planning administrative authorities 30 days before the expiry, the planning permit for construction land use may be renewed once upon approval and the renewed period shall not exceed two years. Where the approval for renewal is not granted or the land use approval document is not obtained within the stipulated period, the planning permit for construction land use shall become void.

  Deleted

Article 39 An entity in charge of construction of a city or township development project shall present the following materials to apply for a construction project planning permit from the planning administrative authorities:

(1) the relevant proof document for land use;

(2) the approval, verification and approval and filing documents of the development project or the relevant documents;
  (3) materials such as design plan for construction project; the examined preliminary design plan for expansion of construction project shall be submitted for a major urban and rural infrastructure project; the constructive detailed planning shall be submitted for a construction project which requires the entity in charge of construction to formulate constructive detailed planning; and
  (4) any other materials provided by laws, regulations and rules.
  Where an individual urban resident applies for construction, the relevant provisions of the city shall apply.

Article 38 A construction unit that carries out any urban construction project shall apply with the planning and natural resources authority for a construction project planning permit. The planning and natural resources authority shall, within seven days, issue a planning permit for a construction project that meets the requirements of the comprehensive implementation plan.

With respect to any major urban and rural infrastructure project, the construction unit shall submit the approved preliminary design scheme for the expansion of the construction project.

Where an individual urban resident applies for construction, the relevant provisions of the city shall apply.

 

  Article 40 The entity in charge of construction shall obtain a construction project planning permit within two years from obtaining the construction permit of project construction; where there is a need for renewal upon expiry, an application shall be submitted to the planning administrative authorities 30 days before the expiry, the construction project planning permit may be renewed once upon approval and the renewed period shall not exceed two years. The construction project planning permit shall be invalidated if no term extension has been approved or the construction project construction permit has not been obtained within the prescribed time limit.

  Article 39 A construction unit shall obtain the construction project construction permit within two years after obtaining the construction project planning permit. If it is necessary to extend the term, an application shall be submitted to the planning and natural resources authority 30 days prior to the expiration of the term. Upon approval, the term may be extended for a period of no more than two years each time. The construction project planning permit shall be invalidated if no term extension has been approved or the construction project construction permit has not been obtained within the prescribed time limit.

 

  Article 41 Entity in charge of construction or individuals proposing to carry out construction of village and township enterprises, rural public facilities and public utility and centralized housing development for villagers shall apply to the village and township People's Governments in planned rural regions; the village and township People's Governments shall submit the application to the planning administrative authorities for issuance of a planning permit for village construction.
  Administration of planning permit may be implemented for villagers using original homestead in planned rural regions to carry out housing construction for villagers; administration of planning permit shall be carried out on the basis of village planning; administration shall be combined with services and exert the function of villagers committee; the detailed measures shall be formulated by the Municipal People's Government.
  Construction of township enterprises, rural utilities facilities, public welfare undertakings and villagers’ houses shall not occupy agricultural land. If it is really necessary to occupy agricultural land, a construction unit or individual shall go through the approval procedures for the conversion of agricultural land in accordance with the Land Administration Law of the People’s Republic of China, and the planning administration shall issue the rural construction planning permit.
  The construction unit or individual may not go through the approval procedures for the use of land until it has obtained the rural construction planning permit.

Article 40 In the planned rural areas, construction units or individuals shall apply with the township/town people’s government for the construction of township enterprises, rural public facilities, public welfare undertakings and villagers’ concentrated houses. The township/town people’s government shall then apply with the planning and natural resources authority for rural construction planning permits.

In the planned rural areas, villagers shall consult the holders of the right of using neighboring land on the use of homestead for the construction of villagers’ houses, and after deliberation by the villagers committee, the construction shall be reported to the township/town people’s government for approval.

The township/town people’s government shall approve the use of homestead by villagers for residential construction in accordance with village planning. Specific measures shall be formulated by the people’s governments of various districts in the light of the actual conditions.

Construction of township enterprises, rural public facilities, public welfare undertakings and villagers’ houses shall not occupy agricultural land. If it is really necessary to occupy agricultural land, a construction unit or individual shall go through the approval procedures for the conversion of agricultural land in accordance with the Land Administration Law of the People’s Republic of China, and the planning and natural resources authority shall issue the rural construction planning permit.

The construction unit or individual may not go through the approval procedures for the use of land until it has obtained the rural construction planning permit.

 

  Article 42 Where there is a need to carry out development in an existing village outside the planned villages before implementation of planning, the planning administrative authorities shall issue a temporary planning permit for village construction pursuant to the progress of urban construction and the requirements of implementation of planning.

Article 41 In the case of existing villages outside the scope of planned villages where construction is really necessary before the planning implementation, the planning and natural resources authority shall issue a temporary rural construction planning permit according to the urban development process and the needs of the planning implementation.

  Article 43 Where development projects in cities and townships need to occupy land temporarily or develop a temporary project due to construction or development of urban and rural infrastructure, public utilities facilities and public safety facilities, the entity in charge of construction shall apply for a temporary planning permit for construction land use or a temporary construction project planning permit from the planning administrative authorities.
  The validity period of a temporary planning permit for construction land use or a temporary planning permit for construction project shall not exceed two years; where there is a need for renewal upon expiry, the approved period shall not exceed one year.
  The entity in charge of construction shall demolish temporary construction projects and facilities unconditionally according to urban and rural development needs or expiry of temporary use period. The temporary construction projects applied for regarding the construction body project shall be dismantled before the construction body project applies for planning verification.

Article 42 Where an urban construction project requires the temporary occupation of land or the construction of temporary projects for the purpose of construction of urban and rural infrastructure, public service facilities and public safety facilities, a construction unit shall apply with the planning and natural resources authority for the approval document for the temporary construction land or the temporary construction project planning permit.

The term of validity of the approval document for the temporary construction land or the temporary construction project planning permit shall not exceed two years. If it is necessary to extend the term, an application shall be submitted to the planning and natural resources authority prior to the expiration of the term. Upon approval, the term may be extended for a period of no more than one year each time.

Due to urban and rural construction needs or the failure to extend the term of the temporary use period, the construction unit shall unconditionally dismantle the temporary construction projects and facilities. The temporary construction projects applied for regarding the construction body project shall be dismantled before the construction body project applies for planning verification.

  Article 44 The planning administrative authorities shall verify whether a construction project complies with the contents of the planning permit.
  The entity in charge of construction shall not organize acceptance inspection for project completion without planning verification or where the planning verification does not comply with the contents of planning permit, and the property rights registration authorities shall not process property rights registration formalities; illegal development projects shall be dealt with pursuant to the relevant provisions of the laws and these Regulations.

Article 43 Upon completion of a construction project, a construction unit may apply with the relevant authorities for joint completion acceptance of the construction project.

The housing and urban-rural development authority shall, in conjunction with the planning and natural resources, fire protection, civil defense, urban administration, market supervision and administration, water, archives, and transportation authorities, set up a mechanism for joint completion acceptance of construction projects. For a construction project that applies for joint completion acceptance, they shall issue joint acceptance opinions through one-time application, centralized acceptance and unified confirmation. Specific measures shall be formulated by the municipal housing and urban-rural development authority in conjunction with other relevant authorities.

With respect to construction projects which have not applied for joint completion acceptance, the relevant authorities shall independently carry out acceptance of the construction projects in accordance with the law.

The planning and natural resources authority shall not go through the formalities for real estate registration for construction projects that have not been accepted or that have failed the acceptance. Those involving illegal construction shall be dealt with in accordance with laws, administrative regulations and these Regulations.

 

  Article 45 The entity in charge of construction shall hand over complete and accurate project completion records of the construction project to the urban development archives pursuant to the law within six months from acceptance inspection of completed construction project. The project completion records shall include the survey report of the mapping unit.

Article 44 After a construction project passes the completion acceptance, a construction unit shall, in accordance with relevant provisions, hand over the complete and accurate completion files of the construction project to the urban construction archives agency. The completion files shall be attached with the survey reports of the surveying and mapping unit. Electronic completion files are getting popular.

 

  Article 46 Where the approval document for the construction project on which the issuance of planning permit by the planning administrative authorities is based has been cancelled, withdrawn or revoked or the land use right is taken back, the planning administrative authorities shall cancel the corresponding planning permit.

Article 45 Where the documents on the examination, approval and filing of a construction project on the basis of which the planning permit is issued by the planning and natural resources authority are cancelled, withdrawn or revoked, or the land-use right is recovered, the planning and natural resources authority shall cancel the corresponding planning permit.

  Article 47 The use stated in the building ownership certificate shall comply with the type of use determined in the construction project planning permit or planning permit for village construction; the use stated in the administrative permit relating to the use of building issued by the relevant administrative authorities shall be consistent with the use stated in the building ownership certificate.
  Where there is a need to change the type of use of the building, the relevant formalities shall be completed with the original administrative authorities pursuant to the law.

Article 46 The purpose of a construction project as determined by the planning permit shall not be changed without authorization. The purpose recorded in the real estate register shall conform to the purpose specified in the construction project planning permit or the rural construction planning permit. The administrative permit related to the purpose of the premises issued by the relevant authority shall be consistent with the purpose recorded in the real estate register. Where the purpose of the premises involved in the application for administrative permit is inconsistent with that recorded in the real estate register, the relevant authority shall not issue the administrative permit.

If the purpose of a construction project really needs to be changed, such change shall conform to the relevant provisions on the city’s planned purpose control. The authority concerned may go through the relevant approval procedures for the changed purpose according to the law. Specific measures shall be formulated by the municipal people’s government.

  Article 48 Before disposing houses and land rights according to the law, law enforcement authorities shall learn about the relevant planning situation from the planning administration which shall render cooperation.

Article 47 The disposal of houses and land involved in illegal construction shall not impede the investigation and punishment of illegal construction by law enforcement organs.

Before disposing houses and land according to the law, law enforcement organs shall learn about the relevant planning situation from the planning and natural resources authority which shall render cooperation. Where illegal construction is involved, the planning and natural resources authority shall notify law enforcement organs in writing of the disposal of the illegal construction before disposal can be started.

 

Chapter IV Revision of Urban and Rural Planning

 

Before the amendment

After the amendment

Article 49 Urban and rural planning approved according to the law shall not be revised without authorization.

  Where there is a genuine need to revise the urban master plan and the master plans of the central city, new cities, and villages and townships, the revision shall be made pursuant to the statutory procedures and authority; where there is a genuine need to revise the specific region planning, special planning and village planning, the revision shall be submitted for approval pursuant to the original examination and approval procedures.

Article 48 Urban and rural planning approved according to the law shall not be revised without authorization.

Necessary revision to overall urban planning, district planning, or township/town planning shall be carried out in accordance with legal procedures and limits of authority, while necessary revision to specific area planning, special planning or village planning shall be submitted for approval in accordance with the original approval procedures.

 

  Article 50 The agency which organizes formulation of urban master plan shall organize the relevant departments and experts to appraise the status of implementation of master plan every five years, organize demonstration or hearing or any other method to seek public opinions, formulate an appraisal report, and submit the appraisal report and status of collection of opinions to the standing committee of People's Congress at the same level and the original examination and approval authorities.

Article 49 The city shall establish a regular physical examination and evaluation mechanism for urban and rural planning, and revise the implementation of overall urban planning with reference to the results of physical examination and evaluation, in order to ensure scientific implementation of planning.

The formulation authority of overall urban planning shall entrust relevant departments and experts to make annual physical examinations on the implementation of overall urban planning, and to conduct a comprehensive evaluation of the implementation of overall urban planning every five years. The feasibility study meeting, hearing or other means shall be adopted to solicit public opinions. Physical examination and evaluation reports shall be then produced, and shall, together with solicited public opinions, be submitted to the standing committee of the people’s congress at the corresponding level and the original approval authority.

 

  Article 51 In the case of revision of regulatory detailed planning, the agency which organizes formulation of regulatory detailed planning shall demonstrate the necessity of revision, seek the opinions of the stakeholders in the planned region, and submit a special report to the original examination and approval authorities. If the original approval authority approves the revision, the formulation authority may revise regulatory planning and submit it to the original approval authority for approval in accordance with legal procedures. If the revision to regulatory planning involves compulsory contents of the overall planning, the overall planning shall be revised first.

Article 50 In the case of revision to regulatory planning, the formulation authority shall demonstrate the necessity of the revision, solicit opinions from the relevant departments and stakeholders within the planned area, and submit special reports to the original approval authority. If the original approval authority approves the revision, the formulation authority may revise regulatory planning and submit it to the original approval authority for approval in accordance with legal procedures. If the revision to regulatory planning involves compulsory contents of the overall planning, the overall planning shall be revised first.

 

  Article 52 Upon issuance of the site selection opinion, planning permit for construction land use, construction project planning permit or planning permit for village construction, where the revision of urban and rural planning pursuant to the law causes harm to the legitimate rights and interests of the licensee, compensation shall be made pursuant to the law.
  The constructive detailed planning validated pursuant to the law and general layout drawing of design plan for construction project shall not be revised arbitrarily; where there is a genuine need for revision, the urban and rural planning authorities shall seek the opinions of the stakeholders; where the revision causes harm to the legitimate rights and interests of the stakeholders, compensation shall be made pursuant to the law.

Article 51 After the site selection opinions, the construction project planning permit or the rural construction project permit is issued, the licensee shall be compensated according to the law for losses caused to the lawful rights and interests of the licensee due to the revision of the urban and rural planning according to the law.

The attached drawings to the construction project planning permit approved according to the law shall not be revised at will. If the revision is necessary, the urban and rural planning authority shall heed the opinions of the stakeholders. Where the said revision causes losses to the lawful rights and interests of a stakeholder, compensation shall be made according to the law.

 

  Article 53 Where the laws provide that the opinions of the stakeholders shall be sought during the revision of regulatory detailed planning, constructive detailed planning or general layout drawing of design plan for construction project, various forms such as hearing, demonstration, symposium and public display may be adopted.

Article 52 During the revision to regulatory planning or attached drawings to the construction project planning permit, the opinions shall be solicited from stakeholders in accordance with the law when necessary.

 

  Article 54 All types of urban and rural planning of the Municipality shall, upon revision, be announced to the public again.

Article 53 All kinds of urban and rural planning of the city, after being revised, shall be re-announced to the public through fixed places or public media, with the exception of those which shall not be made public according to the provisions of laws and administrative regulations.

 

Chapter V Supervision and Inspection

 

Before the amendment

After the amendment

  Article 55 All levels of People's Governments of the Municipality shall report the status of implementation of urban and rural planning to the standing committee of People's Congress or village and township People's Congress at the same level, and accept supervision.

Article 54 All levels of People's Governments of the Municipality shall report the status of implementation of urban and rural planning to the standing committee of People's Congress or village and township People's Congress at the same level, and accept supervision each year. The standing committee of People's Congress at all levels or village and township People's Congress shall make corresponding resolutions and decisions on the planning level at the same level in line with the needs.


Article 55 Major construction projects listed in the urban-rural planning shall be submitted to the standing committee of People’s Congress at the same level for deliberation.

 

Article 58 The municipal planning administrative authorities shall formulate and improve upon the relevant standards, procedures and requirements for formulation and administration of urban and rural planning of the Municipality, and strengthen guidance for formulation and administration of planning of the village and township People's Governments.

Article 56 The municipal authority for natural resource planning shall formulate and improve upon the relevant standards, procedures and requirements for formulation and administration of urban and rural planning for the Municipality, and strengthen guidance for formulation and administration of planning for the village and township People's Governments.

 

Article 59 The planning administrative authorities shall strengthen supervision and inspection of activities carried out by the planning formulation units and designing units which relate to urban and rural planning.
  The planning administrative authorities shall supervise and inspect construction projects.
  Units and persons subject to supervision and inspection shall actively cooperate, report the relevant information truthfully and provide the necessary materials, and shall not obstruct and hinder supervision and inspection activities carried out pursuant to the law.

Article 57 The competent authority for natural resource planning shall establish and improve the service and supervision mechanism in the whole process of implementation planning for construction projects, actively follow up the service, understand the construction situation and coordinate the solution of related problems; strengthen supervision over the examination of construction drawings and design documents, the conformity of construction projects with planning and the performance of land transfer contracts, and promptly inform relevant competent authorities of the situation, so as to realize the sharing of supervision information.


Article 58 The municipal government shall clarify division of responsibilities in investigating and dealing with illegal construction among the competent authority for natural resource planning, the comprehensive administrative law enforcement authority for urban administration, the township/town people’s governments or sub-district offices.

In investigating and dealing with illegal construction, subdistrict offices may carry out comprehensive law enforcement in accordance with the relevant provisions of the State and the Municipality, and exercise relatively centralized administrative punishment powers in accordance with the relevant legal provisions.

 

Article 56 The Municipality shall establish a joint mechanism for planning supervision, administrative enforcement and administrative supervision and an information sharing mechanism for investigation and punishment of illegal construction projects, and strengthen supervision and inspection of urban and rural planning work and investigation and punishment of illegal construction projects.
  The Municipal People's Government shall specify the detailed tasks and goals in planning, supervision and inspection of the district and county People's Governments and the relevant departments of the Municipal People's Government, and strengthen coordination of supervision and inspection of urban and rural planning.

Article 59 The Municipal People's Government shall specify the detailed tasks and goals in planning, supervision and inspection of the district People's Government and the relevant departments of the Municipal People's Government, and strengthen coordination of supervision and inspection of urban and rural planning.

 

  Article 56 The Municipality shall establish a joint mechanism for planning supervision, administrative enforcement and administrative supervision and an information sharing mechanism for investigation and punishment of illegal construction projects, and strengthen supervision and inspection of urban and rural planning work and investigation and punishment of illegal construction projects.
  The Municipal People's Government shall specify the detailed tasks and goals in planning, supervision and inspection of the district and county People's Governments and the relevant departments of the Municipal People's Government, and strengthen coordination of supervision and inspection of urban and rural planning.

Article 60 The Municipal People’s Government shall establish a linkage mechanism between law enforcement authorities and relevant competent authorities and an information sharing mechanism for investigation and punishment of illegal construction projects, and strengthen supervision and inspection of urban and rural planning work and investigation and punishment of illegal construction projects.

 

  Article 57 The Municipality shall establish an accountability system for controlling illegal construction projects and performance appraisal system. The district and county People's Governments and the village and township People's Governments shall be responsible for controlling illegal construction projects within their administrative region. The higher-level People's Governments shall strengthen supervision and inspection of illegal construction projects implemented by the lower-level People's Governments and performance appraisal.

Article 61 The Municipality shall establish an accountability system for controlling illegal construction projects and performance appraisal system. The district People’s Government and the village and township People's Governments shall be responsible for controlling illegal construction projects within their administrative region. The higher-level People's Governments shall strengthen supervision and inspection of illegal construction projects implemented by the lower-level People's Governments and performance appraisal.

 

  Article 61 Sub-district offices shall curb illegal construction acts within their jurisdiction, and cooperate with the planning administrative authorities or the relevant enforcement departments or authorities, determined by the Municipal People's Government for actions.
  Residents’ committees, villagers’ committees and property service enterprises shall have the right to curb illegal construction acts found within their jurisdiction, and promptly report to the planning administrative authorities, the relevant enforcement departments or authorities determined by the Municipal People's Government or the village and township People's Governments.

Article 62 The village and township People's Governments or sub-district offices shall inspect the construction within their respective jurisdiction. If illegal construction activities are found, they shall be stopped and dealt with according to law.

If the residents’ committee, the property owners’ committee, the villagers’ committee and the property service enterprises find any illegal construction activities in the region, they shall dissuade them and report them to the neighborhood sub-district offices, the township people's government or other law enforcement authorities.

 


Article 63 Law enforcement authorities have the right to request relevant units and individuals to provide relevant information, explain the relevant situation, enter or seal up the scene, seize tools, and order the cessation of illegal acts.

When law enforcement authorities perform the duties of supervision and inspection, units and persons subject to supervision and inspection shall actively cooperate, report the relevant information truthfully and provide the necessary materials, and shall not obstruct and hinder supervision and inspection activities carried out pursuant to the law.

 

  Article 60 The entity in charge of construction shall publicize the construction project planning permit, appendixes and drawings at the construction site, so as to facilitate public access and accept social supervision. Except for those that shall not be published under the provisions of law or administrative regulations.

Article 64 The entity in charge of construction shall publicize the construction project planning permit, temporary construction project planning permit, rural construction project planning permit, temporary rural construction project planning permit, appendixes and drawings at the construction site, so as to facilitate public access and accept social supervision. Except for those that shall not be published under the provisions of law or administrative regulations.

 


Article 65 Municipal public utilities providers shall inspect the planning license or real estate registration certificate of construction projects when handling the service procedures of water supply, power supply, gas supply, heat supply and communication. No corresponding services shall be provided for those without the planning license or real estate registration certificate; no municipal public service unit or other unit shall provide water or electricity for construction projects without planning license.

Municipal public utilities providers shall take reasonable measures to rectify those who have gone through relevant service procedures or provided services without the planning permits or real estate registration certificates.

 


Article 66 Where illegal construction is used as a business site, the competent authorities concerned shall not issue relevant certificates.

If the law enforcement authority makes a decision to order a correction within a time limit or to dismantle within a time limit, it shall notify the competent authority for natural resource planning to suspend the formalities of real estate registration; if the party concerned makes a correction, it shall promptly notify the competent authority for natural resource planning.

 


Article 67 In the course of investigating and dealing with illegal construction, the law enforcement authority shall notify the parties involved in illegal construction to clean up items in illegal construction if they have been sealed up or demolished by force. If the concerned party refuses to clear, a list of items shall be made and the party involved in the illegal construction shall sign and confirm it. If the parties involved in illegal construction fail to sign, the list may be confirmed by the neighborhood and village committees of the place where the illegal construction is located. If the seizure is carried out, the items shall be sealed up together; if the compulsory demolition is carried out, the law enforcement authority shall deliver the items to the designated place, return them to the party involved in the illegal construction. If the party involved in the illegal construction refuses to accept them, the law enforcement authority may dispose of them properly according to the actual situation after retaining the evidence.

If the law enforcement authority makes a decision on compulsory demolition, it shall inform the party involved in illegal construction, and the residual value of illegal construction after demolition shall be declared in writing before compulsory demolition and disposed of by itself within a limited period of time. If the party involved in illegal construction has not made a written statement in advance or has made a written statement in advance but has not been disposed of the residual value of illegal construction within a limited time limit, the law enforcement authority may clean it up.

 


Article 68 Law enforcement authority shall share the cases where the parties involved in illegal construction are subjected to administrative punishment or compulsion to the public credit information platform of the Municipality. Administrative organs may take disciplinary measures as per the public credit information management regulations of this Municipality.

 


Article 69 Law enforcement authority shall implement the public announcement system of administrative law enforcement, the system of recording the whole process of law enforcement and the system of legal examination and verification of major law enforcement decisions in the implementation of supervision, inspection and investigation of illegal construction.

Law enforcement authorities should publicize basic information and result of administrative law enforcement to the public through government websites and platforms such as new media of government affairs, public bulletin boards of office halls and service windows; when carrying out supervision and inspection, the law enforcement personnel should show their law enforcement certificates on their own initiative and show their identities to the parties and relevant personnel.

Law enforcement authorities shall record the whole process of administrative law enforcement, such as the initiation, investigation and evidence collection, examination and decision, service and execution, record the whole process of sealing up or compulsory demolition, improve the management system of law enforcement files, file and preserve the records of the whole process of law enforcement in accordance with relevant laws, regulations and archives management regulations.

  Article 62 The planning administrative authorities, the relevant enforcement departments or authorities determined by the Municipal People's Government or the village and township People's Governments or other relevant authorities shall announce reporting hotlines, and shall promptly and completely record reports relating to illegal construction projects and keep such records properly. Where a report falls under the scope of duties of the department, it shall be promptly accepted, and shall be verified, handled and responded pursuant to the law; where a report does not fall under the scope of duties of the department, it shall be forwarded to the department which has the right to handle the matter, and the complainant shall be notified.

Article 70 The Municipality encourages the public to report illegal construction activities. Law enforcement authorities shall announce the telephone and other reporting methods. If units and individuals report illegal construction activities, the authorities shall keep timely and complete records and keep them properly. Where a report falls under the scope of duties of the department, it shall be promptly accepted, and shall be verified and handled pursuant to the laws, regulations, provisions of the State and the Municipality; and the complainant shall be notified. Where a report does not fall under the scope of duties of the department, it shall be forwarded to the department which has the right to handle the matter, and the complainant shall be notified.

Law enforcement authorities and their staff members shall keep secret for the complainant.


Article 71 The supervision and inspection of implementing urban and rural planning shall be made public according to law for public inspection and supervision.

Law enforcement authorities shall investigate and announce illegal construction, release information on law enforcement authorities, law enforcement targets, law enforcement categories and law enforcement conclusions to the public within 20 working days from the date of making law enforcement decisions, and accept public supervision.

 

 

Chapter VI Legal Liability

 

Before the amendment

After the amendment

  Article 63 Where the laws and regulations have provisions for violations of the provisions of these Regulations, such provisions shall apply.

Article 72 Where the laws and administrative regulations have provisions for violations of the provisions of these Regulations, such provisions shall apply.

 

  Article 64 Where all levels of People's Governments of the Municipality and their planning authorities and other relevant administrative authorities have committed any of the following acts, the higher-level administrative authorities or supervision authorities shall order that correction be made and circulate a notice of criticism pursuant to the law, and the person-in-charge who is directly accountable and other directly accountable personnel shall be subject to punishment pursuant to the law:
  (1) failure to organize formulation of urban and rural planning which is required to be formulated pursuant to the law, or failure to formulate, examine and approve or revise urban and rural planning pursuant to statutory procedures;
  (2) act ultra vires in issuing a site selection opinion, planning permit for construction land use, temporary planning permit for construction land use, construction project planning permit, temporary construction project planning permit, planning permit for village construction or temporary planning permit for village construction;
  (3) failure to issue a site selection opinion, planning permit for construction land use, temporary planning permit for construction land use, construction project planning permit, temporary construction project planning permit, planning permit for village construction or temporary planning permit for village construction to an applicant which satisfies the statutory criteria within the statutory period;
  (4) issuance of approval document for a construction project to a construction project which has not obtained a site selection opinion pursuant to the law;
  (5) failure to determine the planning criteria in a State-owned land use right assignment contract pursuant to the law or alter the planning criteria in a State-owned land use right assignment contract which have been determined pursuant to the law;
  (6) failure to seek the opinions of the stakeholders pursuant to the law before consenting to revision of constructive detailed planning or general layout drawing of design plan for construction project; or
  (7) failure to investigate or deal with a report pursuant to the law upon discovery of acts of failure to obtain a planning permit pursuant to the law or construction projects which are carried out in violation of the provisions on planning permit.

Article 73 Where all levels of People's Governments of the Municipality and the competent authority for natural resource planning and other relevant competent authorities have committed any of the following acts, the higher-level administrative authorities shall order that correction be made and circulate a notice of criticism pursuant to the law, and the person-in-charge who is directly accountable and other directly accountable personnel shall be subject to punishment pursuant to the law:

(1) failure to organize formulation of urban and rural planning which is required to be formulated pursuant to the law, or failure to formulate, examine and approve or revise urban and rural planning pursuant to statutory procedures;

(2) act ultra vires in issuing a site selection opinion, planning permit for development land use, temporary approval documents for construction land use, construction project planning permit, temporary construction project planning permit, planning permit for village construction or temporary planning permit for village construction;

(3) failure to issue a site selection opinion, temporary approval documents for construction land use, construction project planning permit, temporary construction project planning permit, planning permit for village construction or temporary planning permit for village construction to an applicant which satisfies the statutory criteria within the statutory period;

(4) issuance of approval document for a construction project to a construction project which has not obtained a site selection opinion pursuant to the law;

(5) failure to seek the opinions of the stakeholders pursuant to the law before consenting to revision of design plan for construction project planning permit; or

(6) failure to investigate or deal with a report pursuant to the law upon finding any failure to obtain a planning permit pursuant to the law or construction projects which are carried out in violation of the provisions on planning permit.

(7) Where the purpose of the premises involved in the application for administrative permit is inconsistent with that recorded in the real estate register, the administrative permit is issued.

The municipal public utilities providers that provide public utilities services for illegal construction in violation of regulations and refuse to make corrections shall be ordered by relevant competent authorities to make corrections and circulate criticisms according to laws, and clues concerning suspected duty violations or duty crimes shall be forwarded to the supervisory organs for handling according to law.

 


Article 74 For illegal construction under construction or excavation, the law enforcement authorities shall instruct the parties involved in illegal construction to stop construction immediately, dismantle or fill back by themselves, and may seal up the illegal construction site and seize the illegal construction tools and materials. If a party refuses to stop construction or refuses to demolish or fill back, the law enforcement authorities shall immediately force demolition or fill back according to laws.

 

  Article 65 Where illegal acts which are provided by this Chapter to be handled by the planning administrative authorities are handled by the relevant enforcement departments or agencies determined by the Municipal People's Government, the matter shall be dealt with pursuant to the provisions of the Municipal People's Government.

  Deleted

Article 66Where a city or township development project is carried out without obtaining a construction project planning permit or where a city or township construction project is not carried out in accordance with the construction project planning permit, the planning administrative authorities shall order such construction to be halted; where corrective measures may be adopted to eliminate the impact on implementation of planning, the entity in charge of construction shall be ordered to make correction within a stipulated period and be subject to a fine ranging from 5% to 10% of the total costs of the construction project; where it is impossible to adopt corrective measures to eliminate the impact, such entity shall be ordered to demolish the construction project within a stipulated period; where the construction project cannot be demolished, in-kind or illegal revenue shall be confiscated and a fine of not more than 10% of the total costs of the construction project shall be imposed.
  Where the parties concerned do not stop development or failed to demolish the construction project within the stipulated period after the planning administrative authorities have made a decision to order cessation of construction or demolition of construction project within the stipulated period, the Municipal People's Government or the district or county People's Government may order the relevant authorities to adopt measures such as sealing up the construction site and mandatory demolition.
  Where the planning administrative authorities are unable to determine the entity in charge of construction or owner or manager of the construction project, a public announcement may be made via public media or at the location of the construction project to supervise the entity in charge of construction or owner or manager to accept actions taken pursuant to the law; and the duration of such public announcement shall not be less than 15 days. Upon expiry of the duration of public announcement, where the planning administrative authorities are still unable to determine the entity in charge of construction or owner or manager or where such entity or owner or manager refuses to accept actions taken, the construction project shall be subject to mandatory demolition or confiscation upon approval by the Municipal People's Government or the district or county People's Government.

Article 75 Where a construction project is carried out without obtaining a construction project planning permit or where a construction project is carried out in violation of the planning permit, the law enforcement authorities shall order to rectify and a fine in a range 5%-10% of the total costs of the construction project will be imposed if corrective measures may be adopted to eliminate the impact on implementation of planning. Where it is impossible to adopt corrective measures to eliminate the impact, the entity in charge of construction shall be ordered to demolish the development project within a stipulated period; where the development project cannot be demolished, in-kind or illegal revenue shall be confiscated and a fine of not more than 10% of the total costs of the construction project shall be imposed.

Measures for disposal of confiscated illegal construction objects shall be formulated by the municipal competent authority for natural resource planning in conjunction with the municipal financial department.

The illegal income referred to in the first paragraph of this article shall be calculated according to the proceeds from the sale of illegal construction. If the price of unsold or sold illegal construction is significantly lower than that of the surrounding real estate market of the same type, the law enforcement authority shall employ an evaluation agency to evaluate and determine the price by reference to the surrounding real estate market of the same type.

 



  Article 67 Where a temporary city or township construction project is carried out without obtaining a temporary construction project planning permit or where a temporary city or township construction project is carried out in violation of the temporary construction project planning permit or where demolition is carried out beyond the stipulated period, the planning administrative authorities shall order the construction project to be demolished within the stipulated period, and may impose a fine of not more than one time of the total costs of the construction project.

Article 76 Where a temporary city or township construction project is carried out without obtaining a temporary construction project planning permit or where a temporary city or township construction project is carried out in violation of the temporary construction project planning permit or where demolition is carried out beyond the stipulated period, the competent authority for natural resource planning shall order the construction project to be demolished within the stipulated period, and may impose a fine of not more than one time of the costs of the construction project.

 

  Article 68 Where a construction project is carried out without obtaining a planning permit for village construction or temporary planning permit for village construction required by these Regulations pursuant to the law or where a construction project is carried out in violation of the planning permit for village construction or temporary planning permit for village construction, or where housing construction for villagers is carried out by farmers using original homestead in violation of administration of planning permit, the village and township People's Governments shall order such construction to be halted and correction to be made within a stipulated period; where correction is not made within the stipulated period, the matter shall be dealt with pursuant to the urban and rural planning law and the relevant provisions of the Municipal People's Government.

Article 77 If the use of residential land for the construction of villagers’ houses without approval conforms to the plan of the village, the people's government of the township or town shall order it to go through the procedures for examination and approval; if it does not conform to the plan of the village, it shall be ordered to demolish it within a time limit; if there is rental income, the rental income shall be confiscated and a fine of twice the rental income shall be imposed.

 


Article 78 If the law enforcement authority orders the parties involved in illegal construction to dismantle or fill back within a time limit, and the parties involved in illegal construction do not dismantle or fill back within the time limit, the law enforcement authority shall urge the parties to fulfill their obligations according to laws. If, after being urged, the parties still fail to perform within the time limit, the law enforcement authority shall implement such measures as compulsory demolition and backfilling according to laws. Where illegal construction is demolished or backfilled, safety appraisal shall be conducted.

If the law enforcement authority is unable to determine the party involved in the illegal construction, it may issue a public notice in the public media or the place where the construction project is located, urge the party involved in the illegal construction to accept the actions taken according to law, order the party concerned to dismantle the illegal construction within a time limit, and inform that if the party fails to dismantle the illegal construction within the time limit, the law enforcement authority shall implement the compulsory dismantling according to laws, and the duration of public announcement shall not be less than 10 days. If no administrative reconsideration or lawsuit is brought within six months after the expiration of the announcement period, it shall be demolished or confiscated by force according to laws.

 


Article 79 Where the law enforcement authorities investigate and punish illegal construction and conform to the statutory situation of performance on behalf of others, they shall comply with the provisions of the Administrative Compulsion Law of the People's Republic of China.

 


Article 80 The expenses for compulsory demolition or backfilling of illegal construction and its safety appraisal, the expenses for clearing, transporting and disposing construction waste, and the expenses for keeping related items shall be borne by the parties involved in the illegal construction. If the party fails to pay the overdue payment, the law enforcement authority may impose a fine for overdue payment according to laws.

If the administrative organ imposes an additional late fee for more than 30 days and the party concerned is still not performing after being urged to do so, the administrative organ shall apply to the people's court for compulsory execution in accordance with the laws.

 

  Article 70 Where a designer provides construction drawings for a construction project which has not obtained a construction project planning permit, planning permit for village construction or temporary planning permit for village construction, or failed to provide construction drawings pursuant to the construction project planning permit, planning permit for village construction or temporary planning construction for village development, the planning administrative authorities shall issue a warning; illegal revenue shall be confiscated; where the case is serious, the entity in charge of construction may be ordered to suspend operation for rectification or its qualification will be degraded, and a fine ranging from RMB100,000 to RMB300,000 shall be imposed; directly accountable personnel shall be given a warning, and a fine ranging from RMB5,000 to RMB50,000 shall be imposed; the qualification certificate of the registered architect and other professional technicians may be revoked and registration may not be granted within five years.

Article 81 Where a design unit provides construction design drawings for a construction project without the planning permit, or fails to provide construction design drawings as per the planning permit, the competent authority for natural resource planning will give a warning and fine RMB100,000-RMB200,000; where the case is serious, the entity in charge of construction may be ordered to suspend operation for rectification or its qualification will be degraded, and a fine ranging from RMB200,000 to RMB500,000 shall be imposed, and give a warning to the person directly responsible and a fine ranging from RMB5,000 to RMB50,000 shall be imposed; the qualification certificate of the registered architect and other professional technicians may be revoked and registration may not be granted within five years.

 


Article 82 If an entity undertaking construction projects fails to construct in accordance with the standard construction drawings and design documents, or undertakes a construction project without the planning permit, the competent housing and urban and rural construction authorities shall impose a fine of more than 2% and less than 4% of the project contract value. If the circumstances are serious, such entity shall be ordered to suspend operations for rectification, lower its qualification levels or revoke its qualification certificates.

 

  Article 69 Where the entity in charge of an urban residential construction project fails to develop infrastructure and public utilities facilities in a timely manner, the planning administrative authorities may refuse to conduct planning verification for the completed development project, and may temporarily suspend issuance of construction project planning permit for any other projects of such construction project.

Article 83 If an entity in charge of urban residential construction projects fail to construct infrastructure and public utilities in accordance with the regulations, the competent authority for natural resource planning shall order them to make corrections within a time limit. A fine of not less than 5% but not more than 10% of the construction cost shall be imposed; if failed to rectify within the time limit, a fine of not less than 1 time but not more than 2 times of the construction cost shall be imposed.

If the supporting infrastructure and public utilities of urban residential construction projects are failed to be handed over in accordance with the relevant regulations, the competent authorities shall order them to be handed over within a time limit; if they fail to do so within the time limit, they shall be recalled directly, and a fine of not more than 5% but not more than 10% of the project cost for the parts not handed over shall be imposed.

 


Article 84 After the construction project is put into use, if the entity in charge of construction or project owner changes the use of the land without authorization in violation of the municipal planning, the competent authority for natural resource planning shall order the parties concerned to make corrections within a time limit and impose a fine of twice the amount of the price of the land use right in line with the type of actual use; if the circumstances are serious, the land use right shall be recalled for free according to laws.

 

  Article 71 If the entity or individual in charge of urban construction projects fails to publicize the planning permits, appendixes and drawings of construction projects at the construction site in accordance with the regulations, the relevant law enforcement departments or authorities determined by the Municipal People's Government shall order them to make corrections within a time limit, and may also impose a fine of not less than RMB5,000 but not more than RMB10,000.

Article 85 If the entity or individual in charge of urban construction projects fails to publicize the construction project planning permit, temporary construction project planning permit, rural construction project planning permit and temporary construction project planning permit, and their appendixes and drawings, the relevant law enforcement authorities determined by the Municipal People's Government shall order them to make corrections within a time limit, and may also impose a fine of not less than RMB5,000 but not more than RMB10,000.

 


Article 86 Any individual who obstructs the law enforcement authorities from performing their duties according to law or conceals, transfers, sells or damages the seized or seized property in the course of supervision and inspection by law enforcement authorities shall be punished in accordance with the provisions of the Public Security Administration Punishments Law of the People's Republic of China.

 


Article 87 If a party involved in illegal construction fails to pay a fine within the time limit after being fined, the law enforcement authority may impose a fine of 3% of the amount of the fine on a daily basis.

If the party involved in illegal construction does not apply for administrative reconsideration or initiate administrative litigation within the legal time limit and does not pay a fine, the law enforcement authority may apply to the people's court for compulsory execution according to law.

 


Article 88 If the law enforcement authority applies to the people's court for compulsory execution, the people's court shall make a ruling according to law, and may issue a consumption restriction order according to law, and include the party involved in the list of dishonest persons subject to enforcement.

 

  Article 72 An entity in charge of construction or an individual carrying out a construction project which causes harm to the legitimate rights and interests of citizens, legal persons and other organizations shall bear the corresponding civil liability pursuant to the law.

Article 89 An entity in charge of construction or an individual carrying out a construction project which causes harm to the legitimate rights and interests of citizens, legal persons and other organizations shall bear the corresponding civil liability pursuant to the law. Where illegal construction damages the ecological environment and the protection of resources and other social and public interests, the organs and relevant organizations prescribed by law may institute civil public interest litigation against the parties concerned in accordance with the law and investigate their liability for damages.

 


Article 90 If the municipal or district people's governments and relevant competent departments find that public officials are suspected of duty-related violations or crimes in the course of implementing these Regulations, they shall be forwarded to the supervisory organs for handling according to laws.

If a person violates the provisions of these Regulations and is suspected of constituting other criminal offences, the law enforcement authorities shall forward the suspected criminal cases to the public security organ and investigate the criminal responsibility according to laws.

 

 

Chapter VII Supplementary Provisions

 

Before the amendment

After the amendment

  Article 73 Various construction projects referred to in these Regulations shall mean construction, conversion, expansion or upgrading of various buildings and structures and urban and rural municipal and transportation projects.
  Exterior renovation of the existing buildings on major avenues, in historical and cultural districts and in designated regions stipulated by the Municipal People's Government shall be dealt with by reference to the construction projects.

Article 91 Various construction projects referred to in these Regulations shall mean construction, conversion, expansion or upgrading of various buildings and structures and urban and rural municipal and transportation projects.

Exterior renovation of the existing buildings on major avenues, in historical and cultural districts and in designated regions stipulated by the Municipal People's Government shall be dealt with by reference to the construction projects.

 


Article 92 Illegal construction referred to in these Regulations includes illegal construction in cities and towns and illegal construction in villages. Illegal urban construction refers to urban construction projects that have not obtained construction project planning permit, temporary construction project planning permit or have not been built in accordance with the permit, as well as urban temporary construction projects that have not been demolished within the time limit. Rural illegal construction refers to rural construction projects that should be obtained but not obtained the rural construction planning permit, temporary rural construction planning permit or not built according to the permit.

The parties involved in illegal construction referred to in these Regulations include entity in charge of construction, entity undertaking construction projects, owners or administrators of illegal construction.

 

  Article 74 These Regulations shall be effective 1 October 2009. The Regulations of Beijing Municipality on Urban Planning passed by the 35th Session of the Standing Committee of the Ninth Beijing Municipal People's Congress on July 24, 1992 shall be repealed simultaneously.

Article 93 These Regulations shall be effective as of April 28, 2019.

 

 

Announcement No.12-Regulations on Urban and Rural Planning of Beijing

Comparison between Before and After Amendment to Regulations on Urban and Rural Planning of Beijing