Protection Of Historic Buildings And Historic District, Guangzhou City, Way

Original Language Title: 广州市历史建筑和历史风貌区保护办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399508.shtml

Protection of historic buildings and historic district, Guangzhou City, way

    (November 25, 2013 Executive meeting of the people's Government of Guangzhou City, the 14th 92 times by people's Government of Guangzhou City, December 24, 2013 to 98th released since February 1, 2014) Chapter I General provisions

    First in order to enhance the city's history construction and protection and utilization of historic district, promote the coordinated development of urban construction and cultural, in accordance with the People's Republic of China urban and rural planning law and the regulations on protection of historical and cultural cities towns villages, the Guangdong provincial capital Town Planning Ordinance and other provisions of the relevant laws and regulations, combined with the city's actual, these measures are formulated.

Second approach applies within the administrative area of the city of historic buildings and the historic district of protection activities.

    Have been declared cultural relic protection unit, registered immovable cultural relics of the building (structure) and have been declared of historical and cultural blocks lots of protection, in accordance with the heritage and the protection of historical and cultural blocks related laws and regulations shall apply.

    Article III the protection of historic buildings and historic district, shall follow the protection, rescue first, reasonable use and strengthening of management principles.

Fourth of municipal, district (county-level cities) people's Governments should strengthen the protection of historic buildings and the historic district's leadership, mobilize social forces to participate in the protection of historic buildings and historic districts, and provide the necessary policy support and funding.

Urban and rural planning departments, land and housing management administration of cultural relics departments are responsible for historic buildings and historic district protection and supervision and management.

    Urban management, construction, administration for industry and commerce, public security fire control institutions and comprehensive urban management enforcement authority shall, in accordance with their respective responsibilities, to coordinate the implementation of these measures. Fifth article of the city to establish a district (county-level cities) people's Government as a territorial responsibility, street and town Governments for routine inspections, on-site protection of the subject of cultural heritage protection linkage system. Heritage, urban and rural planning, construction, land and housing management administration and comprehensive urban management enforcement authority shall, in accordance with the requirements of the cultural heritage protection linkage system implementation of historic buildings and the historic district of day-to-day monitoring and protection work.

Cultural heritage protection linkage system developed by the municipal people's Government.

    Municipal, district (county-level cities) people's Governments shall establish accountability system for protection of historic buildings, historic district, historic buildings, historic district protection as an important part of the people's Governments at the corresponding level test.

Sixth section responsible for the protection of historic buildings should be in accordance with the relevant provisions of the measures undertaken the responsibility to protect.

    Any unit and individual have the right to historic buildings and the historic district to protect views and recommendations; right to damage, damage to historic buildings and the historic district to discourage and report behavior. Seventh of municipal, district (county-level cities) people's Governments shall set up a special fund for the protection of historic buildings and historic district.

Major sources of funding include:

(A) the Government arranged special funds.

(B) urban renewal, land revenue collected in a certain percentage of funds.

(C) the transfer of State-owned historic buildings, rent, income from exhibitions or by other means.

(D) funds raised according to law.

    Special Fund for the protection of historic buildings and historic district by the city, district and County Municipal People's Government set up a special account, earmarked shall not be diverted to any other use, and use of the funds each year to the public, subject to public supervision.

Eighth special fund for the protection of historic buildings and historic district for the following purposes:

(A) the required financial costs borne by the Government, including censuses, surveying, identification, and description of the sign-making.

(B) State-owned historic building repairs.

(C) subsidies for non-State-owned historic building repairs.

(D) the protection of historic buildings and historic district research and planning of science and technology.

    (V) historic buildings and historic district make a significant contribution to the unit or individual awards.

Nineth to encourage citizens, legal persons or other organizations established according to law of historic buildings and the historic district to protect the Community Fund.

    Citizens, legal persons and other organizations are encouraged to support, providing technical services, such as participation in the city, historic buildings and the protection of the historic district.

    Chapter II determination of historic buildings and historic district

Article tenth built more than 30 years and are not listed as cultural relics protection units, have not registered immovable cultural relics building (structures), and any of the following circumstances, you can be sure of an historic building:

(A) reflect the Guangzhou cultural and folk traditions, with specific characteristics, and geographical characteristics.

(B) architectural styles, structures, materials, construction techniques reflect the history and culture of regional architecture or engineering technology characteristics, artistic or scientific value.

(C) with the important political, economic, cultural, military and other historical events or famous people related to the representative buildings (structures).

(D) representative, landmarks or works of the famous architect.

(E) other building with historical and cultural significance (structure), municipal infrastructure, landscaping, etc.

    Although built less than 30 years, but one of the characters in the preceding paragraph, highlight local characteristics of the times building (structures), and can also be identified as a historical building.

    11th space layout, landscape forms, architectural style, and so completely embody local characteristics of regional culture of a certain historical period, with a certain scale, but has not yet reached the historic standard or has not been announced for historic areas can be identified as a historic district. 12th of municipal urban planning authorities, cultural Administrative Department shall, in conjunction with land and housing management, construction, administration, and Organization (county-level cities) people's Government has plans to carry out census of cultural heritage. Census results after assessment by experts, form the protection of immovable cultural heritage trail.

Local area (county-level cities) people's Governments shall protect the protection of immovable cultural heritage trail, and to inform the people of the responsibility to protect, and subdistrict offices, Township people's Governments, the neighborhood offices, Township people's Governments are responsible for daily inspection and protection.

Protection of immovable cultural heritage trail in accordance with the following procedure:

(A) meet the heritage or historic standard, by the cultural administrative department or urban planning departments in accordance with heritage or protection of historical and cultural blocks in the relevant provisions of the Declaration.

(B) does not meet the cultural relics or historic standard, but the approach set forth in tenth and 11th standard, by the Department of town and country planning in historical buildings or historic district to protect the relevant provisions of the Declaration.

    (C) has failed to meet the standards of cultural relics and historic buildings, the local area (county-level cities) people registered as traditional style building, in accordance with the relevant provisions of traditional style building in the city for protection. Before the 13th House is imposed by the Department in the collection of housing, urban planning departments should be sure that the block historic buildings, historic district census; pending census of historic buildings, historic district, urban and Rural Planning Department shall, in conjunction with cultural relics, housing levy is imposed by the Administration before the housing organization (county-level cities) people's Government to complete its investigation.

Incomplete survey, shall not levy homes. Urban planning departments should block historic building protection requirements in the planning condition or the planning permit for construction drawings, set out in the annex.

    History building of ownership people agreed was levy or transformation of, housing levy sector or transformation subject should according to protection requirements will history building and levy plots within of other building together into levy compensation programme or transformation programme, and according to housing levy assessment approach assessment housing value, on history building ownership people give and levy plots within other building ownership people equal of compensation; history building ownership people not agreed was levy or transformation of, ownership people should according to protection requirements itself reasonable using. 14th no units and individuals found to have protective value of buildings can contribute to urban and Rural Planning Department and the cultural Administrative Department reports.

Town and country planning department and the Administrative Department for cultural relics after receiving the report, shall immediately notify the district and municipal people's Government at the county level, where the building advance protection area (county-level cities) people's Governments shall order the employer to stop construction activities and inform the neighborhood offices, town Government sent its staff to the scene to carry out routine inspections, and protection.

Town and country planning department and the Administrative Department for cultural relics verification, does not belong to the heritage of the building and meet one of the following situations shall be promptly sent staff to the scene to investigate, and expert review within 7 working days:

(A) cultural heritage survey of the building blocks have not yet been located.

(B) the building blocks, where cultural heritage survey conclusions were more than five years.

(C) a new evidence that the building of important political, economic, cultural, military and other historical events or famous people related to the representative buildings (structures). As specialists in the field will not be protected, and urban and rural planning area, where the competent authorities shall notify the building (county-level cities) people's Government lift the protection up front.

Assessment by experts should be protected, town and country planning department or seat of the cultural relics Administrative Department shall immediately notify the building area (county-level cities) people from the (county-level cities) shall inform the people of the responsibility to protect, and subdistrict offices, Township people's Governments; urban and rural planning departments, cultural Administrative Department in accordance with the provisions of article 12th, completed during the protected period to declare in advance. Advance the term of protection for urban and rural planning department or the Administrative Department for cultural relics to the region (county-level cities) shall give prior protection of 12 months from the date of notification, prior protection shall not be damaged or removed during the building, needed repairs in accordance with the provisions of article 25th.

    Due to prior damage caused by protection of the legitimate interests of entities or persons, shall be given compensation from the Government.
Article 15th in line with the approach set forth in tenth and 11th building (structure) or by the municipal urban planning departments together with the departments of administration of cultural relics provide review comments, city historical and cultural city bills and municipal approval, identified as historic buildings or historic district.

Identified historic building, historic district should be in accordance with the provisions of this article 17th setting protection flags to protect; protection elements such as line, there should be a corresponding into controlled detailed planning.

Historic buildings, districts, where the historic district (county-level cities) people's Governments shall protect the historic buildings and historic district, subdistrict offices, Township people's Governments should send officers to the scene to carry out routine inspections, and protection.

    Historic buildings should be identified in order to protect municipal people's Government list approved by the attention of the provincial government in the form of; municipal urban planning departments shall be approved by the provincial government's historic buildings and the historic district of the municipality to determine names, geographical, historical and other information on the political website or local news media, Government information to the public.

16th historic buildings and historic district established by law shall not be withdrawn without authorization.

Due to force majeure or changed circumstances need to be revoked, or needs to be updated for the following scenarios should be by the municipal urban planning departments in conjunction with heritage, land and Housing Administration Department, considered by the Municipal Commission of protection of historical and cultural cities, municipal Government determines:

(A) urban planning departments in conjunction with the Administrative Department for cultural relics under the reality of historic buildings and historic district for the assessment, verification, deemed it as a heritage or conservation of historical and cultural blocks.

    (B) in accordance with the provisions of this article 12th to 14th added historical buildings or historic district.

17th historic buildings, historic district protection flags set centrally by the municipal people's Government, by the Department of town and country planning organization (county-level cities) people's Government implementation.

    No unit or individual may unlawfully set, move, block, alter or damage protection signs.

    Chapter III protection of historical buildings

Article 18th appearance without changing the style of the premise, based on the values, characteristics, and the soundness of the building, the protection of historic buildings can be divided into the following two categories:

(A) the main façade, the main structure, layout and features decorative elements shall not alter the environment, history.

(B) reflect the historic characteristics of the site, materials, construction, finishes may not change.

    Urban planning departments should be based on protection of historic buildings called for historic building category protection, repair and promulgation and implementation of the technical specifications.

19th urban planning departments should be formulated in conjunction with the Administrative Department for cultural relics conservation plan of historic buildings, in accordance with the People's Republic of China Law on urban and rural planning after the 26th of the rules for public comment, and submitted to the municipal people's Government, and into controlled detailed planning.

Historic preservation planning in Government should be ratification within 30th of bulletins, information site or major local news media published and prominently posted in the region mainly drawings of historic buildings.

    Modify the historic preservation plan shall be executed in accordance with the provisions of the first paragraph of this article.

20th historic building protection plan shall include the following:

(A) historical data.

(B) the protection and utilization of principle.

(C) the scope of protection, the prohibition of sexual function and construction activities within the scope of protection control requirements when necessary may be delineated building control areas, and building construction activities within the control zone the control requirements.

(D) protection of historical building classification, utilization requirements.

(E) the protection of the space environment and landscape requirements.

    (F) other requirements and measures for protection of historic buildings. 21st in the context of historic preservation, not new building (structures). Due to the protection of historical buildings requires building auxiliary facilities, urban and rural planning should be approved by the competent authorities and the Administrative Department for cultural relics.

Prior to urban and rural planning authorities should be publicized.

    In the context of historic preservation, advertising, signs, shall conform to the historic preservation plan and install outdoor advertising, signs the relevant provisions.

22nd in the historical building construction within the control zone of new construction, expansion, renovation construction, should be in use, height, body weight, elevation, material, color and coordinated with historic buildings, may destroy the environmental character of the historic buildings.

    In the historical building construction within the control zone to build roads, underground works and other municipal utilities, should be based on historic preservation, planning to take effective protective measures, must not harm the historic buildings, destruction of the environment features.

23rd no unit or individual shall not be damaged or removed, relocated historic buildings without permission. Should as far as possible to implement in-situ protection of historical buildings.

According to law must be moved offsite protection or removal, should be organized by the urban planning departments together with the departments of administration of cultural relics experts, develop remedial measures, submitted to the provincial urban and Rural Planning Department in conjunction with the approval of the provincial cultural relics Department.

This section provides historical and architectural requirements for site protection, migration, and the construction unit included in the project budget. Migrated offsite protection of historic buildings after approval, the responsibility to protect people migrating protection programme should be developed, mapping of historic buildings, records, security assessment and site location work, urban and rural planning departments of cultural relics, land and Housing Administration approval before implementation.

    Migrated offsite protection programme has been completed, responsibility to protect people who apply to departments of urban and rural planning should be verified, verified before they can apply for registration of property rights and other procedure.

24th historical buildings of the responsibility to protect the people according to law and the restoration of historical buildings. Found with damaged historic buildings dangerous, the responsibility to protect is not repaired, town and country planning department shall promptly notify fulfils his obligation to repair the responsibility to protect.

Historic buildings identified as dangerous buildings,, renovation of historic buildings, shall, in accordance with the technical specifications and the provisions of the present article 25th for repairs.

For historic preservation, the responsible person shall be determined in accordance with the following:

(A) State-owned historic building, the custodian is the responsibility to protect people; no escrow people, the right people is the responsibility to protect people; the custodian, use per capita is not clear, land and housing management administration was protecting those responsible. (B) the non-State-owned historical buildings, its owner is the responsibility to protect people; the owner whose whereabouts are unknown or house ownership is not clear, the custodian is the responsibility to protect people; no custodian, housing was the responsibility to protect people.

    Except as otherwise agreed in the lease.

25th historical building daily maintenance and does not reflect the historical features of involved parts, materials, construction, finishes, minor repairs, its responsibility to protect, repair of historic buildings, shall, in accordance with the technical specifications required for repair. Circumstances set forth in the first paragraph of this article other than the renovation of historic buildings, its responsibility to protect should apply to departments of urban and rural planning of construction project planning permit and submit a qualified design according to the protection plan calls for historic buildings repair design.

Town and country planning department upon receipt of the application, shall consult the administration of cultural relics departments, and make a decision on whether to license.

    During the renovation of historic buildings, historic buildings the construction unit shall, in accordance with the approved construction project planning permit requirements for the construction, in live shows and protection of historical and architectural value, information and real-life renovation renderings. Article 26th historic building repair costs, borne by the responsibility to protect.

Does provide for the responsibility to protect historic buildings for renovation or repairs to historic buildings between the responsibility to protect people who cannot agree, seat of the historical building (county-level cities) people can trust unit to repair, the cost borne by the responsibility to protect. Non-State historic preservation responsibilities assume there is difficulty in repair costs, can apply for grants to district and municipal people's Government at the county level, district (county-level cities) people according to historical preservation need and the responsibility to protect people in financial difficulty to be subsidies.

    Specific measures shall be formulated separately by the municipal people's Government.

27th historic preservation responsibilities people can legally rational utilization of historic buildings, town and country planning department and asked to provide protection, repair information and technical guidance.

Encourages and supports responsibility to protect people who use historical and architectural development of cultural creativity, tourism, cultural, open galleries, museums, business activities, as well as other forms of the protection and rational utilization of historic buildings, but it should comply with the relevant technical standards and norms, and in accordance with the relevant provisions of the approval procedures.

    District, where the historical building (county-level cities) people can buy historic buildings, and through open tender selection with historic preservation requirements of, inter alia, to the historic building protection and reasonable utilization.

28th use shall not violate the conservation plan of historic buildings; shall not be stacked in the historic building of flammable, explosive and corrosive substances should not be arbitrarily increased load and damage to the main load-bearing structure or jeopardize the safety of construction activities. Status use of violation of the conservation plan of historic buildings, shall, within the prescribed period, adjusted status use of violation of the conservation plan of historic buildings housing set out with proof of ownership of housing, adjusted to the historic building protected by law responsible for caused direct losses should be compensated.

    Municipal people's Government in accordance with the types of historic buildings, locations and uses a compensation guideline standard, seat of the historical building (county-level cities) people's Government according to the guidance standard, or reasonable and appropriate principles and protecting those responsible consultations to determine the specific amounts of compensation.

    29th article in yet for culture heritage census of plots within, has made effective of planning approved file and land transfer or allocated not over five years of construction project, starts Qian by census found history building, and for history building protection led to the construction project total area reduced of, units can to urban and rural planning competent sector application will reduced of area, value replacement to the units owned property, and planning uses similar of other plots. Article 30th adjustment due to the protection of historical buildings area, building density, ratio of green space by the municipal urban planning departments recognized may be given appropriate incentives.

Specific measures shall be formulated separately by the municipal urban planning departments, and submitted to the municipal people's Government for approval before implementation.
In historic building conservation and management units and individuals that have achieved outstanding successes in work, and in the construction of effective protection and rational utilization of historic buildings in the project construction, the historic building is located (county-level cities) Government reward.

    31st urban planning departments should do a historical building surveying, pictures, images shot work and establish archives of historic buildings.

Historic archive should include the following:

(A) the historical and architectural survey of relevant information.

(B) the artistic characteristics of the historical building, historical feature, history, technology, and more.

(C) the status and changes of ownership.

(D) planning, surveying and mapping information, such as information on urban and rural planning.

(E) repairs, the migration process in the form of text, drawings, photos, video and other information.

(F) other information associated with the historic buildings.

Archive of historic buildings in the historical and architectural features, history, features, history, images and other information, can be made available for public inspection. To repair historic buildings or migrate, responsibility to protect persons or units shall do survey and mapping, photography, save information, such as your work, and submitted to the urban planning departments in a timely manner.

Land and housing management administration historical buildings should be using information and ownership changes cc: urban planning departments in a timely manner, note in the register of historic buildings and property rights related information.

    Original survey data are incomplete or missing of historic buildings and urban planning departments shall appoint a qualified historic buildings by surveying and mapping unit of surveying and mapping, surveying and mapping information in archives management of historic buildings.

    Chapter fourth historic district protection

Article 32nd urban planning departments formulated in conjunction with the Administrative Department for cultural relics preservation planning for the historic district, in accordance with the People's Republic of China town and country planning act of 26th of the rules for public comment, submitted to the municipal people's Government, and into controlled detailed planning.

Historic district preservation planning in Government should be ratification within 30th of bulletins, information site or major local news media reported.

    Modify the historic district protection plan shall be executed in accordance with the provisions of the first paragraph of this article.

33rd historic district protection plan shall include the following:

(A) the historical and cultural overview and assessment of value.

(B) the protection and utilization of principle.

(C) the core protected areas and building control zone boundary and the corresponding control measures.

(D) the nature of land use planning control and adjustment.

(V) history in the region as a whole to protect control requirements, and various buildings (structures), classification of the elements of the environment protection requirements.

(F) improve the local living environment and promote regional energy plan.

    (VII) other requirements and measures protected historic district.

34th core historic district within the scope of protection of article-building activities shall comply with the following requirements:

(A) any construction activities do not change the overall style historic district.

(B) construction and expansion activities shall meet the requirements of preservation planning for the historic district.

(C) road-building should maintain or restore its original road pattern and landscape characteristics.

    (D) shall not interfere with historic areas protection of industrial enterprises, against historic district preservation planning for the protection of industrial enterprises should be the basis for a planned move or renovation.

35th historic district building construction activities within the control zone shall meet the preservation planning for the historic district, and to the following provisions:

(A) the new construction, expansion, renovation construction, height, volume, color, material with the historic harmony.

(B) the construction, expansion, rebuilding roads, may destroy the historic character. (C) not new environmental facilities shall not carry out activities may contaminate the environment of historic district.

    Existing facilities for the historic district and its environmental pollution, should be prescribed period of time. 36th in addition to historic buildings within the historic district to protect other buildings identified as dangerous partial or entire dilapidated House, approval by the urban planning departments can be rebuilt, and cannot increase the floor area and building height, basal area and change SI can be extended to relations, and shall meet the requirements of preservation planning for the historic district, harmony with the surrounding environment.

    In addition to involve State secrets, business secrets or personal privacy, directly affect the vital interests of others, prior to approval by the competent departments in the urban and rural planning should be public.

37th of municipal, district (county-level cities) people's Government shall, in accordance with the protection planning, prioritization and organization construction, perfect historic district roads, water supply, drainage, electricity, sanitation, fire and other supporting infrastructure, and keep the local traditional style. Historic district within the scope of protection of the fire services installations, fire exits, shall be in accordance with the relevant technical standards and norms set on fire.

    Due to protection needs cannot be in accordance with the standards and norms set by public security fire control institutions in conjunction with the town and country planning, land and housing, cultural relics administration departments formulate corresponding fire safety and security programme.

    Article 38th land, housing historic district protection needs, in accordance with the People's Republic of China Law on land management and the State-owned housing on the land expropriation and compensation provisions of the regulation implementation of expropriation and compensation.

    39th article in yet for history style district census of regional within, has made effective of planning approved file and land transfer or allocated not over five years of construction project, starts Qian by census determine the construction project is located in history style district within, and for history style district protection led to the construction project total area reduced of, units can to urban and rural planning competent sector application will reduced of area, value replacement to the units owned property, and planning uses similar of other plots.

    The fifth chapter legal liability

    40th disobey article 17th, arbitrarily set, moving, altering or destroying historic buildings, historic district signs, consists of comprehensive urban management enforcement agencies a rectification, and units can be fined not more than 5000 Yuan and 20,000 yuan for individuals between 1000 and 500 Yuan Yuan fine.

One of the 41st under any of the following acts, illegal construction, according to the Guangzhou City investigating the relevant provisions of the Ordinance shall be investigated and dealt with:

(A) in violation of the first paragraph of the article 21st, without prior approval in the context of historic preservation, the new building (structures).

(B) the breach of paragraph II of this article 25th, historic preservation responsibility has not received a construction project planning permit or not in accordance with the approved construction project planning permit for repairs.

(Iii) violated these measures article 34th in the historic core construction activities within the scope of protection of the area.

(D) violation of these measures article 35th in the historic district of building construction activities within the control zone.

    Violate the article 34th (d) and article 35th (c) provision, the core historic district protection or building control within the historic district of environmental pollution caused by construction activities, be investigated and prosecuted in accordance with environmental protection.

    42nd article violation this approach 21st article second paragraph provides, in history building protection range within set of advertising, and signs, not meet history building protection planning and this city outdoor advertising, and signs set about provides of, by city management integrated law enforcement organ according to history culture city name town name village Protection Ordinance 43rd article or Guangzhou outdoor advertising and signs set management approach 31st article, and 34th article of provides be punishment.

    43rd in violation of the first paragraph of article 23rd, damaged or removed, relocated historic buildings without authorization, consists of comprehensive urban management enforcement agencies ordered to immediately stop the illegal practice, ordered to make restitution or to take other remedial measures, and shall be subject to penalties; has illegally obtained, confiscation of illegal income losses, legally undertake the compensation responsibility.

    44th article violation this approach 25th article third paragraph of provides, history building construction units not according to by approved of construction engineering planning license for construction or not according to provides in site show history building of protection value, information and real repair effect figure of, by construction administration sector ordered deadline corrected, and can on construction units at 30,000 yuan above 50,000 yuan following of fine, included enterprise integrated integrity evaluation system blacklist. 45th article violation this approach 28th article first paragraph provides, in history building within store flammable, and easy burst and corrosion sex, dangerous and harmful items of, by police organ fire institutions in accordance with fire management legal, and regulations of provides punishment; damaged history building subject bearing structure, against history building security of, by construction administration sector or land housing administration sector ordered deadline corrected, and according to construction engineering quality management Ordinance or residential indoor decorative decoration management approach of provides be punishment

    Belonging to illegal construction, consists of comprehensive urban management enforcement agencies investigate.

    46th article violates these rules, and relevant functional departments and their staff to perform functions of supervision, found violations is not investigated or other acts of abuse of power, negligence, malpractice, be disciplined according to law; a suspected crime, judicial organs shall investigate the criminal liability.

    The sixth chapter supplementary articles 47th article of the rules take effect on February 1, 2014.