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(Adopted at the 41st session of the Standing Committee of the
11th Shanghai Municipal People' s Congress on July 25, 2002)
Chapter I General Provisions
Article 1
With a view to strengthening the protection of this
Municipality' s areas with historical cultural features and the excellent
historical
buildings, and promoting the coordinated development of urban
construction and social culture, these Regulations are formulated
according to
relevant laws and administrative rules and regulations and in the light of the
actual circumstances of this Municipality.
Article 2
These Regulations
apply to the determination and management of protection of areas with historical
cultural features and excellent
historical buildings within this Municipality' s
administrative areas.
The management of protection of excellent historical
buildings defined as cultural relics according to law shall follow relevant
provisions of laws and regulations governing the protection of cultural
relics.
Article 3
The municipal administrative department of planning is
responsible for the administration of planning of the protection of this
Municipality' s areas with historical cultural features and excellent historical
buildings. The district and country planning administrative
departments are
responsible for the administration of planning of the protection of areas with
historical cultural features within
their respective administrative areas
according to relevant provisions of these Regulations.
The municipal
administrative department of housing and land is responsible for the protection
of this Municipality' s excellent
historical buildings. The district and county
administrative departments of housing and land are responsible for the routine
administration
of protection of excellent historical buildings within their
respective administrative areas, according to relevant provisions of
these
Regulations.
This Municipality' s other relevant administrative departments
shall, according to their respective functions and duties, cooperate
in
implementing these Regulations.
Article 4
The protection of areas
featuring historical culture and excellent historical buildings shall follow the
principles of unified planning,
classified management, effective protection,
rational utilization and subordination of utilization to protection.
Article
5
The municipal, district and county people' s governments have the
responsibility for protecting areas featuring historical culture
and excellent
historical buildings within their respective administrative areas and shall
provide necessary policy guarantee and
support of funds.
The owners and users
of the excellent historical buildings shall shoulder protection responsibility
according to the provisions
of these Regulations.
All units and individual
persons have the obligation to protect areas with historical cultural features
and excellent historical
buildings, and may report against the acts that
endanger the areas with historical cultural features and excellent historical
buildings
to the administrative department of planning or the administrative
department of housing and land. The administrative department
of planning or the
administrative department of housing and land shall timely investigate and
handle the acts that endanger the
areas with historical cultural features and
excellent historical buildings.
Article 6
The funds for the protection of
areas with historical cultural features and excellent historical buildings shall
be raised through
multiple channels.
The municipality, district and county
shall establish special funds for the protection of areas with historical
cultural features
and excellent historical buildings, and the sources of the
funds shall be:
(1) Funds arranged by the municipal, district and county
financial budgets;
(2) Donations from units, individual persons or other
organizations at home and abroad;
(3) Proceeds from transfer and lease of
publicly-owned excellent historical buildings;
(4) Other funds raised
according to law.
The municipal, district and county people' s governments
shall respectively set up special accounts for the special funds for the
protection of areas with historical cultural features and excellent historical
buildings, and the funds shall be earmarked for
specified use under the
supervision of the finance and audit departments.
Article 7
A specialists
committee shall be established for the protection of the areas with historical
cultural features and excellent historical
buildings in this
Municipality.
The specialists committee for the protection of the areas with
historical cultural features and excellent historical buildings (hereinafter
referred to as the specialists committee) shall, according to the provisions of
these Regulations, take charge of the examination
and appraisal involving
affirmation, adjustment, cancellation and other relevant matters of the areas
with historical cultural
features and excellent historical buildings, providing
consultative suggestions for decision-making by the Municipal People' s
Government. The specialists committee shall be composed of personnels from
sectors of planning, housing and land, architecture,
cultural relics, history,
culture, society and economy, and its specific composition methods and working
rules shall be formulated
by the Municipal People' s Government.
Chapter II Determination of the Areas with Historical Cultural Features and
the Excellent Historical Buildings
Article 8
An area with a complex of historical buildings whose
architectural styles, space patterns and street landscape feature Shanghai'
s
regional culture in a certain historical period in a comparatively complete
manner may be defined as an area with historical
cultural features.
Article 9
A building more than 30 years old and with one of the following conditions
may be defined as an excellent historical building:
(1) The architectural
styles, construction techniques and construction technologies contain features
of architectural art and value
of scientific research;
(2) Reflecting
historical cultural features of Shanghai' s regional architecture;
(3)
Representative works of renowned architects;
(4) Workshops, stores, factory
buildings and warehouses that are representative in history of our country' s
industrial development;
(5) Other excellent historical buildings that have a
historical cultural significance.
Article 10
The owner and user of a
building and any other unit and individual person may recommend an area with
historical cultural features
or an excellent historical building to the
municipal administrative department of planning or the municipal administrative
department
of housing and land.
The municipal administrative department of
planning shall, after studying, put forward a preliminary list of areas with
historical
cultural features and solicit opinions from the municipal
administrative department of housing and land, the municipal administrative
department of cultural relics and local district or county people' s government.
The list shall be examined and appraised by the
specialists committee and then
be submitted to the Municipal People' s Government for approval and
determination.
The municipal administrative department of planning and the
municipal administrative department of housing and land shall, after
studying,
put forward a preliminary list of excellent historical buildings and solicit
opinions from the municipal administrative
department of cultural relics, the
owners of the buildings and local district or country people' s government; the
list shall be
examined and appraised by the specialists committee and then be
submitted to the Municipal People' s Government for approval and
determination.
Before the approval and determination of the Municipal
People' s Government, the preliminary list of areas with historical cultural
features and excellent historical buildings shall be made public to solicit
social opinions.
Article 11
The Municipal People' s Government shall
publish the list of the approved and determined areas with historical cultural
features,
and the municipal administrative department of planning shall set up
signs for these areas.
The Municipal People' s Government shall publish the
list of the approved and determined excellent historical buildings, and the
municipal administrative department of housing and land shall set up signs for
these buildings.
Article 12
A legally determined area with historical
cultural features and an excellent historical building shall not be adjusted or
cancelled
without authorization. If there is a real need for adjustment or
cancellation due to force majeure or change of circumstances, the
adjustment or
cancellation shall be proposed by the municipal administrative department of
planning and the municipal administrative
department of housing and land, and be
submitted to the Municipal People' s Government for approval after examination
and appraisal
by the specialists committee.
Article 13
In respect of any
building found in urban construction to be of protective value but not yet
defined as an excellent historical
building, protective measures may be first
taken by taking the relevant provisions of these Regulations as reference after
initial
determination of the municipal administrative department of planning and
the municipal administrative department of housing and
land, and then the
procedure provided in Article 10 of these Regulations shall be followed to apply
for approval to list the building
as an excellent historical building.
Chapter III Protection of Areas with Historical Cultural Features
Article 14
The municipal administrative department of planning shall,
according to overall city planning, organize the preparation of planning
for
protection of areas with historical cultural features, and solicit opinions from
the municipal administrative department of
housing and land, the municipal
administrative department of cultural relics, local district or county people' s
government and
relevant administrative departments, and submit the planning to
the Municipal People' s Government for approval after examination
and appraisal
of the specialists committee.
Article 15
The planning for protection of
areas with historical cultural features shall include the following:
(1) The
historical cultural features of the area and its norm of protection;
(2) The
key scope of protection and scope of controlled construction area;
(3) The
control and adjustment of the planning of land-use' s nature of the area, and the
requirements for the protection of space
environment and landscape of the
building;
(4) The renovation requirements for the buildings out of tune with
historical cultural features of the area; and
(5) Other requirements and
measures of planning administration.
Article 16
The construction activity
conducted in the key scope of protection of an area with historical cultural
features shall comply with
the planning of protection of the area with
historical cultural features and the following provisions:
(1) The block
space pattern and the original elevation and color of buildings shall not be
altered arbitrarily;
(2) Apart from auxiliary facilities of buildings that
are really needed to be erected, no new construction or extension activity
is
allowed, and when the existing buildings are being reconstructed, their
historical cultural features shall be maintained or
restored;
(3) Without
authorization, no new construction or extension of roads is allowed, and when
the existing roads are being reconstructed,
the original road pattern and
landscape features shall be maintained or restored;
(4) No new industrial
enterprise is allowed to be built, and the existing industrial enterprises that
obstruct the protection of
the areas with historical cultural features shall be
removed in a planned manner.
Article 17
The construction activity
conducted in the limits of controlled construction area with historical cultural
features shall comply
with the planning for protection of areas with historical
cultural features and the following provisions:
(1) The buildings to be newly
built, extended or reconstructed shall be in tune with the historical cultural
features in terms of
height, volume and color;
(2) When roads are being
built, extended or reconstructed, the historical cultural features shall not be
damaged;
(3) No industrial enterprise causing environmental pollution is
allowed to be built, and the existing industrial enterprises causing
environmental pollution shall be removed in a planned way.
If a building to
be built or extended in the limits of controlled construction area with
historical cultural features is restricted
in terms of its building volume rate,
the practice of compensation in another place may be made according to the city
planning.
Article 18
The municipal administrative department of planning
shall examine and approve the planning of the construction project in areas with
historical cultural features. When making examination and approval, the
municipal administrative department of planning shall solicit
opinions from the
municipal administrative department of housing and land.
Article 19
No
arbitrary alteration of the nature of planned use of land in areas with
historical cultural features is allowed. If the nature
of use of buildings fails
to comply with the requirements for the protection of areas with historical
cultural features, it shall
be restored or adjusted.
Article 20
The
approved establishment of outdoor advertisements, signboards and other
facilities in the area with historical cultural features
shall comply with the
requirements of planning of the protection of areas with historical cultural
features and shall not damage
the architectural space environment and landscape.
The existing outdoor advertisements, signboards and other facilities that do
not
comply with the requirements for the protection of the areas with historical
cultural features shall be demolished within a
time limit.
Article 21
The
fire-prevention facilities and passages in the area with historical cultural
features shall respectively be perfected and cleared
according to relevant
technical norms. Where the required fire prevention standards cannot be reached
due to the need to protect
historical cultural features, the municipal
administrative department of planning and the municipal public security fire
department
shall draw up appropriate fire prevention measures through
consultation.
Chapter IV Protection of Excellent Historical Buildings
Article 22
The municipal administrative department of planning shall,
jointly with the municipal administrative department of housing and land,
propose the protection scope of an excellent historical building and the limits
of peripheral construction control and, after soliciting
opinions from relevant
specialists and local district or county people' s government, report to the
Municipal People' s Government
for approval.
Article 23
No building shall
be allowed to be built in the limits of peripheral construction control of an
excellent historical building. Where
there is an actual need to build auxiliary
facilities for an excellent historical building, a report shall be submitted to
the
municipal administrative department of planning for examination and
approval. When making examination and approval, the municipal
administrative
department of planning shall solicit opinions from the municipal administrative
department of housing and land.
Article 24
Any building that is to be
built, extended, or reconstructed in the limits of peripheral construction
control of an excellent historical
building shall be in tune with the excellent
historical building in terms of use nature, height, volume, elevation, materials
and
color. No original space landscape features around the building shall be
changed, nor shall the normal use of the excellent historical
building be
affected.
If any building that is to be built, extended or reconstructed in
the limits of peripheral construction control of an excellent historical
building, a report must be submitted to the municipal administrative department
of planning for examination and approval. When
making examination and approval,
the municipal administrative department of planning shall solicit opinions from
the municipal
administrative department of housing and land and the local
district or county people' s government.
Article 25
According to the
historical, scientific and artistic value of the building and its extent of good
condition, the requirements for
protecting excellent historical buildings are
divided into the following four categories:
(1) The elevation, structural
system, plane layout and internal decoration of the building shall not be
changed;
(2) The elevation, structural system, basic plane layout and
internal decoration with characteristics of the building shall not be
changed,
but the other parts may be changed;
(3) The elevation and structural system
of the building shall not be changed, but the internal parts of the building may
be changed;
(4) The main elevation of the building shall not be changed, but
the other parts may be changed.
The municipal administrative department of
housing and land shall, jointly with the municipal administrative department of
planning,
propose the specific requirements for protecting excellent historical
buildings at each place, and after appraisal by the specialists
committee,
report to the Municipal People' s Government for approval.
Article 26
The
municipal, district and county administrative department of housing and land
shall do well in the guidance and service work
for the protection of excellent
historical buildings. The district and county administrative departments of
housing and land shall
notify the owners of the buildings and relevant property
management units in writing of the specific protection requirements of
excellent
historical buildings, and clarify the protection obligations they shall
undertake.
If an excellent historical building is transferred or leased, the
transferor or lessor shall notify the transferee or lessee of relevant
protection requirements in writing. The transferee and lessee shall undertake
corresponding protection obligations.
Article 27
The municipal
administrative department of housing and land shall organize the district and
county administrative departments of
housing and land to regularly conduct
general check-ups on the use and protection of excellent historical buildings,
and set up
special files. The results of general check-up shall be notified in
writing to the owners, users and related property management
units of these
buildings.
The owner and user of an excellent historical building shall
cooperate in general check-up of the building.
Article 28
The
establishment of outdoor advertisements, signboards and other facilities on
excellent historical buildings shall be put under
strict control. The authorized
establishment of outdoor advertisements, signboards, air-conditioners, neon
lights, floodlights
and other outer facilities on excellent historical
buildings, or the reconstruction of sanitation, drainage, elevators and other
internal facilities shall comply with the specific protection requirements of
these buildings. The establishment of outer facilities
shall also be in tune
with the architectural elevation.
Article 29
The owner and user of an
excellent historical building shall not stack inflammables, explosives and
corrosives in the building,
and shall not conduct any activity that damages the
load bearing structure of the building' s principal part, or other activities
that endanger the building' s safety.
Article 30
The use nature and use
function of internal design of an excellent historical building shall not be
changed arbitrarily.
If the owner of an excellent historical building,
actually needs to change the use nature and use function of the internal design
according to the specific protection requirements of the building, he/she shall
submit the plan to the municipal administrative
department of housing and land
for examination and approval. The municipal administrative department of housing
and land shall
solicit the opinions of the specialists committee before granting
approval. If any change involves the use nature authorized by
the construction
project-planning license, consent shall be sought from the municipal
administrative department of planning.
Article 31
Where the present
condition of using an excellent historical building does not conform with the
building' s use nature and use function
of internal design, and therefore cause
harmful impact on the protection of the building, the owner of the building may,
according
to the building' s specific protection requirements, make a scheme for
restoring or adjusting the building' s use nature and use
function of internal
design, and submit the scheme to the municipal administrative department of
housing and land for examination
and approval. The municipal administrative
department of housing and land shall solicit the opinions of the specialists
committee
before granting approval. In case of involvement to planning
management, consent shall be sought from the municipal administrative
department
of planning.
Where the present condition of using an excellent historical
building does not conform with the building' s use nature and use function
of
internal design, and causes serious impact on the protection of the building,
the municipal administrative department of housing
and land shall, after
soliciting opinions of the specialists committee, make a decision on the
restoration or adjustment of the
building' s use nature and use function of
internal design.
Article 32
If a publicly-owned excellent historical
building, which is rented out according to the rent standards set by the
government, needs
to have its use nature and use function of internal design
restored, adjusted or changed for protection, and its tenant really has
to move
out and discharge the tenancy agreement, the lessor shall resettle the tenant
with compensation. The compensation for resettlement
shall be above the
standards of compensation for this Municipality' s housing demolition and
resettlement. The Municipal People'
s Government may, according to the category,
location, use and other factors of the excellent historical building, draw up
directive
standards for resettlement compensation. The specific amount of
resettlement compensation shall be determined by the lessor and
lessee through
consultation and according to the directive standards and the principle of
reasonableness and appropriateness. If
consultation fails, the local district or
county people' s government shall give a ruling after the party concerned makes
an application.
The party concerned, if disagreeing with the ruling, may bring a
lawsuit before the people' s court according to law.
If an excellent
historical building, which is rented out according to market rent standards,
needs to have its use nature and use
function of internal design restored,
adjusted or changed for protection, and make the original tenancy contract
unable to be performed,
the tenancy relationship shall be handled as stipulated
in the original tenancy contract. If there is no arrangement, the lessor
shall
notify in writing, three months in advance, the lessee of the discharge of
tenancy contract, and shall bear corresponding
civil liability according to
law.
If the excellent historical building is still for rent after the
restoration, adjustment or modification of its use nature and use
function of
internal design, the original lessee shall enjoy the priority of tenancy right
under the same condition. If the building
is for sale, the original lessee shall
enjoy preemption under the same condition.
Article 33
The owner of an
excellent historical building shall, according to the building' s specific
protection requirements or requirements
put forward in general check-up, timely
refurbish the building and the user of the building shall give cooperation, and
the district
or county administrative department of housing and land shall
supervise and urge and give guidance.
The owner of an excellent historical
building shall be responsible for the repairs and maintenance, and bear the
corresponding expenses.
Where there are other stipulations between the owner and
the user, such stipulations shall prevail. If the owner of the building
really
has difficulty in bearing repair expenses, he/she may apply to the district or
county people' s government for appropriate
subsidies paid out of the special
funds for protection.
The lessee of an publicly-owned, non-residential
excellent historical building rented out according to the rent standards set by
the government shall bear partial repair expenses in the proportion of
difference between government-set rent standards and market
rent
standards.
Article 34
If the owner of an excellent historical building
fails to make timely repairs according to the specific protection requirements
of the building so that the building is damaged or endangered, or fails to
regularly refurbish the building' s elevation, the district
or county
administrative department of housing and land shall order the owner to make rush
repairs or refurbishment within a time
limit. If the owner still fails to do so
after the deadline, the district or country administrative department of housing
and land
shall entrust the specialized unit determined through public bidding to
make the repairs or refurbishment on behalf of the owner
of the building, who
shall bear the costs needed.
Article 35
The owner of an excellent
historical building shall entrust specialized design and construction units with
appropriate qualification
to carry out the repairs on the building.
The owner
of an excellent historical building shall submit the design and construction
scheme for repairs to the municipal administrative
department of housing and
land beforehand. If any change involves the load-bearing structure of the
building' s principal part,
an application shall be made to the municipal
administrative department of planning for the construction project-planning
permit.
Before issuing the construction project-planning permit, the municipal
administrative department of planning shall seek approval
from the municipal
administrative department of housing and land.
Article 36
The repairs on
excellent historical buildings shall conform to the State and this
Municipality' s architectural technology norm
and technical provisions governing
repairs on excellent historical buildings. If the repairs on the building cannot
be done according
to the architectural technology norm, the municipal
administrative department of housing and land shall organize relevant
specialists
and relevant administrative departments to coordinate in determining
appropriate repair plans.
The technical provisions governing repairs on
excellent historical buildings shall be proposed by the municipal administrative
department
of housing and land jointly with the municipal administrative
department of planning and be determined after solicitation of opinions
from
relevant specialists and relevant administrative departments.
Article 37
The filing materials such as writings, drawings and pictures brought about
by the building repair project with permission of the
municipal administrative
department of planning shall be submitted timely to the municipal city
construction archives by the owner
of the excellent historical
building.
Article 38
If an excellent historical building is in danger of
destruction by force majeure or other effects, the owner of the building shall
promptly organize rush repairs and protection, take reinforcement measures and
report to the district or county administrative
department of housing and land.
The said administrative department shall supervise and urge and give guidance,
and shall timely
correct any measure that does not meet the building' s specific
protection requirements.
Article 39
The excellent historical building
defined according to law shall not be removed or demolished without
authorization. If an excellent
historical building must be removed, demolished
or duplicated due to special needs, such matters shall be jointly proposed by
the
municipal administrative department of planning and the municipal
administrative department of housing and land and shall be reported
to the
Municipal People' s Government for approval after examination and appraisal by
the specialists committee.
During the process of implementation of the
removal, demolition or duplication of an excellent historical building, the
building'
s detailed mapping, information recording, and filing materials
preservation work shall be done well, and such materials shall be
timely
submitted to the municipal city construction archives according to relevant
provisions of this Municipality on management
of files of completion of
construction projects.
Chapter V Legal Liability
Article 40
Violators of the provision of these Regulations, who conducts
construction activity arbitrarily or without meeting the approved requirements
in the protection area of or limits of peripheral construction control with
historical cultural features or of excellent historical
buildings, shall be
handled by the municipal administrative department of planning or the
district/county administrative department
of planning according to relevant
provisions of the "Regulations of Shanghai Municipality on City Planning" and
the "Provisions
of Shanghai Municipality on Demolishing Illegal
Buildings" .
Article 41
Violators of the provision of these Regulations,
who set up or reconstruct related facilities without meeting the
buildings' specific
protection requirements, or arbitrarily change the use nature
or use function of internal design of excellent historical buildings,
or conduct
activities that endanger buildings' safety, shall be ordered by the municipal
administrative department of housing and
land or the district/county
administrative department of housing and land to correct within a time limit,
and may be cumulatively
penalized with a fine of between not less than 2 per
cent and not more than 20 per cent of the rebuilding cost of the excellent
historical building.
Article 42
Violators of the provision of these
Regulations, who arbitrarily remove an excellent historical building, shall be
ordered by the
municipal administrative department of planning to correct within
a time limit or to restore the building to its original state,
and may be
cumulatively penalized with a fine of one time to three times the rebuilding
cost of the excellent historical building.
Violators of the provision of
these Regulations, who arbitrarily demolish an excellent historical building,
shall be ordered by
the municipal administrative department of housing and land
or the district/county administrative department of housing and land
to correct
within a time limit, or to restore the building to its original state, and may
be cumulatively penalized with a fine
of three times to five times the
rebuilding cost of the excellent historical building.
Article 43
Violators of the provision of these Regulations, who repair an excellent
historical building without meeting the building' s specific
protection
requirements or relevant technical norms, shall be ordered by the municipal
administrative department of housing and
land or the district/county
administrative department of housing and land to correct within a time limit,
restore the building
to its original state, and may be cumulatively penalized
with a fine of between not less than 3 per cent and not more than 30 per
cent of
the rebuilding cost of the excellent historical building.
Article 44
Violators of the provision of these Regulations, who fail to timely submit
filing materials of the excellent historical building'
s repair, removal,
demolition or duplicate project, shall be ordered by the municipal
administrative department of planning to
submit these materials within a time
limit. Any person who still fails to submit these materials after the deadline
shall be handled
according to relevant provisions of laws and regulations
governing management of archives.
Article 45
The administrative
department of planning, administrative department of housing and land and other
related administrative departments
and their working staff members who exercise
their functions and powers in violation of the provisions of these Regulations
in
one of the following cases, shall be given administrative punishment
according to law by their own unit or higher authorities. If
economic losses are
caused to the counterpart of their management, compensation shall be made
according to relevant State provisions.
If the act constitutes a crime, the
wrongdoer shall be prosecuted for criminal liability according to law:
(1)
Defining, adjusting or canceling an area with historical cultural features or an
excellent historical building in violation
of legal procedures or illegally
approving the removal or demolition of an excellent historical building;
(2)
Arbitrarily approving illegal construction activity to be conducted in the scope
of protection of an area with historical cultural
features or of an excellent
historical building, or illegally approving the change of the use nature and use
function of internal
design of an excellent historical building;
(3) Failing
to promptly handle illegal acts that do harm to an area with historical cultural
features or an excellent historical
building;
(4) Other acts of dereliction,
power-abuse and malpractice for selfish ends
Article 46
The party
concerned, if he disagrees with the specific administrative act made by an
administrative department, may apply for administrative
reconsideration or bring
an administrative lawsuit according to the provisions of the "Law of the People' s
Republic of China on
Administrative Reconsideration" and the "Law of
Administrative Litigation of the People' s Republic of China" .
Chapter VI Supplementary Provisions
Article 47
The protection of renowned towns with historical culture
defined by this Municipality' s overall city planning shall take the provisions
of these Regulations concerning the protection of areas with historical cultural
features as reference.
Article 48
These Regulations shall become
effective on January 1, 2003.
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