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Regulations of Beijing Municipality on City Planning

(Adopted at the 35th Meeting of the Standing Committee of the 9th Municipal People's Congress of Beijing on July 24, 1992, promulgated by Order No. 28 of the Standing Committee of the Municipal People's Congress of Beijing and implemented as of October 1, 1992)

Chapter I General Provisions

Article 1 For the purposes of implementing the City Planning Law of the People's Republic of China (hereinafter referred to as the City Planning Law), rationally formulating the city planning, strengthening the administration of city planning and meeting the needs in the development of socialist modernization, these Regulations are formulated in light of the actual circumstances of Beijing Municipality.

Article 2 The City Planning Law and these Regulations shall be observed in formulating and implementing the city planning.

These Regulations shall be applicable in the administrative area of this Municipality.

Article 3 Beijing is the political and cultural center of the whole State. The city construction and the development of various undertakings in Beijing shall be based on and reflect the nature of the city of Beijing.

Article 4 Beijing is a famous historical and cultural city. The city planning and construction shall reflect the history and culture and the revolutionary tradition of the Chinese nationality, the characteristics, and the style and features of the capital.

The city planning and construction shall make full use of the modern science and technology, absorb and use the cultural achievements of the development of cities in the world for reference, and build Beijing step by step into a modern city.

Article 5 The development of urban and township economy shall be fit for the nature and characteristics of this Municipality. The industrial structures shall be adjusted and optimized, the development of high and new technology industry be focused on, the tertiary industry be developed, and the industry that consume a large amount of energy, use a large amount of water, need a large amount of transportation, occupy large spaces, or make serious pollution be strictly restricted.

Article 6 The size of the city, especially the down town area, shall be strictly controlled, and effective measures shall be taken to promote the rational distribution of the urban and town system and the urban population.

Article 7 The city planning must suit the specific conditions of the State and this Municipality, a scientific forecast of the needs arising from the long-term development of the city shall be made and the relationship between the short-term construction and the long-term development shall be handled correctly.

The principle of building the country through thrift and hard work and that of usefulness and economy shall be adhered to in the undertakings of various constructions, the use of urban land shall be strictly economized and a water-saving and energy-saving city shall be built.

Article 8 The Municipal City Planning Administration of Beijing (hereinafter referred to as the Municipal Planning Administration) is the competent administrative department of city planning in this Municipality.

The Municipal Designing Research Institute of City Planning of Beijing (hereinafter referred to as the Municipal Designing Institute) is the working body of the municipal people's government that shall be responsible for organizing the formulation of city planning.

The city planning administration at the district or county level (hereinafter referred to as the district or county city planning administration) is the competent department of city planning of the district or county people's government, responsible for the work of city planning in the district or county, and work under the professional leadership of the Municipal Planning Administration and under the guidance of the Municipal Designing Institute in the formulation of city planning.

The urban neighborhood office and the town (township) people's government shall strengthen the administration work of city planning in their respective administrative areas, and shall be guided by the district or county city planning administration in their professional work.

Article 9 This Municipality shall encourage scientific and technological research in city planning, popularize advanced technology in order to raise the scientific and technological level of city planning. The units and individuals that have made outstanding achievements shall be given praises and awards by the people's governments at all levels or the competent department concerned.

Article 10 All units and individuals shall have the obligation to abide by the city planning and shall have the right to report on or bring charges against any act that runs counter to such a planning.

Chapter II Formulation, Examination and Approval of a City Planning

Article 11 The formulation of a city planning shall proceed from actual conditions, be based on the plan for national economic and social development of this Municipality as well as its natural environment, resource conditions, historical conditions and present characteristics, etc. of which overall consideration and rational arrangement are to be made.

Article 12 In the formulation of a city planning, the city ecological environment shall be protected and improved, pollution and other public hazards prevented, the construction of city afforestation and that of city appearance and environmental sanitation strengthened and historic and cultural sites, the traditional cityscape, the local characteristics and the natural landscape preserved.

In the formulation of city planning for a nationality township and that for an area where a minority nationality live in a concentrate community, attention shall be paid to the protection of ethnic characteristics.

Article 13 In the formulation of a city planning, the principle of facilitating production, benefiting the people's everyday life, promoting commodity circulation, enriching the economy and promoting advances in social, scientific and technological, cultural and educational undertakings shall be adhered to.

A city planning to be formulated shall conform with the city's needs for fire-fighting, the prevention of explosives, the mitigation of earthquakes, the prevention of floods and of mud-rock flows, public security, traffic control and civil air defense construction. Appropriate preventive measures shall be taken in the plan for the major area for the mitigation of earthquakes and prevention of floods.

Article 14 The formulation of a city planning shall be conducted in such two stages as an overall plan and a detailed plan. A zone planning shall be formulated based on the actual needs of the city zone, near suburb and other specific areas; a district or county planning and a township planning shall be formulated for a district or county in the remote suburb; a township planning shall be formulated for a rural area in the near suburb.

The detailed planning shall include the detailed planning for controlling various buildings and the detailed planning for repairing and constructing various buildings.

Article 15 The overall city planning shall include the nature of the city, the target of its development and size of development, the standards and quotas 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 overall urban transportation system, various specialized planning such as energy resources, water resources, telecommunications, water supply and drainage, flood prevention, rivers, lakes and greenbelt, etc. and the plan for immediate construction.

Article 16 The detailed city planning shall, on the basis of the overall city planning or the zone planning, draw up a specific planning for various construction projects in the immediate development area for the city.

Article 17 Relevant departments shall be organized to participate in formulating a city planning and opinions from all sides shall be heard.
Various departments and units shall timely provide the preliminary scheme for relevant specialized planning and relevant documents according to the needs of formulation of planning.

Article 18 The municipal people's government shall be responsible for organizing the formulation of the overall city planning of this Municipality. The district or county people's governments in remote suburb shall be responsible for organizing the formulation of the district or county planning, the overall town planning and the township planning in this district or county. The district people's governments in near suburb shall be responsible for organizing the formulation of the township planning in this district.

The Municipal Designing Institute shall provide professional guidance and comprehensive coordination in the formulation work of the various specialized planning and the planning organized to be formulated by the district or county people's governments in the scheme of the overall city planning of this Municipality.

Article 19 The city planning shall be examined and approved at different levels according to the following provisions:

1. The overall city planning of this Municipality shall be reported to the State Council for examination and approval by the municipal people's government after being examined and agreed upon by the municipal people's congress or the standing committee of the municipal people's congress;
2. The zone planning, the specialized planning and the detailed planning for controlling various buildings shall be examined and approved by the municipal people's government;
3. The district or county planning of the districts or counties in the remote suburb and the overall town planning of the locality where the district or county people's government in the remote suburb is situated shall be reported to the municipal people's government for examination and approval after being examined and agreed upon by the district or county people's congress or its standing committee;
4. The overall planning of other towns with administrative status of the districts or counties in the remote suburb and the township planning of the district in the near suburb shall be examined and approved by the municipal people's government;
5. The township planning of the districts or counties in the remote suburb shall be examined and approved by the Municipal Planning Administration after being examined and agreed upon by the district or county people's governments, and the important one shall be reported to the municipal people's government for examination and approval by the Municipal Planning Administration; and
6. The examination and approval procedures for the detailed planning for repairing and constructing various buildings shall be formulated by the municipal people's government.

Article 20 The municipal people's government may make partial readjustments in the overall city planning according to the needs of the city's economic and social development, and shall report the readjustments to the standing committee of the municipal people's congress and the State Council for the record. Where the readjustments involve the significant changes in the nature, size, development orientation and overall layout of the city, the readjustments shall be reported to the State Council for examination and approval after being examined and agreed upon by the municipal people's congress or the standing committee of the municipal people's congress.

Article 21 After the overall city planning of this Municipality is approved, the municipal people's government shall publish the planning by appropriate means.

After various city planning is approved according to law, the department that submits the planning for examination shall submit the planning to the competent administrative department of city planning for the record.

Chapter III Development of New Urban Areas and Reconstruction of Old Urban Areas

Article 22 In the development of new urban areas and the reconstruction of old urban areas, the principles of unified planning, rational layout, consideration of local conditions, comprehensive development and coordinated construction of supporting facilities must be adhered to.

The selection and determination of sites for construction projects shall not hinder the development of a city, endanger its safety, cause pollution or deterioration of its environment or affect the coordination of its various functions.

Article 23 In the development of new urban areas and the reconstruction of old urban areas, the construction of infrastructures and public facilities shall be strengthened, and the modernization of infrastructures and the quality of city environment shall be improved step by step; the construction procedure of building under the ground first and then above the ground shall be followed; the principle that the construction of supporting facilities, afforestation and environmental protection facilities shall be carried out at the same time with the construction of the main project shall be adhered to.

Article 24 In the reconstruction of old urban areas, the principles of strengthening the maintenance, rationalizing the utilization, readjusting the layout and making improvements step by step shall be followed, the relationship between protection and reconstruction shall be handled correctly. The tracts of sections with poor living conditions, with old and shabby houses concentrated, with backward infrastructures and blocked traffic shall be reconstructed by stages and in turn in a planned manner. The insertion of a new building among the old ones shall be strictly controlled. The industrial enterprises which may cause serious pollution shall be reformed or removed step by step.

When reconstruction is to be carried out in the old urban areas, the traditional style and features, the city setup, the architectural style and the art of garden of this famous historical and cultural city shall be inherited, protected and carried forward. The scope of protection of units of cultural relics protection, the construction control areas and the protection area for history and culture shall be delimited, the planning requirements for the height, volume, style and color of new buildings shall be formulated and the traditional residential buildings and the blocks that reflect the folkway and folk-custom of the ancient capital shall be protected as a whole.

Article 25 In the construction of towns and villages, the principles of unified planning, economization of land, consideration of local conditions, appropriate concentration, rational layout and coordinated construction of supporting facilities must be followed.

In the development of township or town enterprises, the cultivated land shall be occupied as little as possible, the enterprises shall be centralized relatively and the decentralized construction of the enterprises shall be controlled.

Chapter IV Implementation of City Planning

Article 26 The competent administrative department of city planning shall administer the land used for various constructions and the construction projects in a unified planned manner. The use of land and the various constructions must conform to the city planning and be subject to planning administration.

Various constructions mentioned in these Regulations refer to various newly constructed, extended, reconstructed and renovated houses and buildings, construction projects such as pipelines, overhead pipelines, railways, subways, roads, bridges, civil air defense, flood prevention, public parks, urban greenbelts, shade trees, water system of rivers and lakes, water source wells, bounding walls, parking areas, areas for heaping up materials, etc. and all structures, and sculptures and advertising facilities in the city.

The reconstruction and exterior decoration for important streets, blocks with traditional cultural style and the existing buildings in the specific areas specified by the municipal people's government shall be regarded as construction projects.

Article 27 Examining and approving the proposals of newly constructed, extended and reconstructed projects, the departments of planning of the people's governments at all levels shall solicit the opinions of the competent administrative department of city planning. When the designing task report is submitted for approval, the suggestion of the competent administrative department of city planning for the selection the construction site shall be attached.

Article 28 Where an application for land to be used for construction is needed, an application for selection and determination of a site shall be submitted to the municipal, district or county planning administration with relevant documents evidencing that the competent department has approved the construction project, and the municipal, district or county planning administration shall verify and determine the nature, location and boundary of the land to be used, provide conditions for designing and planning, and verify and issue a planning permit for the use of land for construction.

The municipal, district or county planning administration shall be responsible at its respective level for selecting and determining a site for the land used for construction, verifying and issuing a planning permit for the use of land for construction. The specific measures for dividing the authority shall be reported to the municipal people's government for examination and verification by the Municipal Planning Administration.

Article 29 The nature, location and boundary of the land as stipulated by a planning permit for the use of land for construction shall not be altered without authorization and being approved by the original examining and approving department.

Article 30 All units and individuals must obey the decisions on readjustments in the use of land for construction made by the municipal, district or county people's government according to the city planning.

Where the right of use of the land for construction is taken back, or the land to be used for construction has not been put into use for more than two years, the competent administrative department of city planning shall revoke the planning permit for the use of land for construction.

Article 31 Where a city construction project is arranged to be constructed on the public land along roads, railways, rivers, greenbelts, etc., the construction unit shall, as an agent, requisition the public land according to relevant regulations and rules of this Municipality.

Article 32 Where buildings, structures, roads, pipelines and other engineering facilities are to be newly constructed, extended, reconstructed and renovated, an application must be submitted to the municipal, district or county planning administration with relevant approval documents, and the municipal, district or county planning administration shall verify and issue a planning permit for the construction project according to the planning and designing requirements of city planning.

The municipal, district or county planning administration shall be responsible at its respective level for verifying and issuing the planning permit for a construction project. The specific measures for dividing the authority shall be reported to the municipal people's government for examination and verification by the Municipal Planning Administration.

Article 33 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 34 Activities that will change the terrain and landform, such as opening up mines or quarrying stones, excavating sand and taking earth, digging pits and filling up ponds, shall be approved by relevant competent department and shall conform to the city planning and be subject to the planning administration. No such activity may cause damage to the urban environment or produce a negative effect on the implementation of city planning.

Article 35 Various constructions in the specific areas such as protection areas of cultural relics, scenery spots and sightseeing regions, natural preservation areas, water resource preservation areas, mines and isolated areas of roads, railways and rivers shall be strictly controlled. The specific scope and measures for planning and administration of specific areas shall be formulated by the municipal people's government.

Article 36 All units and individuals that need to use land temporarily because of city construction must apply to the municipal, district or county planning administration for determination of the site and issuing of a planning permit for the temporary use of land; those who construct temporary construction projects must have a planning permit for temporary construction projects verified and issued by the municipal, district or county planning administration.

On land for temporary use, no permanent and semi-permanent project shall be constructed; a temporary construction project shall not be reconstructed into a permanent construction project; no land for temporary use and no temporary construction project may be changed in the nature of use; where, due to special circumstances, it is necessary to extend the time limit for using the land for temporary use or temporary construction project, an application to extend the time limit shall be submitted to the original examining and approving agency two months before the expiration of the time limit, and only after the application is approved, shall the land or construction project be used for an extended time limit.

When the time limit for temporary use of land or use of a temporary construction project expires or there is a need of the land or project in city construction, the using unit must demolish the construction project and all facilities without any condition, recover the terrain and return the land used.

The specific measures for administration of temporary use of land and temporary construction projects shall be formulated by the municipal people's government.

Article 37 A designing unit must formulate the designing scheme of a construction project or design for a project according to the conditions for designing and planning provided by the competent administrative department of city planning.

Only after the construction unit obtains a planning permit for the construction project, shall the unit in charge of construction start the construction.

Article 38 The competent administrative department of city planning to verify and issue planning permits for construction projects shall charge the license fee according to the provisions of the municipal people's government.

Article 39 After the municipal, district or county planning administration works out the condition for nailing stakes on the land to be used for construction, the municipal surveying and mapping department shall nail stakes uniformly and calculate the coordinates. Where it is necessary to loosen lines on the stakes and test the lines for a construction project, the construction shall start only after the lines are checked and accepted. When a construction project is completed, the construction unit shall timely make an application to the competent administrative department of city planning for checking and acceptance of the project.

When a construction project is completed and checked and accepted, the construction unit shall send the drawings of the completed project and relevant materials to the archives of city construction according to relevant provisions.

Article 40 The competent administrative department of city planning shall be empowered to inspect whether a construction project conforms to the planning requirements. The party subject to inspection shall truly provide information and necessary materials and the party conducting inspection shall be obliged to keep technical and business secrets for the party subject to inspection.

Article 41 The transfer or assignment of the right of use of urban state-owned land must conform to the city planning.

Chapter V Legal Liability

Article 42 Where land is occupied and used after the acquisition of approval documents for the use of land for construction but without acquisition of a planning permit for the use of land for construction, such approval document shall be declared invalidated and the land occupied shall be returned by order of the municipal, district or county people's government.

Article 43 Construction which is undertaken without a planning permit for the use of land for construction and a planning permit for construction project or not in line with the requirements stated in the permits mentioned above resulting in seriously affecting the city planning shall, by order of the municipal, district or county department of planning, be suspended, demolished within a prescribed time limit or be punishable by the confiscation of buildings, structures or facilities illegally constructed, and may be simultaneously punishable by a fine according to the implementation; construction which affects city planning but can still be remedied shall, by order of the municipal, district or county planning administration, be corrected within a prescribed time limit and be simultaneously punishable by a fine.

Article 44 A person responsible for constructing a project without a planning permit for construction project or not in line with the requirements stated in the planning permit may be given an administrative sanction by the unit where he works or by the competent authority at a higher level.

Article 45 The specific measures on the administrative penalties stipulated by these Regulations shall be formulated by the municipal people's government.

Article 46 A party refusing to accept the decision on an administrative penalty may, within 15 days of receipt of the notification of such penalty, apply for reconsideration to the department next higher to the authority that makes the decision on the administrative penalty; if the party refuses to accept the decision of reconsideration, he may, within 15 days of receipt of the decision of reconsideration, bring a suit at a people's court. The party may also bring a suit directly at a people's court within 15 days of receipt of the notification of the penalty. If, upon the expiration of this period, the party neither applies for reconsideration nor brings a suit at a people's court, nor comply with the decision on penalty, the authority that makes the decision on penalty may apply to the people's court for compulsory enforcement.

Article 47 The working staff of the competent administrative departments of city planning at all levels shall be devoted to their duties, strictly implement the City Planning Law and these Regulations and enforce the laws impartially. Those who neglect their duties or abuse their powers, engage in illegalities for private benefits or by fraudulent means shall be given administrative sanctions by the unit where the persons work or by the competent authority at a higher level according to the seriousness of the circumstances and the consequences; where a crime is constituted, criminal liability shall be investigated for according to law.

Article 48 Anyone who refuses or obstructs the working staff of the competent administrative department of city planning to perform their duties according to law shall be punished in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; where a crime is constituted, criminal liability shall be investigated for according to law.

Chapter VI Supplemental Provisions

Article 49 The Municipal Planning Administration shall be responsible for interpreting the problems occurring in the specific application of these Regulations.

Acts in violation of the administration of city planning before the implementation of these Regulations shall be dealt with in accordance with the City Planning Law and the Interim Measures of Beijing Municipality on Planning Administration of City Construction; acts in violation of the administration of city planning after the implementation of these Regulations shall be dealt with in accordance with the City Planning Law and these Regulations.

Article 50 These Regulations shall be implemented as of October 1, 1992. The Interim Measures of Beijing Municipality on Planning Administration of City Construction approved by the Standing Committee of the 8th Municipal People's Congress on January 17, 1984, shall be repealed simultaneously.