Guangzhou Urban Planning Procedure

Original Language Title: 广州市城乡规划程序规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367200.shtml

Guangzhou urban planning procedure

    (Executive meeting of the people's Government of Guangzhou City, September 13, 2011 13th 147 times by October 21, 2011 Guangzhou City people's Government, the 59th published come into force December 1, 2011) Chapter I General provisions

    First to strengthen the management of urban and rural planning, specification of urban and rural planning and management procedures, and ensure implementation of urban and rural planning, in accordance with the People's Republic of China urban and rural planning law and the regulations on the management of controlled detailed planning of the city, Guangdong Province, and other laws and regulations, combined with the city's actual, these provisions are formulated.

    Article within the administrative area of the city and rural planning develop, modify, implement, control and inspection procedures and the application of this provision.

    Third, urban and rural planning authorities are responsible for organizing the implementation of these provisions.

    Chapter II formulation of urban and rural planning

    Of the fourth article of the municipal master plan developed, modify procedures in accordance with the People's Republic of China town and country planning Act and related laws, rules and regulations. Article fifth professional authorities should be based on the national economic and social development planning, urban planning and land use planning professional (Special) development plan.

Among those, industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism, natural resources and development of professional (Special) development planning, environmental impact assessment according to law. Professional prepared or modified (specific) development plan related to spatial layout and site requirements, public display of draft planning and public consultation.

    By the municipal development and reform, urban and rural planning, land and resources administration following a review by the various professional departments submitted to the municipal people's Government for approval, and by the Department of town and country planning into urban and rural planning. Sixth overall planning of county-level city and county municipalities of town master plan, formulated by the municipal people's Government at the county level, after review by the municipal people's Government submitted to the provincial people's Government for approval.

Before the master plan submitted to the municipal people's Government review should be considered by the Standing Committee of the municipal people's Congress at county level, consideration of comments to the county people's Government process. Other towns of the County General plan, formulated by the people's Government, reported the location of county-level people's Government for approval.

Town planning in local county-level city people's Government approval should be first considered by the town people's Congress considered comments to the town government processing. Modifications before the master planning of county-level cities and county-level cities in their town, prepared to summarize the implementation authority shall, on the original plan, reports to the original examination and approval organ amendment relates to overall planning compulsory content, thematic reports should be submitted to the original examination and approval organ, by consent, before preparation of the modified programme.

Revised master plan of county-level cities and county-level cities in their town, shall, in accordance with the procedure for approval of first to second paragraph of this article.

    In the process of preparation of the master plan or modify, prepare organs shall, in accordance with the provisions of this article 12th will be publicized on the draft plan, feasibility study meeting, seminars and other means to seek professional, expert and public opinion, and revise and improve it according to the comments on the draft plan.

Article seventh controlled detailed planning should be guided by the following procedure:

(A) drawing up plans.

Municipal and county-level cities urban planning departments in accordance with urban planning and urban development needs, develop controlled detailed planning, scheduling, and reported to the people's Government at the DOE.

(B) organizations.

City has jurisdiction over the zone control detailed plan formulated by the municipal urban planning departments according to the master plan; the county seat of the Municipal Government of the town (Street) controlled detailed planning of urban and rural planning departments by county-level city under the overall planning organizations; county other the controlled detailed planning of the town by the town Government formulated according to the master plan.

County-level city in the region involving urban planning control in Guangzhou urban critical infrastructure, public facilities and controlled detailed planning, provided by the municipal urban planning departments of planning conditions.

(C) publicity.

Controlled detailed planning prior to submission review and approval, prepare organs shall, in accordance with the provisions of this article 12th will be publicized on the draft plan, feasibility study meeting, hearing or by other means, consult a professional, expert and public views of relevant units, and according to comments on draft regulatory detailed planning can be modified.

(D) review.

Controlled detailed planning by the city's various districts, urban and Rural Planning Department reviews; county seat of the Municipal Government of the town (Street), county-level city under the jurisdiction of the town of controlled detailed planning, review by the county-level urban planning departments.

Controlled detailed planning of public works planning, should consist of municipal engineering design and management experience of the Joint Review Committee of experts with relevant professional authorities.

(V) for consideration.

Organization authority shall by controlled detailed planning of the review of the draft, review and public participation report was submitted to the municipal or county-level city urban planning Committee.

Draft regulatory detailed planning at the Town Planning Board has significant objections, considered not adopted, draft amendments formulated by the organization planning and review again after the publicity, submitted to the Town Planning Board for consideration.

(F) approval. Controlled detailed planning of the city's districts by the municipal urban planning after the consideration by the Committee, submitted to the municipal people's Government. Overall planning of county-level city belonging to the city, important, important control areas and infrastructure, draft regulatory detailed planning of public facilities in the city urban planning Committee before they submit, should obtain written consent of the municipal urban planning departments.

County-level city within the controlled detailed planning in other parts of the draft, considered by the Town Planning Board, county-level cities following the adoption of county-level people's Government.

(G) the record.

    Controlled detailed planning approval submitted to the Standing Committee of the people's congresses and people's Governments at a higher level for the record. Article eighth involving the controlled detailed planning and management unit in the overall index, asked to make changes, organization bodies shall demonstrate the necessity of modifying, seeking the views of interested persons within the planning unit and submitted to the original examination and approval organ special report, after the original examination and approval organs, preparation of the modified programme.

Controlled detailed planning and management unit after the adoption of amendments considered by the Town Planning Board, city people's Government.

Controlled detailed planning changes involving urban planning, town planning compulsory content, you should modify the master plan. Involving the controlled detailed planning and management of internal control unit index, adjusted to the demands, except in the case provided in Nineth, by the relevant Government Department or establishment to the authority a written application of the land, together with planning to modify report and draft. By the Department of town and country planning based on written request and the surrounding planning and organization planning, adjustment programmes. Planning to modify report and draft and after the adoption of adjustment programmes considered by the Town Planning Board, submitted to the original examination and approval authority for approval. Urban planning departments should be based on an independent site index adjustment of regulatory detailed planning and management unit indicators of overall balance.

On the controlled detailed planning and management of internal control, required adjustments, shall not apply to public transfer provides the construction project of State-owned land.

    This section, the term "controlled detailed planning planning management unit" refers to a combination of administrative Street boundary delineation, natural factors such as geographical boundaries, made up of multiple planning, land planning and management scope.

Nineth under any of the following circumstances, controlled detailed planning of the original examination and approval authority may delegate urban planning departments on controlled detailed planning for local fix:

(A) project implementation needs, without increasing the total area under the premise of the original plans, correction line road and municipal facilities, part of the land use planning controls along the technical parameters and indicators.

(B) non-essential rate used to adjust the density of buildings, green space, and the surrounding landscape but does not increase the total floor space of the original plan.

    (C) for the controlled detailed planning mistakes require correction of information controlled detailed planning related information.

Article tenth of controlled detailed planning of partial amendments shall follow the following procedures:

(A) the employer (public sector), land use rights apply in writing to the town and country planning department.

(B) the reasons for applying urban planning departments audited, in line with article Nineth, based on the original examination and approval organ commissioned, agreed to the preparation of controlled detailed planning of local correction scheme.

(C) urban planning departments to review the controlled detailed planning of local correction scheme, involving relevant stakeholders interests an amended scheme should be publicized and fully consider public feedback during the review process.

    (D) urban planning departments according to the original examination and approval organ commissioned by original examination and approval authorities make a decision on whether to approve, on behalf of. 11th district people's government organizations to prepare village layout planning of the area where, after review by the district people's Government, the urban and rural planning authorities.

County village layout plan formulated by the County Planning Department, county-level people's Government for approval. Town Government formulated according to the master plan, the village layout planning village plan, reported to the district and County Municipal People's Government for approval.

Village plans submitted for approval shall be agreed by the villagers ' meetings or villagers ' representative meetings to discuss, and in accordance with the provisions of the present article 12th open for public comment.

    Modify the village planning and the approval procedures for approval in accordance with the provisions of the preceding paragraph of this article.

12th urban overall planning, town planning, regulatory detailed planning and village planning and governmental organizations for the preparation of detailed construction plans submitted for approval, except State secrets cases, urban and rural planning organization authority shall publicly display the draft, for public comment. Public display of the draft planning time on 30th, during the exhibition period, no unit or individual can organize and make suggestions and recommendations.

    Organization authority shall adopt to the deliberative bodies or an explanation and approval authorities, inadmissible and recommendations should be justified.

    13th urban and rural planning organization authority shall, from the date of approval of the urban and rural planning in the 30th Government websites or major local news media, Government information published upon approval of urban and rural planning, and available for public inspection in the form open for a long time, but the law and regulations should not be excluded.

    Chapter III implementation of urban and rural planning
Section I General provisions of the urban and rural planning

    14th urban planning departments and agencies should be published in the Office of urban and rural planning and management business basis, duration and admissibility criteria. Applicants apply for urban and rural planning and management service, prepare related material shall, in accordance with accepted standards. Applicants can apply for or may entrust one or two agents to handle.

    Applicants for two or more natural persons, legal persons or other organizations, in person, or entrusts an agent to handle separately or jointly entrusted agent to handle.

    15th planned construction project management of all types of documentation provided by the applicant of the electronic document and electronic file for the urban and rural planning, should meet the standards of urban and Rural Planning Department announced.

16th urban planning departments to business applications, should be made according to the following circumstances:

(A) the application does not need to be approved by the Executive or administrative license according to law, shall inform the applicant immediately.

(B) the application does not fall within the ambit of urban and Rural Planning Department, shall immediately make a decision inadmissible, and inform the applicant apply to the relevant administrative authority.

(C) application errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot.

(D) the applicant concealed relevant information or provide false materials, inadmissibility decision could be taken.

(E) urban planning departments for statutory reasons decided to suspended a particular kind of business applications or suspended a particular applicant's application and provisional inadmissibility decision could be taken. (Vi) administrative permit extension application, the applicant shall on the application of the administrative license expires 30th.

Late applications, urban planning departments inadmissibility decision could be taken, and inform the applicant to resubmit applications for administrative license.

(G) application of administrative examination and approval or administrative license materials are incomplete or not in compliance with the statutory form, shall, on the spot or within 5 working days once inform all applicants need to correct the content, fails to inform the, shall be accepted as of the date of receipt of the application materials.

(H) applications fall within the ambit of urban and Rural Planning Department, application materials are complete and comply with the statutory format, or the applicant submitted in accordance with the requirements of urban planning departments all corrected application materials, and there is no (iv), (v), (vi) provision situation, urban and rural planning authority shall make a decision on admissibility.

    Urban planning departments to admissibility or inadmissibility decisions, certificate with a special seal and dated in this sector should be in written form.

17th the applicant when completing application forms and instruments of approval documents, administrative punishment should I choose service:

(A) direct payment, the applicant or his agent by the identity documents, power of Attorney way directly to the town and country planning department.

(B) the post courier, that applicant has appointed urban planning departments by way of courier delivery.

    Persons reporting illegal construction directly receive administrative penalty served files, but had not received within a specified duration, urban planning departments through courier service, liens or notices.

    Article 18th construction land in urban planning departments in receiving planning permission, construction project planning permit, building planning permission application, matters relating to applications should be publicized in the Government information website.

Article 19th involving State secrets, business secrets or individual privacy other than directly related to the vital interests of others over the following administrative permits, administrative approval items, town and country planning department before making a decision on major local newspapers or public before this batch on the Department's Web site:

(A) the audited construction project involving the urban transformation of the old city of constructional detailed planning or construction general layout design scheme.

(B) modify the pre-sale or sale of real estate development project of constructional detailed planning or construction general layout design scheme.

(C) sale or sales of real estate development projects in the renovation or expansion projects of construction project planning permit.

(D) has a symbolic significance of the city's major construction projects planning permission.

(E) urban planning departments directly related to others is considered significant interests or other administrative license, the administrative examination and approval matters of public interest.

Pre-sale or sale of real estate development projects in accordance with the preceding paragraph (b) provides that the detailed construction plan or scheme of a construction project master plan changes prior to publication, does not need to be in accordance with the preceding paragraph (c) provides construction planning permission before publication. Publicity before information can be in Government websites, in land prominent positions within the planned red line set up public or published in major local newspapers, exhibitions and other public signs.

    Urban planning departments according to the different publicity content, purpose, choose one or several means of easy public access to publicity, publicity in 10th. 20th laws, regulations, the implementation of administrative licensing hearing matters, regulations, or other urban planning departments need to hearing major administrative licensing matters concerning public interest, urban planning departments should be announced to the public, and hold a hearing.

Involve State secrets, business secrets or personal privacy exception.

Urban and rural planning competent sector on 19th article provides of administrative license application for review Shi, found administrative license matters directly relationship others major interests of, should told applicants and interest relationship people enjoys requirements hearing of right; applicants, and interest relationship people in was told hearing right of day up 5th within proposed hearing application of, urban and rural planning competent sector should since received application of day up in 15 a days within organization hearing.

    Hearing procedures pursuant to the People's Republic of China on administrative licensing law, the regulations on the construction of administrative license hearings of the relevant provisions.

    Article 21st involving State secrets, business secrets or individual privacy outside the administrative examination and approval, licensing, shall, within 15 working days from the date of delivery of Government information published on the website, and to facilitate public access to the way open for a long time.

22nd urban planning departments to accept business applications, the following processing time limit shall be in accordance with the decision:

(A) planning permission for construction business management for a period of 30 working days.

(B) construction project planning permit service, processing time limit of 30 working days.

(C) the project of municipal conditions apply for business, processing time limit of 20 working days.

(D) municipal engineering design review applications for business, processing time limit of 30 working days.

(E) the rural construction planning permission service, processing time limit of 20 working days.

(Vi) acceptance of construction project planning service, processing time limit of 20 working days.

Management did not take a decision within the time limit provided for in the preceding paragraph, approved by the head of the urban planning departments, can be extended by 10 working days, and shall inform the applicant of the reasons for such further period.

    Administrative authority, after acceptance of the application before making a decision, law requires public notice, hearings, experts, specialists and other essential programs to directly influence the content, not included in processing time limit within the time required, but the time required for administrative authority shall inform the applicant in writing. Article 23rd according to the relevant departments of the State requires ratification or approval of the construction project, to offer the allocation of State-owned land use right, the unit or individual project site should be made within 2 years from the date of the submission by the development reform, land and housing administration, such as the approval document from the urban planning construction land use planning permits from the authorities.

Fails to apply for a planning permit for construction and not go through formalities for extension, project site submissions shall automatically cease. Unit or individual shall obtain the construction land within 1 year from the date of the planning permit applications for land and housing management administration.

Fails to apply for land and not go through formalities for extension, planning permit for construction purposes shall automatically cease. The unit or individual shall be made within 1 year from the date of the planning permit of construction engineering construction made (mining) licenses; law construction without the (mining) licenses shall be started within 1 year.

Fails to obtain construction (mining) license, start, and did not go through formalities for extension, construction project planning permit shall automatically cease.

    The unit or individual shall make rural construction planning permit within 1 year from the date of commencement, fails to start and does not go through the formalities for extension, rural construction planning permit shall automatically cease.

    24th construction units or individuals shall obtain the approval of construction project planning documents, failed to start within the period specified in the development and construction of its land after land and housing management administration identified as vacant land, disposed of in return or cancellation of approval of construction land, the construction project planning and approval documents shall automatically cease.

25th construction units or individuals need to extend the administrative examination and approval, administrative license validity period shall be submitted to the original examination and approval organ expires 30th apply for renewal, extension approved, extended period of not more than 6 months.

Original approval authority shall, within the administrative examination and approval, approvals prior to the expiry of the decision whether or not to grant an extension; fails to make a decision, seen as granting an extension.

    The unit or individual is not within its validity period expires 30th extension formalities to the original examination and approval organ for shall reapply for administrative license according to law.

    Section II construction planning management Article 26th ratification or approval is required in accordance with State establishment of construction projects, to provide State-owned land allocation unit submitted to the relevant authorities prior to ratification or approval, to the urban and rural planning should be issued by the competent authority for the selection report.

Allocation provides the construction project of State-owned land use right shall be subject to the States list of allocation of land force.

    City construction projects within the jurisdiction of the District selection report, issued by the municipal urban planning departments; the county-level city construction project the selection report, issued by the County Planning Department.
27th introduction of system of examination and approval of projects, the construction unit to the development and reform of administrative authorities to apply when the project proposal approval documents and can apply to both the urban and Rural Planning Department planning and site selection.

Of the implementation of the approved projects, the construction unit shall first obtain planning and site selection, land pre-trial and approval of environmental impact assessment, further development and reform of administrative procedures approved by the competent authorities apply for project application report.

    Project site submission included construction, construction projects, land use, planning and land, planning area, drawings and annotated; according to the planned management needs, you can set forth the conditions of project planning.

28th city has jurisdiction over the District of construction land use planning permits, issued by the municipal urban planning departments.

The construction of county-level land use planning permits, issued by the county-level urban planning departments which are in the urban master plan important construction projects in the region, construction planning, urban and rural planning, permit shall be submitted to the competent departments for examination and approval. Planning permit for construction include construction, construction projects, land use, planning boundaries, planning land area to red line in planning and building, construction land red-line boundary location coordinates in the figure should be national coordinates and coordinates marked in Guangzhou, no status of topographic maps or status of topographic maps are not updated, should be verified by the field line confirmation.

    According to the planned management needs of urban and rural planning department can provide the planning conditions.

29th to provide the construction project of State-owned land allocation, construction site, land pre-trial submissions, project approval, approval or for the record and other relevant documents to the town and country planning department in charge of land for construction of applications for planning permission, after validation, the urban and rural planning department construction land use planning permits, drawings and planning conditions.

    After obtaining the planning permit for construction units before they can apply to the land and housing management administration.

Article 30th transfer provides the construction project of State-owned land use right and urban planning departments should be based on land and housing management administration (land Department) requested planning conditions.

    Obtained by transfer of land use right of the unit before entering into a contract of State-owned land use right transfer and obtain project approvals, approval, after filing, to urban and rural planning departments receive the planning permit for construction.

    31st has been made in State-owned land use right certificate or apply for registration of State-owned land for construction, in its construction of the new building of the ground (structure) or the original building (structures) for expansion, renovation of buildings, State-owned land or property should be made against the ownership certificate of real estate apply to departments of urban and rural planning planning conditions.

Article 32nd has not yet been and acceptance of planning for construction projects, due to the following reasons apply for planning permit of construction land change units contained names, urban planning departments in verifying the information concerned to alter:

(A) restructuring, change of name registration, adjustment, and so on.

(B) through the transfer, the Court entered into force legal instruments effect of arbitral awards obtained State-owned land, arbitration institutions.

Original units have access to state-owned land use right certificate, applicants are encouraged to apply for State-owned land use right certificate after registration, and then apply for planning permit of construction land use change in company name.

    Has been and acceptance of planning for construction projects, land caused by any reason provided for in the first paragraph of name change, do not need to apply for planning permit of construction land use change in company name. Article 33rd construction planning permit shall not be carried out in the same segment.

History has been planning permit for construction of industrial land, Government reserve land, the "three old" used or where the Court effective legal instruments, arbitration services division of the arbitral award shall comply with town planning requirements, and in accordance with the original by the approval of construction detailed planning or construction engineering overall plan of the implementation of the programme.

    Arbitrating arbitration award or land for sale land Division, arbitral institutions, land and housing administration shall first seek the views of town and country planning department.

After 34th according to urban and rural planning, urban planning departments to change the planning permit for construction purposes in the annex to planning conditions, also informed the planning conditions will change according to law after the land and housing management administration and publicity at the same level. Exception of the provisions of the preceding paragraph, the unit or individual application to change conditions for planning, should be submitted to the original examination and approval organ.

Application to change conditions for planning, shall conform to the requirements of urban and rural planning and land management.

    Obtained through public transfer of State-owned land use right of the employer to apply for change of planning conditions of mandatory targets, urban planning departments shall not be approved.

    Section III construction project planning and management

    35th has the symbolic significance of the city's major construction projects, located in important areas of the city and is likely to affect the planning permission for construction of urban ecological landscape, as well as detailed construction of key construction projects planning, construction engineering design master plan, urban planning departments in front of the audited organization urban design study or expert review and public comments shall be solicited.

Article 36th in city and town planning areas in the construction, the unit or individual shall obtain the urban and rural planning, construction project planning permit issued by the competent authorities.

Belonging to the following range of buildings (structures), and the unit or individual can apply for a planning permit of construction engineering from, but it should be according to the sanitation standards and requirements of the relevant authorities construction:

(A) without increasing floor space, total building height, Number of floors, do not involve modifying the facade, structure, and change the nature of construction work, but except for the demolition and reconstruction.

(B) agro-scaffoldings and construction shed, the construction of the wall.

(C) in the urban and rural planning departments audited had detailed construction plan or scheme of a construction project master plan of the Park, construction of non-operational, for open space Pavilion, terrace, lounge, terrace, toilets, pool landscape, and no cover swimming pools, sculptures and garden ornaments, gates, guard houses and other building (structures).

(D) urban and rural planning departments audited had detailed construction plan or scheme of a construction project master plan of residential district, is not planning for road landscape pond, and no cover swimming pools, sculptures and garden ornaments, gates, guard houses and other building (structures).

(V) construction of houses and the other does not involve the construction of temporary housing.

(Vi) the following buildings outside of subsidiary structure, component:

1. to install security facilities, vertical pipes, curtain cleaning tower crane, building structures, such as air conditioning brackets.

2. for installation, connection municipal pipe network of underground structures and ancillary facilities such as septic tanks, sewage treatment tanks.

3. to install the lights, flagpole, audio docking station, as well as building components.

4. to install the radio transmission facilities (Tower, iron frame, lift rod) and construction of the structure.

5. without increasing floor space, does not affect the urban landscape and the property of others for planting, growth of structures.

6. sports track, no base stand.

    Urban planning departments should periodically according to the construction industry development, the second paragraph of adjustments to the scope of the exemption apply for a planning permit of construction engineering, the city urban planning Committee to the public.

37th in handling the construction project planning permit of construction works shall follow the following procedures:

(A) finalization and publication of detailed construction plans, construction general layout design scheme. Except by urban and rural planning competent sector organization prepared built sex detailed planning of plots outside, total with to area 10,000 square meters (containing 10,000 square meters) above of construction project, units should delegate has corresponding qualification of planning prepared units prepared built sex detailed planning; total with to area 10,000 square meters following of construction project, units should delegate has corresponding qualification of planning prepared units prepared construction design programme total plane figure.

Detailed construction plans, construction engineering design master plan should consist of urban and rural planning department or determined by the provincial people's Government issued by the town government in conjunction with the planning permit of construction engineering approval.

Town and country planning department or provincial people's Government, the town people's Governments shall, in accordance with established certified detailed construction plans, construction engineering design of general plan to the public.

(B) application for planning permit of construction engineering.

1. building units or individuals should be engineering geological investigation, engineering geological investigation information reported to the urban and rural planning departments. 2. building units or individuals entrusted with the corresponding qualification and eligibility of urban units of measurement, by urban and rural planning department technical standards and related technical specifications, to the construction site on line; urban and rural planning departments or urban and Rural Planning Department commissioned the city received the construction of units of measurement units or individuals to apply for inspection within 7 working days from the date line. After confirming the building space and technical indexes conform to planning requirements, unit or individual use of land issued by the land and housing management administration valid documents, construction engineering programmes (including schedule of general plans, economic and technical indicators, design drawings and electronic files), on line books and other materials to urban planning departments to apply for construction project planning permit. Need to build units of constructional detailed planning of construction projects, shall also submit the detailed construction plans.

Does not involve the original building additions or alterations project outline change, need not apply on line and line test.

3. the same planning permit for construction approval of the construction or the joint preparation of detailed construction plan or scheme of a construction project master plan more land for construction, the construction unit has fully achieved its approval of construction land, town and country planning department construction project planning permit not be issued (continued).

4. single and multiple buildings connected or connected to the podium of Tower building construction work shall not apply for a planning permit of construction engineering, respectively.

    5. urban planning departments shall conduct the site visit, and make construction project planning permit decisions under the law.

Article 38th municipal projects from the individual apply for a planning permit of construction engineering, but it should be in accordance with the relevant authority requirements for construction:

(A) has approval of the urban and Rural Planning Department of constructional detailed planning or construction engineering design master plan of Park Road and the planned red line width of not more than 4 m garden trail, bridge (culverts).
(B) the finishing of road and bridge engineering or non-urban public road within the community.

(C) urban traffic management equipment: traffic signal control equipment, traffic control equipment, traffic equipment, road traffic, traffic flow monitoring device information acquisition and publishing equipment, traffic barrier, road traffic installations, repair, strengthening, and traffic signs and markings set road planned red line, refurbished replacement does not involve modified the change of municipal engineering.

(D) the trees, street lights, road signs, road signs, road bus stop (Pavilion), self-service kiosk, rubbish bins, street sketches and other road elements.

(E) factories (mines) region is a production process and does not involve pipeline project of municipal roads and highways.

    (F) the diameter of less than 100 mm pipe, below the 10,000 volt transformer low voltage distribution lines, water wells and septic tank drainage pipes, before telecommunications, cable television connection between the future of low pressure gas lines and risers.

39th article of municipal engineering construction project planning permit of construction parts in accordance with these regulations 37th article of regulations, the rest of the construction project planning permit shall comply with the following procedure: (A) road traffic engineering, transportation engineering, urban pipeline engineering, 110,000-volt voltage high voltage line and the above works and river water works construction units shall entrust a qualified planning and design scheme of a construction project. Before the construction organization scheme of a construction project, you can apply to the town and country planning department planning conditions; organization of construction and engineering design package, can apply for a planning review.

Urban planning departments should be provided upon application planning review and planning information, advice and other technical services. (Ii) units apply for road traffic engineering, and track traffic engineering, and river Chung water engineering of construction engineering planning license, should delegate has corresponding qualification and qualification of city measurement units, by urban and rural planning competent sector developed of technology standard and the related technology specification to construction site put line; urban and rural planning competent sector or urban and rural planning competent sector delegate of city measurement units received units application of day up 7 a days within should completed inspection line.

After the confirmation of conform to planning requirements, construction by use of land issued by the land and housing management administration valid documents, construction design scheme, setting out books and other materials apply to departments of urban and rural planning. Urban pipeline project, 110,000 volts and above voltage of high voltage transmission line engineering design after it has been finalized, units can be used with valid documents, construction engineering and other materials to urban planning departments to apply for construction project planning permit.

Other pipeline projects, units can be directly competent construction engineering design and other materials to the town and country planning Department for a planning permit of construction engineering.

    Carried out within the existing road traffic engineering in the original red line reconstruction, extension, does not involve new land unit directly with materials such as construction engineering design to urban planning departments to apply for construction project planning permit.

40th city has jurisdiction over various parts of the construction project by the municipal urban planning construction project planning permit issued by the competent authorities.

    The construction of county-level city, issued by the county-level urban planning departments of construction project planning permit, master plan, which is located in important construction projects in the region, in front of the issue should be submitted to the municipal urban and rural planning department approval.

    41st in village planning areas in the township enterprises, public facilities and public welfare undertakings, rural housing construction, the unit or individual shall obtain the rural construction planning permit issued by the town and country planning department.

42nd villagers to the villagers ' Committee (collective economic organizations) applications using the new construction to build residence of villagers, or rural collective economic organizations shall be subject to the villagers meeting meeting of all the members agree to, and comply with the following procedure:

(A) by the villagers ' Committee (collective economic organizations) to the town government (Street) to apply.

(B) town (Street) in accordance with the approved distribution plan of villagers ' houses, village plan for approval. (C) upon the town government (Street) for examination and approval, the village Committee (collective economic organizations) applied to the land and housing management administration with the pre, and one household, one housing the review comments.

Involving the use of new land for construction, added land for construction approval formalities shall in the first place.

    (D) access to land and Housing Administration approval, after villagers ' committees (collective economic organizations) to urban planning departments to apply for rural construction and planning permits.

Article 43rd villagers has made lawful ownership within the original scope Homestead application new villagers ' houses, alteration, demolition, construction should be carried out in accordance with the construction standards, and comply with the following procedure:

(A) the villagers of rural property or other lawful ownership certificate of villagers ' houses and other materials, to their respective village Committee (collective economic organizations) to apply.

(B) the villagers ' committees (collective economic organizations) to the town after preliminary audit (Street) to apply.

    (C) town (Street) in accordance with the approved distribution plan of villagers ' houses, village plan review, and apply to the land and housing management administration and audit opinions with one household, one housing, urban and Rural Planning Department of rural construction planning to issue licenses.

    44th in village planning areas in the township enterprises, construction of rural public facilities and public welfare, the unit or individual shall provide the town (Street) applied by the town government (Street) license issued by the Department of rural construction planning of urban and rural planning. Article 45th units prepare detailed construction planning and construction project after validation, the overall plan of the programme shall be public, should not be modified.

Any of the following circumstances, it shall be submitted to the original examination and approval of the approval of the town and country planning department, town and country planning department before approving the batch should be taken before publication, symposium or hearing form, hearing the views of interested persons:

(A) modify the mandatory targets.

(B) modify the road system and layout of buildings and green spaces, vertical design, building functions, layer, height, distance and concession and construction space.

(C) modify content from other directly related to the vital interests of stakeholders.

    Real estate project pre (PIN) sale Shi, should will by validation of built sex detailed planning or construction design programme total plane figure of publicity figure as housing pre (PIN) sale contract of annex; application modified built sex detailed planning or construction design programme total plane figure of, units should first suspended pre (PIN) sale, and made the real estate project all has pre (PIN) sale unit buy by people and construction project mortgage right people of written agreed.

Article 46th units receiving construction project planning permit, pre-construction applications modify the scheme of a construction project shall be in accordance with the procedures laid down in article 37th re-apply for a planning permit of construction engineering, original construction project planning permit cancelled after approval.

Units receiving construction project planning permit, during the construction of the application in accordance with local design modifications of the following circumstances, without application modification of construction project planning permit, can apply directly after the completion of acceptance of planning:

(A) does not change the construction style, building facades, building entrances, increased floor space, not the total building height.

(B) adjusting the supporting public construction project as the location, but does not reduce the matching area of public construction projects, and meet the requirements and obtain the appropriate matching of public authorities or agreed to adjust the position of the takeover.

In addition to the above first to second unit applied for construction engineering design changes shall be subject to approval of the original examination and approval of town and country planning department.

    Employer requests for changes in the real estate project planning permit of construction engineering drawings, should be suspended (selling) for sale, and all the construction projects have been advance (sales) unit buyers and construction projects for sale the mortgagee's written consent. 47th construction planning after the acceptance into use, extra building, rebuilding, expansion, should apply for any addition, alteration, extension construction project planning permit of construction, but except in the case provided for in article 36th.

    Residential to commercial premises, in addition to complying with laws, regulations, and administrative rules shall be agreed by the interested owners.

48th due to the construction of municipal infrastructure engineering and construction during the building, configuring, supporting, and temporary facilities, rural and urban disaster emergency response needs, or other provisions the Government has allowed the construction of a temporary construction works, the construction unit shall apply to urban planning departments temporary construction project planning permit; construction work in the light of the above reasons apply for temporary planning permit of construction engineering, urban planning departments shall not be approved.

Employer to apply for temporary construction project planning permit of construction land in urban and Rural Planning Department should be the instrument of ratification, land use permits, property, land use consent to use of land supporting documents or other proof of land use, design and other material. Use of temporary construction works shall not exceed two years, date on which the temporary licensing of construction project planning. Needs prolonged usage, shall, on the expiry of 30th, submitted to the original examination and approval of town and country planning department an extension of the application. Applications for extension number not more than twice, each extension may not exceed two years.

    But the history is approved does not fall within the provisions of the first paragraph of this article of temporary construction works, will not be extended after the expiration.

49th comprehensive urban management enforcement agencies and urban planning departments shall establish a temporary management of construction engineering archives on the temporary implementation of dynamic tracing management of construction projects. Any of the following circumstances, urban and Rural Planning Department shall issue to the employer notice of dismantle, copied to comprehensive urban management enforcement agencies.

Construction unit should undertake unconditional removal of temporary construction projects and cleaning up the site; fails to dismantle, consists of comprehensive urban management enforcement authority shall:

(A) the expiration of a temporary construction works.

(B) the construction temporary works disappeared.

(C) of the main construction project application for planning approval.
(D) for urban and rural planning management, construction or public interests, urban planning departments to advance removal decisions.

    50th construction projects are completed, they shall be submitted to the original examination and approval and acceptance of planning for the urban planning departments.

    Urban planning departments should be verified in accordance with planning conditions on the construction project, for eligible construction, construction project planning and acceptance certificate.

Article 51st construction project plan acceptance certificate shall follow the following procedures: (A) construction engineering completed Hou, and application construction engineering planning acceptance Qian, units or personal should holding construction engineering planning license and annex, and completed figure and construction engineering put line measurement records book, material, delegate has corresponding qualification and qualification of city measurement units, by urban and rural planning competent sector developed of technology standard and the related technology specification on construction engineering for planning acceptance measurement, issued planning acceptance measurement records book. Underground pipeline project should be enough line, covering application for planning approval before measurement.

Acceptance survey record plan include the following:

1. status of topographic maps and vertical elevation;

2. position diagrams, including building spacing of adjacent buildings and land red line Setback roads, rivers, and green line, railway, the distance between overhead power line and the red line;

3. within the total scale of construction;

4. the total floor area of each building, floor area, each area, different functions on each part of the floor area, total height and height on each floor of every building;

5. independent public service facilities of area;

6. road width;

7. green areas;

8. the number of parking spaces;

9. the completed drawing the scene checking the situation;

10. other content required by urban planning departments.

(B) the employer, the design, construction, urban reconnaissance units of measurement should be measured in the acceptance of construction project planning record book and seal, and confirm the measurement results. (C) the completed construction units or individuals, acceptance survey record plan books and other materials to the construction project planning permit urban planning departments to apply for construction project plan acceptance certificate. Meet the requirements of construction project planning permit, issued by the town and country planning department construction project plan acceptance certificate. Does not meet the licensing requirements of construction project planning, urban and Rural Planning Department shall make no acceptance of planning decisions, and ordered the construction of unit or individual to rectify, or declared illegal construction.

    Corrected comply with the licensing requirements of construction project planning, unit or individual can make fresh application for planning approval.

52nd construction subject to the following conditions, urban and rural planning department construction project plan acceptance certificate:

(A) building works civil works have been completed and wall decoration, and in conformity with the construction requirements of planning permission; if there are illegal construction, illegal construction, after completion of treatment and treatment decisions.

(B) the unit has been implemented in accordance with the timing requirements in the building of supporting public service facilities (including subsidiary) construction.

(C) construction engineering environment (including roads, landscaping, outdoor ground elevation, night landscape lighting, barrier-free facilities, and so on) have plans called for construction.

(D) the construction site has been cleared, construction of buildings, construction line gate has been removed, planning permission is required to dismantle the walls, the old buildings have been demolished, completion of public facilities, damage has been repaired.

(E) the outdoor fan, air conditioning equipment, and outdoor facilities are in accordance with the specifications set.

(Vi) other conditions for urban and Rural Planning Department announced.

    Conditions for municipal projects with reference to these provisions.

53rd construction project belongs to the following circumstances, urban and rural planning department construction project plan acceptance certificate:

(A) the construction works conforms to the requirement of planning permission, but within the new zoning law from applying for construction project planning permit of construction projects such as garden ornaments, and subject to the approval of construction detailed planning or construction general layout design scheme there is no contradiction.

    (B) the construction project itself failed to meet the requirement of planning permission, but discrepancies are according to law without going through the town and country planning department, units can be adjusted, or reasonable construction, measurement error range.

54th before the implementation of these provisions, the same building made up of two or more building construction project planning permit license, the construction unit shall in the building after the completion of all application for planning approval.

    The same construction project planning permit of construction engineering licensing, the construction unit shall also apply for acceptance of planning involving substantial public or social interests multi-phase application for planning approval, application acceptance part must meet the operational requirements, acceptance criteria refer to the regulations of the 52nd.

    The fourth chapter of urban and rural planning supervision

    55th urban planning departments should be in accordance with the People's Republic of China provisions of the law on urban and rural planning, strengthening urban and rural planning, preparation, approval, implementation, modification, supervision and inspection.

    56th urban planning departments to illegal construction found in urban and rural planning and management process should timely transfer of comprehensive urban management enforcement authorities; for facts clearly illegal construction should at the same time planning for disposal. 57th comprehensive urban management enforcement authority after investigation for illegal construction, considered to be "fair to take corrective measures to eliminate the impact on the planning and implementation of" major, complex, or difficult to deal with, shall solicit the views of the town and country planning department.

    Urban planning departments shall, within 20 working days, planning treatment, comprehensive urban management enforcement authority should be based on the views of the town and country planning department to handle it.

Article 58th construction units or individuals with the following situations, urban planning departments may handle the construction units or individuals of other planning approval for business:

(A) the construction of units or individuals to make illegal construction decision is not executed.

    (B) construction of unit or individual acts of illegal construction by the Department of town and country planning plans qualitative or comprehensive urban management enforcement agencies filed investigation, but did not make illegal construction decision.

    59th have not acquired the construction project planning permit or violation of construction project planning permit for construction, are "able to take corrective measures to eliminate the impact on the planning and implementation of" illegal construction, comprehensive urban management enforcement agencies made the decision and implemented after the unit or individual shall, in accordance with the relevant regulations apply to departments of urban and rural planning to re-submit the relevant planning procedures.

60th unit has one of the following circumstances, if the circumstances are serious, urban planning departments relevant facts should be announced to the public through open government Web site:

(A) does not plan to demand public facilities construction projects.

(B) unauthorized acceptance of projects put into use without planning.

(C) it is not submitted according to the requirements of construction engineering completion approval information.

Unit has one of the following situations, if the circumstances are serious, comprehensive urban management enforcement agencies the relevant facts should be announced to the public through open government Web site:

(A) refuses to cooperate with investigation of illegal construction, cannot make a decision.

    (B) the refusal to implement a rectification decision.

61st planning units, design units have one of the following circumstances, urban and rural planning departments relevant facts should be announced to the public through open government Web site:

(A) not complying with the planning required to prepare plan or design, if the circumstances are serious.

(B) meet the owner by deception, obtaining planning permission, licensing.

    (C) facilitate the implementation unit of illegal construction, if the circumstances are serious.

    62nd units obtained through deceit or other improper means of planning permission, approval, by the Department of town and country planning in accordance with the People's Republic of China Law on administrative licensing provisions of article 69th, and suspended the unit's planning approval for business, suspended for periods of up to one year.

    The fifth chapter by-laws

63rd construction referred to in these provisions, including the municipal and other construction works.

Construction projects include the construction, extension, addition and renovation of all types of permanent or temporary building (structures).

Structure includes the following works:

(A) fences, barrier-free facility, projecting member (awning, sun visor, floating plate), chimneys, pools, steps and building days architecture, and so on.

(B) to install security facilities, vertical pipes, curtain cleaning tower crane built structures, municipal pipe network facilities used to install, cohesion of the underground structure.

(C) in order to conceal an outdoor air conditioner, cooling towers, air vents (wells) and other built structures.

(D) to install lighting, flagpoles, audiovisual, advertising, signs and other facilities of the base and architectural elements such as structure.

(E) for the installation of radio transmission facilities Tower, iron frame, lift rod, antenna structures.

(F) structure for planting, growth needs.

(VII) to install, conceal green energy such as solar water heater installations of buildings.

(H) the mechanical parking stand.

(IX) other structures.

Municipal projects, including new construction, expansion or any addition and renovation of the following projects:

(A) road transport projects, including:

1. Road Engineering: City Road (urban Expressway, trunk road, secondary road, the slip road) and highway (Highway, primary road, secondary highways and tertiary roads, four roads), elevated highways and other projects as well as bridges, tunnels, interchange.

2. the station project: public parking (garage), bus station, bus station, car terminal and integrated all of the above types of hubs and other projects.

3. rail transit project: subway, light rail, tram, intercity rail and other projects.

4. external transit project: airports, railway, port (ferry) and other projects.

5. other road traffic engineering to public transport stops, roads, pedestrian systems, fuel (gas) station elements, road and other projects.

6. the engineering subsidiary facilities, building (structures) and other projects.

(B) the pipeline project, including:

1. water: city water, drinking water, fire water, industrial water supply piping system and water plant, water pumping stations and other facilities.

2. drainage project: sewage and rain water, rivers, industrial wastewater sewer systems and sewage treatment plants, sewage pumping stations and drainage pumping stations and other facilities.
3. power engineering: urban high voltage power transmission, power distribution, traction power, streetlights, electricity, power line systems and power plants, thermal power plants, substations and other facilities.

4. communication engineering: urban communications cable, communication cable, network tandem system and telecommunications, telecommunications end, microwave stations, mobile communications base stations and other facilities.

5. gas project: high pressure gas, town gas, industrial gas, and pipeline system and gas plant, gas distribution stations, stations, regulator stations, LPG gasification station, storage station and depot facilities.

6. thermal project: urban pipeline systems such as steam, hot water and heat and power plant (station), district boiler, heat pump, heat pressure regulating stations and other facilities.

7. the environmental health project: the city refuse conveyor pipeline system and urban waste-water treatment plants (field) and other facilities.

    8. other pipeline project: urban transportation, industrial, chemical materials, public safety video, dedicated pipelines and ancillary facilities such as cable TV.

    64th laws, rules and regulations on specific areas of urban and rural planning and management of special provisions, in accordance with its provisions. 65th of these provisions come into force on December 1, 2011.