City Planning Law of the People's Republic of China
(adopted on December 26, 1989)
(Adopted at the 11th Meeting of the Standing Committee of the Seventh National People's Congress on December 26, 1989, promulgated by order No.23 of the President of the People's Republic of China on December 26, 1989, and effective as of April 1, 1990)
CHAPTER I GENERAL PROVISIONS
Article 1 This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic and social development, and map out its plan and carry out its construction on a rational basis in order to meet the needs in socialist modernization.
Article 2 This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out within a planned urban area.
Article 3 The term " city " used in this Law applies to a municipality directly under the Central Government, a city or a town established as one of the administrative divisions of the state. The term " a planned urban area " used in this Law applies to an urban district, an inner suburban district or an area needed for urban development and construction as one of the administrative divisions of a city. The scope of a planned urban area shall be determined by the people's government of a city, while compiling a comprehensive plan for the city.
Article 4 The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small cities to an appropriate extent in the interest of a rational distribution of productive forces and of the population. A " large city " means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts. A " medium-sized city " means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner suburban districts. A "small city " means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts.
Article 5 City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term and long-term development. The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction in a planned urban area.
Article 6 The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural environment, resources, historical conditions and present characteristics of the city. The plan shall be a comprehensive one which gives balanced consideration to all factors. The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national economic and social development in accordance with the specified procedure for national capital construction, and shall be carried out step by step in a planned way.
Article 7 The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive planning for the use of land.
Article 8 The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to raise the scientific and technical level of city planning.
Article 9 The competent department of city planning administration under the State Council shall be responsible for city planning throughout the country. The competent departments of city planning administration of the people's governments at or above the county level shall be responsible for city planning in the administrative areas under their jurisdiction.
Article 10 All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring charges against any action that runs counter to such a plan.
CHAPTER II FORMULATION OF THE PLAN FOR A CITY
Article 11 The competent department of city planning administration under the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the compilation of hierachical urban plan for the whole nation and for the provinces, the autonomous regions and the municipalities directly under the Central Government respectively in order to provide guidance for the compilation of the plans for the cities.
Article 12 The people's government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation of the plan for a town which is the seat of the people's government of a county shall be taken care of by the same people's government.
Article 13 In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast of the needs arising from its long-term development. The size of the city, the standards, norms and criteria for the various items of development, and the development procedure shall conform with the national and local levels of economic and technological development.
Article 14 In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city's ecological environment, the prevention of pollution and other public hazards, the development of greenery and afforestation, the improvement of the appearance and environmental sanitation of urban areas, the preservation of historic and cultural sites, the traditional cityscape, the local characteristics and the natural landscape. In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions and local characteristics.
Article 15 In the compilation of the plan for a city, the principle of facilitating production, benefiting the people's everyday life, promoting commodity circulation, enriching the economy and promoting advances in science, technology, culture and education shall be adhered to. City planning shall conform with the city's needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes, the prevention of floods and of mud-rock flows, public security, traffic control and civil air defence construction. In areas where strong earthquakes and serious floods are likely to occur, measures for earthquake mitigation and flood prevention must be specified in the plan for a city.
Article 16 In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed.
Article 17 For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made available.
Article 18 The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large and medium-sized cities, district planning may be conducted on the basis of comprehensive planning in order to further control and define the use of land and determine the scope and capacity of each plot and to coordinate the construction of various items of infrastructure and public facilities.
Article 19 The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected size, the standards, norms and criteria for its main building structures, the distribution of land used for various construction purposes, the functions of different zones, the overall arrangement for construction, the comprehensive urban transportation system, the system of water spaces and green spaces, the plan for specialized sectors and the plan for immediate construction. The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include a hierachical urban plan for the administrative divisions of the city or county.
Article 20 The detailed plan for a city shall, on the basis of the comprehensive plan for the city or the plan for its different zones, include a concrete plan for the various construction projects to be undertaken in the immediate development area of the city. The detailed plan for a city shall define the scope for the use of land for each construction project within the planned plot and provide the control indexes for building density and building height, the general layout, the comprehensive plan for utilities engineering and the plan for site engineering.
Article 21 Plans for cities shall be examined and approved at different levels. The comprehensive plan for a municipality directly under the Central Government shall be submitted by the people's government of the municipality to the State Council for examination and approval. The comprehensive plan for a city which is the seat of the people's government of a province or of an autonomous region, or for a city which has a population of 1,000,000 or more, or for a city otherwise designated by the State Council shall first be examined and approved by the people's government of the province or the autonomous region and then submitted to the State Council for examination and approval. The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government other than those defined in Paragraphs 2 and 3 of this Article shall be submitted to the people's government of the province, the autonomous region or the municipality directly under the Central Government for examination and approval. The comprehensive plan for a town which is the seat of the people's government of a county administered by a municipality shall be submitted to the relevant municipal people's government for examination and approval. The comprehensive plan for a town with an administrative status other than that defined in the preceding paragraph shall be submitted to the people's government of the relevant county for examination and approval. The people's government of a city or of a county must submit the comprehensive plan for a city to the people's congress at the corresponding level or its standing committee for examination and approval before submitting it to the people's government at a higher level for examination and approval. The plan for a district of a city shall be examined and approved by the people's government of the city. The detailed plan for a city shall be examined and approved by the people 's government of the city. The detailed plan for a city which has a district plan shall be submitted to the competent department of city planning administration of the people's government of the city for examination and approval, with the exception of important detailed plans which shall be submitted to the people's government of the city for examination and approval.
Article 22 The people's government of a city may make partial readjustments in the comprehensive plan for the city according to needs arising from the city's economic and social development, and the comprehensive plan thus readjusted shall be submitted to the standing committee of the people's congress at the corresponding level and to the authority which originally approved the plan for the record. Major readjustments which involve the designated function of the city, its size, the orientation of its development or its overall layout shall be examined and approved by the people's congress at the corresponding level or its standing committee before they are submitted to the authority which originally approved the plan for examination and approval.
CHAPTER III DEVELOPMENT OF NEW URBAN AREAS AND REDEVELOPMENT OF EXISTING URBAN AREAS
Article 23 In the development of new urban areas and the redevelopment of existing urban areas, the principles of unified planning, a rational layout, consideration of local conditions, comprehensive development and the coordinated construction of support facilities must be adhered to. The selection and determination of sites for construction projects may not hinder the development of a city, endanger its safety, cause pollution or a deterioration of its environment or affect the coordination of its various functions.
Article 24 The marshalling yards for newly built railways, trunk lines for freight trains, transit highways, airports and important military establishments shall be built away from the urban districts. In the construction of harbours, consideration shall be given to the rational allocation and utilization of a city's water front, and the availability of a section of the water front for activities other than production shall be guaranteed.
Article 25 The development of new urban areas shall be carried out in localities where there are conditions for construction like ample water and energy resources, transportation facilities and means of preventing disasters. Mineral reserves and underground cultural relics and historical sites shall be avoided.
Article 26 In the development of new urban areas, rational use shall be made of the existing facilities of a city.
Article 27 In the redevelopment of existing urban areas, the principles of good maintenance, rational utilization, readjustment of the layout and gradual improvement shall be adhered to. Redevelopment shall be carried out by stages on a unified plan. The residential and transportation conditions in the existing urban areas shall be improved step by step, and special attention shall be given to the construction of the infrastructure and public facilities so as to enhance the multiple functions of the city.
CHAPTER IV IMPLEMENTATION OF CITY PLANNING
Article 28 The plan for a city shall be announced by the people's government of the city after it is approved.
Article 29 The use of land and all development projects within a planned urban area must conform to the plan for a city and must be subjected to planning administration.
Article 30 The location and layout of construction projects within a planned urban area must conform to the plan for a city. The design programme submitted for approval must be accompanied by the statement of opinion on the location issued by the competent department of city planning administration.
Article 31 When applying for the use of land for a construction project in a planned urban area, the unit or individual undertaking construction must produce documents stating the approval of the project by the relevant government authorities and apply to the competent department of city planning administration for the determination of a location for the construction project. The competent department of city planning administration shall determine the site and its boundary, provide the facilities for planning and designing, and issue a permit for the planned use of land for construction. Only after acquiring the permit for the planned use of land for construction, may the unit or individual undertaking construction apply for the use of land to the land administration department of the local people's government at or above the county level. After the application is examined and approved by the people's government at or above the county level, land shall be allocated by the department of land administration.
Article 32 For the construction of a new building, structure, road, pipeline and cable or any other engineering works, its extension or its alteration within a planned urban area, application shall be submitted to the competent department of the city planning administration together with the related documents of approval. The competent department of city planning administration shall issue a permit for a planned construction project according to the planning and design requirements defined in the plan for the city. The unit or individual undertaking construction may not apply for the performance of the procedure for the beginning of construction until after acquiring the permit for a planned construction project.
Article 33 A temporary structure erected within a planned urban area must be demolished within the approved period of time for its use. Measures for the planning and administration of temporary structures and land for temporary use shall be formulated by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government. The construction of permanent buildings, structures and other installations shall be banned on land granted for temporary use.
Article 34 All units and individuals must obey the decisions on readjustments in the use of land made by the people's government of a city according to the plan for the city.
Article 35 No unit or individual may undertake construction on a road or a public square, in a green space, in a high-voltage power supply corridor, or by cutting into the space for underground pipelines and cables.
Article 36 The excavation of sand and gravel and of earth within a planned urban area shall be approved by the competent administrative authorities. No such activity may cause damage to the urban environment or produce a negative effect on city planning.
Article 37 The competent department of city planning administration shall be empowered to inspect the construction projects in a planned urban area to see if they conform to the requirements of the plan for a city. The party subject to inspection shall state the actual situation and provide the necessary data. The party conducting inspection shall be obliged to keep technical and business secrets for the party subject to inspection.
Article 38 The competent department of city planning administration may participate in the checking and acceptance of important development projects within a planned urban area. The construction unit shall submit to the competent department of city planning administration documents related to the completion of a development project within a planned urban area within six months of the checking and acceptance of the project.
CHAPTER V LEGAL LIABILITY
Article 39 If, within a planned urban area, land is occupied and used after the acquisition of documents of approval for the use of land for construction but without the acquisition of a permit for the planned use of land for construction, such documents of approval shall be declared invalid, and the land occupied shall be returned by order of a people's government at or above the county level.
Article 40 Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line with the requirements stated in the permit and which seriously affects city planning shall, by order of the competent department of city planning administration of the local people's government at or above the county level, be suspended, removed within a prescribed period of time or be punishable by the confiscation of illegal buildings, structures or facilities; construction which affects city planning but can still be remedied shall, by order of the competent department of city planning administration of the local people's government at or above the county level, be corrected within a prescribed period of time and be concurrently punishable by a fine.
Article 41 A person responsible for constructing a project without a permit for a planned construction project or not in line with the requirements in the permit may be given administrative sanction by the organization where he works or by the competent authority at a higher level.
Article 42 A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification on such a decision, apply for reconsideration to the department next higher to the authorities that decided on the sanction; if the party refuses to accept the decision of reconsideration, it may, within 15 days of receiving the reconsideration decision, bring a suit before a people's court. A party may also bring a suit directly before a people's court within 15 days of receiving the notification on the sanction. If, upon the expiration of this period, the party has not applied for reconsideration or has neither brought a suit before a people's court nor complied with the sanction, the authorities that decided on the sanction may apply to the people's court for compulsory enforcement.
Article 43 Any member of a competent department of city planning administration who neglects his duty, abuses his power or engages in malpractices for personal gains shall be given administrative sanction by the unit to which he belongs or by the competent higher authorities; if his act constitutes a crime, he shall be investigated for criminal responsibility according to law.
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 44 This Law may be referred to for a residents' community in an industrial or mining district without the administrative status of a town.
Article 45 Rules for the implementation of this Law shall be formulated, pursuant to this Law, by the competent department of city planning administration under the State Council, and shall be implemented after they are submitted to and approved by the State Council. Measures for the implementation of this Law may be formulated, pursuant to this Law, by the standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government.
Article 46 This Law shall enter into force as of April 1, 1990. The Regulations on City Planning promulgated by the State Council shall be abrogated therefrom.