City Planning Law Of the People’s Republic of China
Adopted at the 11th Meeting of the Standing Committee of the Seventh
National People’s Congress on December 26, 1989
Printed by Jiangsu Provincial Construction Commission Order of the President of the People’s Republic of China
( No.23 )
“The City Planning Law of the People’s Republic of China”, adopted at the 11th Meeting of the Standing Committee of the Seventh National People’s Congress of the People’s Republic of China on December 26, 1989, is hereby promulgated and shall go into effect as of April 1, 1990.
Yang Shangkun
President of the People’s Republic of China
December 26, 1989
City Planning Law
Of the People’s Republic of China
Adopted at the 11th Meeting of the Standing Committee of the Seventh
National People’s Congress on December 26, 1989
Chapter I General Provisions
Article 1 This Law is enacted in order to determine the scale and development directions of cities, realize their economic and social development targets, rationally prepare city planning and carry out urban construction, and fit in with the needs of socialist modernization construction.
Article 2 This law must be abided by in preparing and implementing city planning and carrying out construction activities within the planning areas of a city.
Article 3 For the purpose of this Law, a city means a municipality directly under the Central Government, a municipality or a town that is established in accordance with the State administrative organizational system.
For the purpose of this Law, planning areas of a city refer to urban districts, inner suburban districts and areas within the urban administrative districts that shall be placed under planning control because of the needs of urban construction and development. The actual scope of a planning area in a city shall be delimited in the overall urban planning prepared by the local people’s government.
Article 4 The State implements the policy of strictly controlling the scope of big cities and rationally developing middle-sized and small cities in order to promote productivity and rational distribution of the population.
A big city means any city with the nonagricultural population of its urban districts and suburban districts above 500 thousand.
A middle-sized city means any city with the nonagricultural population of its urban districts and suburban districts above 200 thousand and below 500 thousand.
A small city means any city with the nonagricultural population of its urban districts and suburban districts below 200 thousand.
Article 5 City planning must conform to the situations in our country and correctly handle the relations between near-term construction and long-range development.
The policies of usability and cost effectiveness and the guideline of building the country with diligence and thrift must be adhered to in carrying out construction activities within the planning area of a city.
Article 6 City planning shall be prepared on the basis of national economic and social development plans, as well as the local natural environment, resource conditions, historical situations and characteristics of current status, and shall be given overall consideration and comprehensively arranged.
The urban infrastructure construction projects that are determined in city planning shall be brought into line with the national economy and social development plan according to the stipulations of the state’s basic construction procedure and implemented in steps according to the schedule.
Article 7 The overall city planning shall cohere with homeland planning, regional planning, river valley planning and overall land utilization planning.
Article 8 The state encourages scientific research in city planning and promotes advanced technologies in order to raise the scientific and technological level of city planning.
Article 9 The competent administrative department of city planning under the State Council shall be in charge of the city planning work of the whole country.
The competent administrative department of city planning under the local government above county level shall be in charge of the city planning work within its administrative area.
Article 10 Every unit and individual shall be obliged to observe city planning and shall have the right to report on or make accusation of any act in violation of city planning.
Chapter II Preparation of City Planning
Article 11 The competent administrative department in charge of city planning under the State Council and the people’s governments of each province, autonomous region or municipality directly under the central government shall respectively work out the city / town system planning for the whole country and for the province, autonomous region or municipality directly under the central government, in order to guide preparation of city planning.
Article 12 The people’s government of a city shall be in charge of organizing preparation of city planning. The county-level people’s government shall be in charge of organizing preparation of city planning for the town where such government is located.
Article 13 Preparation of city planning shall start from the actual situation, in which the needs of a city’s long-term development shall be scientifically foreseen and the city’s development scale, various construction standards, quota index and development procedures shall be adapted to the State and local economic and technological development level.
Article 14 In preparation of city planning, attention shall be paid to protection and improvement of the city’s ecological environment, prevention of pollution and other public nuisances, strengthening of urban greening and improvement of city appearance and environmental sanitation and protection of historical and cultural heritages, traditional urban styles, local characteristics and natural landscape.
Preparation of city planning for national autonomous regions shall not neglect maintaining of national traditions and local characteristics.
Article 15 In preparation of city planning, such principles shall be observed as being beneficial to production, facilitating life, promoting circulation, helping economic prosperity and pushing forward scientific, cultural and educational undertakings. City planning shall be prepared in conformity with the requirements in connection with urban fire-fighting, anti-explosion, anti-earthquake, anti-flood and anti-mud-avalanche and in connection with security, traffic management, anti-air-raid and so on. In the areas where strong fierce earthquakes and serious floods are likely to occur, corresponding anti-earthquake and anti-flood measures must be taken in city planning .
Article 16 In preparation of city planning, the principle of rationally and economically using land shall be observed.
Article 17 In preparation of city planning, basic materials in connection with surveying, measurement and so on shall be available.
Article 18 Preparation of city planning shall be made normally in such two stages as overall planning and detailed planning. For the purposes of further controlling and determining the application, scope and capacity of land in different sections and coordinating construction of various infrastructure and public facilities, big and middle-sized cities may work out area planning on the basis of overall planning.
Article 19 Overall city planning shall include: the city’s nature, development target and scale, main standards of construction and quota index, layout of land for construction purposes, overall arrangement of functional areas and various construction projects, comprehensive urban traffic system, rivers and lakes, green land system, various specialized planning, and construction planning for the near term.
The overall planning for a municipality and for a town where the county-level people’s government is located shall include the city / town system planning for the city’s / town’s administrative districts.
Article 20 In the detailed city planning, on the basis of the overall planning or area planning, particular planning shall be made of various construction projects within the construction areas for the near term.
The detailed city planning shall include: specific land use scope for various construction projects, such indexes under control as the construction density and height, general layout plan, comprehensive planning of engineering pipelines and vertical planning in the planned section.
Article 21 City planning shall be subject to examination and approval by respective authorities at different levels.
The overall city planning for a municipality directly under the central government shall be submitted by its people’s government to the State Council for examination and approval.
The overall planning for any city where the provincial government or the government of an autonomous region is located, for any city with its population over one million or for any other city designated by the State Council shall be examined and consented by the local people’s government before being submitted to the State Council for examination and approval.
The overall planning for any municipality that is not described in the preceding second and three paragraphs of this Article and for any town where the county-level people’s government is located shall be submitted to the people’s government of the province, autonomous region or municipality directly under the central government for examination and approval. But the overall planning for any town where the county-level people’s government under administration of a municipality is located shall be submitted to the people’s government of the same municipality.
The overall planning for any town with the organizational system other than that described in the preceding paragraph shall be submitted to the county people’s government for examination and approval.
Before the overall planning is submitted by the people’s government of a city or a county to higher level people’s government for examination and approval, it shall be subject to examination and consent by the people’s congress or its standing committee at the same level.
The area planning of a city shall be examined and approved by the people’s government of the said city.
The detailed city planning shall be examined and approved by the people’s government of the city. The detailed planning of any city with its area planning prepared shall be examined and consented by the administrative department in charge of city planning under the local people’s government, except that the important detailed planning shall be subject to examination and approval by the local people’s government.
Article 22 The people’s government of a city may, in line with the demands of its economic and social development, make partial adjustment of the city’s overall planning and report it for filing to the standing committee of the people’s congress at the same level or the organ that has approved it. Any significant change in connection with the city’s nature, scope, development direction and overall arrangement shall be subject to examination and consent by the people’s congress at the same level or its standing committee before being examined and approved by the organ that has approved it.
Chapter III Development of New Urban Areas
and Transformation of Old Urban Areas
Article 23 Development of new urban areas and transformation of old urban areas must adhere to the principles of unified planning, rational arrangement, adaptation to local conditions and whole range of construction. The selection and fixing of the sites for various construction projects may not hamper the growth of a city, do harm to its safety, pollute or damage its environment or adversely affect the harmony of its various functions.
Article 24 Any newly built railway marshalling station, railway freight main line, transit highway, airport, important military facility and so on shall be kept away from the urban areas.
For construction of any port, the rational allocation and utilization of the urban shoreline shall be taken into consideration and the land use for urban living shoreline shall be guarantee.
Article 25 Development of new urban areas shall have construction conditions available in water resource, energy, traffic, fire-fighting and so on, and shall be kept away from underground mineral reserves and underground cultural relics and historic sites.
Article 26 Development of new urban areas shall make rational use of the city’s existing facilities.
Article 27 Transformation of old urban areas shall follow the principles of enhancing maintenance, making rational utilization, adjusting arrangement and achieving gradual improvement. Such transformation shall be unified in planning and implemented in stages to gradually improve the conditions for living, traffic and transportation, reinforce infrastructure and public facilities construction and raise the comprehensive functions of the city.
Chapter IV Implementation of City Planning
Article 28 The people’s government of a city shall promulgate its city planning after it has been approved.
Article 29 The land use and various construction projects within the planning areas of a city must conform to city planning and be subject to planning management.
Article 30 The siting and lay out for any construction projects within the planning areas of a city must conform to city planning. The design task statement must be attached with an opinion sheet on siting by the competent administrative department in charge of city planning when it is submitted for approval.
Article 31 When any unit needs to apply for use of land for construction purpose within the planning areas of a city, it must have the relevant documents on the said project approved by the State. It shall submit an application for siting to the competent administrative department in charge of city planning and the same department shall check and ratify the location and boundary of the land for construction, propose the planning design conditions and issue the license for planned use of land for construction. After any construction unit or individual obtains the license for planned use of land for construction, it may apply to the land management department of the local people’s government above county level for use of land. When the people’s government above county level examines and approves the application, the land management department will appropriate the land.
Article 32 When any construction unit constructs, enlarges and renovates buildings, structures, roads, pipelines or other engineering facilities, it must hold relevant approval documents to submit an application to the administrative department in charge of city planning. The said competent administrative department will check and issue the construction project planning license on the basis of the design planning requirements imposed in city planning. Any construction unit or individual may not apply for and handle the formalities in connection with commencement of construction until it or he obtains the license for construction engineering planning and other relevant approval documents.
Article 33 Any temporary building constructed within the planning areas of a city must be removed in the approved time limit for use. The specific planning management methods for temporary buildings and temporary land for use shall be enacted by the people’s government of a province, autonomous region or a municipality directly under the central government.
It is prohibited to construct permanent buildings, structures and other facilities on the land approved for temporary use.
Article 34 Every unit and individual must obey the land use adjustment decision made by the local people’s government on the basis of city planning.
Article 35 No unit or individual may occupy any road, square, green land or high voltage power supply corridor or occupy any ground area above underground pipelines for construction.
Article 36 Excavation of sand, stone and earth within the planning areas of a city must be subject to approval by the relevant competent administrative department and may not do any damage to the city’s environment or adversely affect implementation of city planning.
Article 37 The administrative department in charge of city planning shall have the right to make inspections on any construction works within the planning areas for conformance to planning requirements. The inspected party shall provide factual information and necessary materials. The inspecting party shall have the duty to keep technical and business secrets for the inspected party.
Article 38 The competent administrative department in charge of city planning may take part in completion acceptance of any important construction projects within the planning areas of a city. The construction unit shall submit the materials in connection with completion of any construction projects within the planning areas to the competent administrative department in charge of city planning within six months after completion acceptance.
Chapter V Legal Responsibilities
Article 39 If any construction unit obtains the approval document for use of and occupies any land for construction purpose within an urban planning area without obtaining the license for planned use of land for construction, the said approval document is invalid and the local people’s government above county level shall order the construction unit to return the occupied land.
Article 40 If any construction unit carries out construction activities within the planning areas of a city without obtaining the construction project planning license or in violation of the provisions of the construction project planning license and seriously affects city planning, the competent administrative department in charge of city planning under the local people’s government above county level shall order it to stop the construction and remove the illegal buildings, structures or other facilities within a time limit or shall confiscate such buildings, structures or facilities. In case the said projects in violation of city planning can be corrected in some way, the competent administrative department in charge of city planning under the local people’s government above county level shall set a definite time limit for such correction and impose a fine for it.
Article 41 In case any construction unit fails to obtain the planning license for any construction objects or carries out construction activities in violation of the stipulations set out in the planning license for construction activities, the responsible person(s) shall be given administrative discipline measure by his unit or by the higher department in charge.
Articled 42 In case the person concerned refuses to accept such discipline measure, he may, within 15 days from the date of receiving the punishment notice, submit a reconsideration application to the competent administrative department which is higher than the one that has made the punishment decision. In case he refuses to accept the reconsideration decision, the person concerned may, within 15 days from the date of receiving the reconsideration decision, file a suit to a people’s court. The person concerned may also, with 15 days after the date of receiving the punishment notice, directly institute legal proceedings in a people’s court. In case the person concerned fails to apply for reconsideration, file a suit to a people’s court or comply with the punishment decision after the specified time limit is passed, the department that has made the punishment decision shall apply to a people’s court for forced execution the decision.
Article 43 In case any staff member of the competent administrative department in charge of city planning neglects his duties, abuses his power and position or pays favoritism and commits irregularities, the unit where he works or the higher competent administrative department shall give him the administrative discipline measure. In case he commits a crime, he shall be prosecuted for his criminal liability according to the law.
Chapter VI Supplementary Provisions
Article 44 The small residential place in the industrial and mining area where the organizational system of town is not established shall comply with city planning by reference to this Law.
Article 45 The competent administrative department in charge of city planning under the State Council shall formulate the regulations of implementation according to this Law and submit the regulations to the State Council for approval before they are put into effect.
The Standing Committee of the People’s Congress of each province, autonomous region and municipality directly under the central government may formulate measures of implementation according to this Law.
Article 46 This Law shall go into effect as of April 1, 1990. The “City Planning Regulations” issued by the State Council shall be annulled simultaneously. |
