Regulations of Beijing Municipality on Urban and Rural Planning

• Area of Law： Construction Industry
• Level of Authority： Provincial Local Regulations
• Date issued：05-22-2009
• Effective Date：10-01-2009
• Status： Effective
• Issuing Authority： Beijing Municipal People's Congress (incl. Standing Committee)

Regulations of Beijing Municipality on Urban and Rural Planning
(Adopted at the 11th Meeting of the Standing Committee of the 13th People's Congress of Beijing Municipality on May 22, 2009; Announcement No. 4 of the Standing Committee of the People's Congress of Beijing Municipality)
Contents
Chapter I General Provisions
Chapter II Formulation of an Urban and Rural Plan
Chapter III Implementation of an Urban and Rural Plan
Chapter IV Modification of an Urban and Rural Plan
Chapter V Supervision and Inspection
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 These Regulations are formulated for the purposes of bringing to success the work of urban and rural planning of this Municipality, adjusting the layout of urban and rural spaces, improving the environment for people's living and development, and promoting the all round coherent and sustainable development of the economy, society, population, resources and environment in accordance with the Law of the People's Republic of China on Urban and Rural Planning and in light of the actual circumstances of this Municipality.
Article 2 The whole administrative area of this Municipality is covered by planning.
These Regulations shall apply to the formulation, implementation, modification, supervision and inspection of the urban and rural plans of this Municipality and the relevant construction activities in urban and rural areas.
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 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 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 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 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 work of urban and rural planning is an important responsibility of the people's governments at various levels. The Municipal People's Government shall take the leadership in the work of urban and rural planning in this Municipality. 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. The people's governments at the town or township level shall be responsible for the work of urban and rural planning within their own administrative areas according to the prescribed powers. 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 bring to success the work 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 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 This Municipality shall intensify the development of the data base 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 The urban and rural plans approved according to law shall provide the basis for administration of urban and rural development and planning. Various construction activities shall be conducted in compliance with the urban and rural plans approved according to law.
Article 11 All units and individuals shall keep to the urban and rural plans which are published upon approval according to law and submit to administration of the plans.
All units and individuals shall have the right to give opinions and suggestions on the formulation, implementation, modification, supervision and inspection of the urban and rural plans and inquire of the competent administrative departments for planning whether a construction activity which involves their interests is in compliance with the requirements of the planning. 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 units 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.
Chapter II Formulation of an Urban and Rural Plan
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.
Article 13 This Municipality shall take charge of the formulation of urban and rural plans in a planned way.
The various urban and rural plans shall be formulated on the basis of the plans at the superior level. 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 14 Laws, regulations, rules, and the technical standards and regulations of the State and this Municipality shall be followed and the principles of organization by government, leading by experts, cooperation among departments, participation by the public and scientific policy-making shall be stuck to in the formulation of urban and rural plans.
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 units shall actively render cooperation in the formulation of urban and rural plans and provide relevant materials to explain the status quo and needs for development in accordance with provisions.
Article 15 The urban and rural plans shall be formulated under the charge in accordance with the following provisions:
(1) The overall plan of this Municipality shall be formulated under the charge of 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 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 opinions of the component members of the standing committees or deputies formed after deliberation shall be submitted to the people's governments at the same level for consideration 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.
A village plan of shall, before it is submitted for examination and approval, be presented to the meeting of villagers or that of the villagers' representatives for discussion and consent according to law.
Article 17 The urban and rural plans shall be examined, approved and submitted for the 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 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 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.
Chapter III Implementation of an Urban and Rural Plan
Article 20 The Municipal People's Government shall, in light of the economic and social development of this Municipality, draw up a short-term construction plan and organize the implementation of urban and rural plans step by step in a planned way so as to direct the Municipality to develop in a healthy and orderly manner.
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 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 program shall be compatible with the annual investment program and annual land supply program, specify the main contents of the annual implementation of the plan, arrange the construction of important infrastructures, public service facilities, public security facilities and the resident houses for residents with moderate and low income in urban and rural areas in an overall way.
Article 22 The people's governments at the district or county level or the competent administrative department for planning at the municipal level may take charge of the formulation of detailed construction plans of key areas and urban design guidelines on the basis of the detailed control plans to guide the construction. Those that are formulated under the charge of the people's governments at the district or county level shall be examined by the competent administrative department for planning at the municipal level; those 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.
Article 23 This Municipality adopts the planning permission system according to law. All land for construction and construction projects shall conform to the urban and rural plans and be subject to the permit for planning.
Certificates of permit for planning include the written proposal on the choice of location, the permit for planned use of land for construction, the permit for a planned construction project, the permit for planned rural construction and the corresponding temporary permit for planning.
Urban construction projects shall be carried out according to the contents permitted in the permit for planned construction projects or the temporary permit for planned construction projects; rural construction projects shall be carried out according to the contents permitted in the permit for planned rural construction or the temporary permit for planned rural construction.
Article 24 The unit or individual owning the land use right according to law may inquire the competent administrative department for planning about the conditions for planning with the land use certificate or relevant ownership certifying documents. Where the current nature of land use is in compliance with the use registered in the land use certificate or relevant ownership certifying documents and the planned nature of land use, the land may be treated as the own land for use in the application for construction.
Where construction is applied by an applicant with the land use right according to law but not in compliance with the conditions prescribed in the first paragraph, the matter shall be handled in accordance with the relevant provisions on urban and rural planning, land administration and qualification administration of developing units.
Article 25 The conditions for planning shall be proposed according to the detailed control plans or village plans and conform to the provisions of laws, regulations and rules as well as the relevant technical provisions on planning administration.
Article 26 The planning conditions for urban residential construction projects shall specify the infrastructures and public service facilities that are to be constructed simultaneously and the detailed schedule of construction, which shall constitute the contents of the contracts on transfer of the right to use State owned land or the basis for land allocation.
The developing units of urban residential construction projects shall simultaneously construct the infrastructures and public service facilities according to the provisions of the contracts on transfer of the right to use State owned land or the documents for land allocation.
Article 27 After the detailed construction plans or designed schemes of the construction projects within the scope of land use right are formulated according to the conditions for planning under entrustment, the developing units may apply for planning examination. The competent administrative departments for planning shall, upon application, provide opinions on the technical examination of the planning and technical services such as consultation on planning information.
Article 28 The developing units of major urban and rural infrastructures shall take charge of the formulation of expanded preliminary design programs for the construction projects on the basis of the designed schemes of the projects.
The competent administrative department for planning and that of development and reform at the municipal level shall organize relevant departments to examine the expanded preliminary design programs for the construction projects of major urban and rural infrastructures.
Article 29 The designing units shall undertake the designing tasks according to the prescribed level of qualification and business scope.
The designed schemes for construction projects shall be formulated according to laws, regulations, rules, conditions for planning as well as the regulations and standards on designing of the State and this Municipality. The construction drawings of construction projects shall conform to the contents approved in the permit for planned construction projects or the permit for planned rural construction.
Article 30 Where a construction project is arranged to be constructed on the public land along roads, railways, track traffic lines, river channels, greenbelts, etc., the developing unit shall, as an agent, expropriate the public land above mentioned according to the relevant provisions of this Municipality.
Article 31 Before implementing the land reserve, the land reserve institutions of this Municipality shall inquire the competent administrative department for planning about the conditions for planning of relevant land. The competent administrative departments for planning shall provide written conditions for planning as the component part of the documents for authorization and approval on land reserve.
The units undertaking the land reserve tasks shall apply to the competent administrative departments for planning for relevant permits for planning with the documents for authorization and approval on land reserve.
Article 32 For a construction project which is subject to approval or verification by the relevant department, as is required by State regulations, if the right to use of State owned land is extended through allocation, the developing unit shall, before submitting the project to the relevant department for approval or verification, apply to the competent administrative department for planning for issue of a written proposal on the choice of location with the following materials:
(1) an application for the choice of location containing explanations on the nature, scale of construction and intended location of the project;
(2) relevant documents certifying that the construction project which is subject to approval or verification by the relevant department and the right to use of State owned land is obtained through allocation;
(3) documents of approval from the relevant department agreeing the applicant to act as the developing unit of the project;
(4) the topographic map in prescribed scale with the scope of the land for the planned construction project marked on it; and
(5) other materials provided for in laws, regulations or rules.
A written proposal on the choice of location is not needed for construction projects other than the ones provided for in the preceding paragraph.
Article 33 The choice of location for a construction project shall enable an economical and intensive use of land and a reasonable and concentrated layout. Where a construction project has to maintain a certain distance from other projects for reasons such as safety, confidentiality, environment protection and hygiene, a separate location may be chosen.
The choice of location within the scope of the planned land for urban construction shall conform to the relevant provisions of the State on the supply of State owned land.
The urban and rural infrastructures and public security facilities may be arranged in combination with the land planned for public use such as roads, river channels and greenbelts for reasons such as land saving and functional requirements.
Where the rural and urban public service facilities truly need to be arranged in combination with the land planned for public use such as roads, river channels and greenbelts, the competent administrative department for planning shall report the matter to the Municipal People's Government for approval.
Article 34 A developing unit shall obtain the permit for planned use of land for construction within two years after obtaining the written proposal on the choice of location; where an extension is needed at the expiration of the proposal, an application shall be submitted to the competent administrative department for planning at least 30 days prior to the expiration and upon approval one extension may be granted with a period not longer than two years. Where the application for extension is not approved or the permit for planned use of land for construction is not obtained within the prescribed time limit, the written proposal on the choice of location shall become invalid.
Article 35 If the right to use of State owned land is extended through allocation for a construction project, the developing unit shall submit the following materials when applying for a permit for planned use of land for construction:
(1) a written proposal on the choice of location;
(2) the documents certifying the construction project is approved, verified or recorded;
(3) the result of the scope of land for construction specified by the surveying and mapping unit according to the requirements of planning and the topographic map in prescribed scale drawn on the basis of the result; and
(4) other materials provided for in laws, regulations or rules.
Article 36 Where the right to use of State owned land is extended through transfer, the competent administrative department for planning shall, according to the detailed control plan, lay down the conditions for planning conditions before the transfer. The conditions for planning shall constitute the component part of the contract on transfer of the right to use of State owned land.
Article 37 For a construction project for which the right to use of State owned land is extended through transfer, the developing unit shall submit the following materials when applying for a permit for planned use of land for construction:
(1) the documents certifying the construction project is approved, verified or recorded;
(2) the contract on transfer of the right to use of State owned land;
(3) the result of the scope of land for construction specified by the surveying and mapping unit according to the requirements of planning and the topographic map in prescribed scale drawn on the basis of the result; and
(4) other materials provided for in laws, regulations or rules.
Article 38 A developing unit shall obtain the document for approval of land use from the competent administrative department for land within two years after obtaining the permit for planned use of land for construction; where an extension is needed, an application shall be submitted to the competent administrative department for planning at least 30 days prior to the expiration and upon approval one extension may be granted with a period not longer than two years. Where the application for extension is not approved or the document for approval of land use is not obtained within the prescribed time limit, the permit for planned use of land for construction shall become invalid.
Article 39 For undertaking an urban construction project, the developing unit shall apply to the competent administrative department for planning for a permit for the planned construction project with the following materials:
(1) the relevant certifications on land use;
(2) the documents certifying the construction project is approved, verified or recorded or related documents;
(3) the designed schemes of the construction project. For a project of major urban and rural infrastructure, the expanded preliminary design program for the construction project examined shall be submitted, and for a construction project for which the developing unit is required to draw up a detailed construction plan, the detailed construction plan shall also be submitted; and
(4) other materials provided for in laws, regulations or rules.
Where an individual urban resident applies for construction, the relevant provisions of this Municipality shall be applicable.
Article 40 A developing unit shall obtain the construction permit within two years after obtaining the permit for the planned construction project; where an extension is needed at the expiration of the permit, an application shall be submitted to the competent administrative department for planning at least 30 days prior to the expiration and upon approval one extension may be granted with a period not longer than two years. Where the application for extension is not approved or the construction permit is not obtained within the prescribed time limit, the permit for the planned construction project shall become invalid.
Article 41 In the planned rural areas, for construction of township enterprises, rural public facilities, public welfare undertakings and concentrated residential houses for villagers, the developing unit or individual shall make an application to the people's government at the town or township level, which shall report the matter to the competent administrative department for planning for issue of a permit for planned rural construction.
In the planned rural areas, the villagers' construction of residential houses on the original house sites may be subject to the administration of permit for planning. The administration of permit for planning shall be carried out according to the village plans and in combination with services, and give play the role of villagers' committees. The detailed measures shall be formulated by the Municipal People's Government.
No land for agricultural use may be used for construction of township enterprises, rural public facilities or public welfare undertakings or for construction of rural residential houses for villagers; where it is really necessary to use such land, the examining and approving formalities for the change of land use shall be completed according to the relevant provisions of the Land Administration Law of the People's Republic of China, before the permit for planned rural construction is issued by the competent administrative department for planning.
The developing unit or individual may go through the examination and approval formalities for land use only after obtaining the permit for planned rural construction.
Article 42 In the existing villages beyond the scope of planned villages, where construction is truly necessary before the implementation of plans, a temporary permit for planned rural construction shall be issued by the competent administrative department for planning according to the progress of the development of the Municipality and the needs in the implementation of plans.
Article 43 Where an urban construction project needs to temporarily use land or construct temporary buildings for reason of construction or constructing urban and rural infrastructures, public service facilities and public security facilities, the developing unit shall apply to the competent administrative department for planning for a temporary permit for planned use of land for construction or a temporary permit for planned construction project.
The valid period of the temporary permit for planned use of land for construction and that for planned construction project shall not exceed two years. Where an extension is needed at the expiration of the permit, the approved extension period shall not exceed one year.
Where it is necessary for urban and rural construction or the period for temporary use expires, the developing unit shall unconditionally demolish the temporarily built constructions and facilities. The temporary constructions applied for the major construction project shall be demolished before the application for check of the major construction whether in compliance with the conditions for planning.
Article 44 The competent administrative department for planning shall check whether a construction project is in compliance with the contents of its permit for planning.
If a construction project is not checked, or checking proves that it does not comply with the contents of its permit for planning, the developing unit may not arrange for acceptance check upon completion of the project and the property registration authority shall not handle the formalities for property registration; where illegal construction is involved, the construction shall be dealt with according to the relevant provisions of law and these Regulations.
Article 45 The developing unit shall, within six months after the acceptance check conducted upon completion of a project, transfer to the urban construction archives administration a complete and accurate construction project completion file according to law, which shall be attached with a measuring report made by the surveying and mapping unit.
Article 46 Where the document for approval of a construction project based on which the competent administrative department for planning issue the permit for planning is rescinded, withdrawn or revoked, or the right to use of land is called back, the competent administrative department for planning shall cancel the corresponding permit for planning.
Article 47 The usage stated in the certificate of premises ownership shall be in compliance with the nature of use specified in the permit for planned construction project or the permit for planned rural construction; the administrative permits issued by the relevant competent administrative departments related to the usage of premises shall be consistent with the usage stated in the certificate of premises ownership.
Where it is necessary to alter the nature of use of any premises, relevant formalities shall be handled according to law in the original competent administrative department.
Article 48 Before disposing premises and rights and interests related to land, the relevant institution shall inquire the competent administrative department for planning about information on planning, and the competent administrative department for planning shall render cooperation.
Chapter IV Modification of an Urban and Rural Plan
Article 49 No modification without authorization may be made on a legally approved urban and rural plan.
Where it is truly necessary to modify the overall plan of this Municipality and the overall plans of the central city or new towns, towns and townships, the modifications shall be made according to the statutory procedures and jurisdictions; where it is truly necessary to modify the plans of designated areas, special plans or village plans, the modifications shall be submitted for approval through the original procedures of examination and approval.
Article 50 The authority in charge of the formulation of the overall plans of this Municipality shall organize relevant departments and experts to regularly assess the implementation of the overall plan every five years, solicit opinions from the public by holding appraisal conferences or hearings or by other means, prepare an assessment report and submit the assessment report and the opinions solicited to the standing committee of the people's congress at the same level and the original examination and approval authority.
Article 51 Where a detailed control plan needs to be modified, the authority in charge of its formulation shall expound and prove the necessity for modification, solicit the opinions of the interested parties within the tract of land covered by the plan and make a special report to the original examination and approval authority. Only with the consent of the original examination and approval authority, may the authority in charge of its formulation make the modification and submit it to the original examination and approval authority for examination and approval. Where the modification of a detailed control plan involves the compulsory items in an overall plan, the overall plan concerned shall be modified first.
Article 52 Where, after the issue of a written proposal on the choice of location, the permit for planned use of land for construction, the permit for a planned construction project or the permit for planned rural construction, losses are caused to the lawful rights and interests of the person granted the permit due to modification of an urban and rural plan according to law, compensation shall be made according to law.
The detailed construction plan and the general plane figure of the designed scheme of a construction project, which are examined and approved according to law, shall not be modified at will; where it is necessary to make modification, the competent administrative department for planning shall listen to the opinions of the interested parties; if losses are caused to the lawful rights and interests of the latter, compensation shall be made according to law.
Article 53 Where it is necessary, according to law, to solicit the opinions of the interested parties during the process of modification of a detailed control plan, a detailed construction plan or a general plane figure of the designed scheme of a construction project, the solicitation may be carried out by holding hearings, appraisal conferences, talks or making publication or by other means.
Article 54 Various types of urban and rural plans of this Municipality shall be published anew to the society after modification.
Chapter V Supervision and Inspection
Article 55 The people's governments at various levels in this Municipality shall respectively report on the implementation of the urban and rural plans to the standing committees of the people's congresses at the same level or to the people's congresses of towns or townships, and shall subject themselves to supervision by the latter.
Article 56 This Municipality shall establish a joint mechanism of planning supervision, administrative law enforcement and administrative supervision and an information sharing mechanism of investigation and handling of illegal constructions to strengthen supervision and inspection of urban and rural planning work and investigation and handling of illegal constructions.
The Municipal People's Government shall specify the detailed tasks and objectives of the people's governments at the district or county level and relevant departments of the Municipal People's Government in the planning supervision and inspection to strengthen the overall planning and coordination of supervision and inspection of urban and rural plans.
Article 57 This Municipality shall establish an accountability system and a performance evaluation system for the control of illegal construction. The people's governments at the district or county level and the town or township level shall be responsible for the control of illegal construction within their own administrative areas. The people's government at the higher level shall intensify supervision, inspection and performance evaluation on the work of the people's government at the lower level in implementation of controlling illegal construction.
Article 58 The competent administrative department for planning at the municipal level shall formulate and improve the standards, procedures and requirements related to the formulation and administration of urban and rural plans in this Municipality, and strengthen its operational guidance on the formulation and administration of plans carried out by the people's governments at the town or township level.
Article 59 The competent administrative department for planning shall strengthen supervision and inspection on the activities of plan formulating units and designing units related to urban and rural planning.
The competent administrative department for planning shall conduct supervision and inspection on construction projects.
The units and individuals subject to supervision and inspection shall actively render cooperation, report relevant information truthfully, provide necessary materials, and shall not obstruct or prevent the legally conducted supervision and inspection.
Article 60 The developing units shall publish on the construction site the permit for the planned construction project as well as the attached documents and drawings to facilitate review of the public and accept supervision from the society, except for those that shall not be disclosed according to the provisions of laws or administrative regulations.
Article 61 The sub-district offices shall stop the activities of illegal construction within their own jurisdictions and cooperate with the competent administrative departments for planning and relevant law enforcement departments or institutions designated by the Municipal People's Government in handling such activities.
When discovering any activity of illegal construction in its locality, a residents' committee, villagers' committee or property service enterprise shall be entitled to stop such activity and promptly make a report to the competent administrative department for planning, relevant law enforcement department or institution designated by the Municipal People's Government or the people's government at the town or township level.
Article 62 The competent administrative departments for planning, the relevant law enforcement departments or institutions designated by the Municipal People's Government, the people's governments at the town or township level or other relevant departments shall publish the phone numbers for reporting, and promptly and completely record the received reports on illegal construction and safely keep the records. Where the reported affair falls within the responsibility of the receiving department, the department shall promptly accept it, verify and handle it and give a reply according to law; where the affair is not within the responsibility of the receiving department, the department shall transfer it to a competent department and notify the reporting person.
Chapter VI Legal Liability
Article 63 Where there are provisions on violations of these Regulations in laws or regulations, the violations shall be handled according to such provisions.
Article 64 Where any of the people's governments at various level and the competent administrative departments for planning and other relevant departments of this Municipality commits one of the following acts, the superior administrative agency or the supervisory authority shall order it to make corrections and have it criticized in a circular according to law, and give sanctions, according to law, to the directly responsible person in charge and other persons directly responsible:
(1) failing to take charge of the formulation of an urban and rural plan that should be formulated according to law, or failing to formulate, examine and grant approval, or modify an urban and rural plan in compliance with the statutory procedures;
(2) issuing a written proposal on the choice of location, permit for planned use of land for construction, temporary permit for planned use of land for construction, permit for a planned construction project, temporary permit for a planned construction project, permit for planned rural construction or temporary permit for planned rural construction by going beyond its powers, or issuing such proposal or permit to an applicant who does not meet the statutory conditions;
(3) failing to issue, within the statutory time limit, a written proposal on the choice of location, permit for planned use of land for construction, temporary permit for planned use of land for construction, permit for a planned construction project, temporary permit for a planned construction project, permit for planned rural construction or temporary permit for planned rural construction to an applicant who meets the statutory conditions;
(4) issuing the approval document for a construction project for which the written proposal on the choice of location is not obtained according to law;
(5) failing to lay down, according to law, the conditions for planning in the contract on transfer of the right to use of State owned land, or changing the conditions for planning which are laid down in the said contract according to law;
(6) failing to listen to the opinions of the interested parties before it gives its consent to the modification of a detailed construction planning and the general plane figure of the designed scheme of a construction project; or
(7) when it discovers the construction conducted, for which no permit for planning is issued according to law or which is conducted in violation of the provisions in the permit for planning, failing to investigate into and handle the matter; or after it receives the report on the matter, failing to handle it according to law.
Article 65 Where the Municipal People's Government decides that an illegal act which shall be handled by the competent administrative department for planning under the provisions in this chapter is to be handled by a relevant law enforcement department or institution, the decision of the Municipal People's Government shall prevail.
Article 66 Where a unit engages in an urban construction project without obtaining the permit for a planned construction project or without complying with the contents in the said permit, it shall be ordered to discontinue construction by the competent administrative department for planning; if measures for rectification can be adopted to eliminate the impact on the implementation of the plan, it shall be ordered to make rectification within a prescribed time limit and be fined not less than five percent but not more than ten percent the total cost of the construction project; otherwise, it shall be ordered to demolish the project within a prescribed time limit; if the project cannot be demolished, the project itself or the unit's unlawful income shall be confiscated, and it may, in addition, be fined not more than ten percent the total cost of the construction project.
Where, after the competent administrative department for planning makes a decision on ordering the discontinuation of construction or demolition of a construction project within a prescribed time limit, the party involved refuses to comply, the people's government at the municipal or the district or county level may order the relevant department to adopt such measures as closing the construction site or demolishing the project by compulsory means.
Where the developing unit, owner or manager of the construction project is unclear, the competent administrative department for planning may urge the developing unit, owner or manager to accept punishment by publishing a notice in public media or in the locality of the project. The period of notice shall not be less than 15 days. At the expiration of the period, where the developing unit, owner or manager remains unclear or refuse to accept punishment, demolition by compulsory means or confiscation shall be imposed upon approval by the people's government at the municipal or the district or county level.
Article 67 Where a unit engages in temporary urban construction project without obtaining the temporary permit for a planned construction project or without complying with the contents of the said permit, or fails to demolish such temporary construction beyond the prescribed time limit, it shall be ordered to demolish the project within a prescribed time limit and in addition, may be fined not more than one time the total cost of the construction project by the competent administrative department for planning.
Article 68 Where a unit engages in construction subject to the permit for planned rural construction or temporary permit for planned rural construction according to the provisions of these Regulations without obtaining the permit for planned rural construction or temporary permit for planned rural construction or without complying with the provisions in the said permit, or a farmer, in violation of the administration of permit for planning, uses the existing house site to construct a villagers' residential house, it or he shall be ordered by the people's government at the town or township level to discontinue construction and make rectification within a prescribed time limit; if it or he fails to make rectification on the expiration of the prescribed time limit, the matter shall be handled according to the relevant provisions of the law on urban and rural planning and the Municipal People's Government.
Article 69 Where a developing unit of an urban residential construction project fails to construct infrastructures and public service facilities according to the schedule of construction, the competent administrative department for planning may refuse to check the completed project whether it is in compliance with the conditions for planning and suspend the issuance of permit for a planned construction project to other projects in the same construction cluster.
Article 70 Where a designing unit provides construction drawings for a construction project without a permit for planned construction project, permit for planned rural construction or temporary permit for planned rural construction, or provides construction drawings not in compliance with a permit for planned construction project, permit for planned rural construction or temporary permit for planned rural construction, the competent administrative department for planning shall impose a warning on the unit and confiscate its illegal gains; where the circumstance is serious, the said department may order it to suspend its business for rectification or demote its grade of qualification and impose a fine of not less than 100,000 Yuan but not more than 300,000 Yuan simultaneously. The directly responsible person shall be imposed a warning and a fine of not less than 5,000 Yuan but not more than 50,000 Yuan. For a registered architect or other professional technician, his qualification certificate may be revoked and a ban on registration for five years may be imposed.
Article 71 Where a developing unit or individual of an urban construction project fails to publish the permit for a planned construction project as well as the attached documents and drawings on the construction site as required, the relevant law enforcement department or institution designated by the Municipal People's Government shall order it to make rectification within a prescribed time limit and may impose a fine of not less than 5,000 Yuan but not more than 10,000 Yuan simultaneously.
Article 72 Where a developing unit or individual engaging in construction causes damage to the lawful rights and interests of citizens, legal persons or other organizations, the unit or individual shall bear corresponding civil liability according to law.
Chapter VII Supplementary Provisions
Article 73 As used in these Regulations, the construction projects refer to new construction, reconstruction, expansion or renovation of various buildings and structures as well as projects of public works and traffic in urban and rural areas.
The external decoration of the existing buildings in major avenues, historic and cultural blocks and the special areas designated by the Municipal People's Government shall be treated by reference to construction projects.
Article 74 These Regulations shall be effective as of October 1, 2009. The Regulations of Beijing Municipality on Urban Planning adopted on July 24, 1992 at the 35th Meeting of the Standing Committee of the 9th People's Congress of Beijing Municipality shall be repealed simultaneously.