Regulations of Shanghai Municipality on City Planning
CHAPTER I GENERAL PROVISIONS
CHAPTER II BASIC STIPULATIONS
CHAPTER III THE DRAFTING AND APPROVAL PROCESS IN CITY PLANNING
CHAPTER IV ADMINISTRATIVE CONTROL OVER THE PLANNING OF THE LAND TO
BE USED FOR CONSTRUCTION
CHAPTER V ADMINISTRATION OF PLANNING OF CONSTRUCTION PROJECTS CHAPTER VI EXAMINATION AND APPROVAL PROCEDURES IN CITY
PLANNING ADMINISTRATION
CHAPTER VII SUPERVISION AND INSPECTION OVER THE IMPLEMENTATION OF
URBAN PLANS
CHAPTER VIII LEGAL LIABILITY
CHAPTER IX SUPPLEMENTARY PROVISIONS
Article 1 For the purpose of scientifically formulating plans for city planning, strengthening administrative control over city planning,
promoting the harmonious development of the economy, the society and the environment, and accomplishing the modernization of
the city, these regulations are formulated in accordance with the City Planning Law of the People’s Republic of China and
other relevant laws and regulations, and in the light of the actual circumstances in Shanghai.
Article 2 These regulations shall be observed in formulating and implementing plans for city planning and in carrying out all types
of construction work within the limits of the administrative area of the municipality.
Article 3 City planning is the basis for urban construction and for administration of city planning. Land use and all types of construction
work must conform with city planning and be subjected to administrative control by city planning.
The formulation of plans for city planning must conform with the law and no organization or individual person shall be allowed
to make alterations in or abolish the plans without going through legal procedures.
Article 4 City planning shall be carried out under a unified leadership and a unified program according to uniform standards with administrative
control being exercised at separate levels. In addition, the policy of requiring a Written Opinion on Site Selection for Construction
Project, a Permit for City-Planning-Approved Land Use and a Permit for City- Planning-Approved Construction Project shall
be carried out.
For staff members engaging in administrative control work of city planning, the policy of requiring job qualification certificates
shall be carried out.
Article 5 The Municipal People’s Government shall be responsible for the formulation and implementation of city planning for the
entire municipality. The Municipal City Planning Commission shall be responsible for coordinating important programs
of city planning and important matters in relation to administrative control over city planning.
The District or County People’s Government shall, in accordance with the requirements of city planning for the entire municipality,
be responsible for the formulation and implementation of city planning in their own respective administrative areas according
to their own given authority.
The Municipal and the District or County People’s Government shall make an annual report to the People’s Congress or its standing
committee at the equivalent level of each on the formulation and implementation of urban plans.
Article 6 The Shanghai Municipal City Planning Bureau (hereinafter referred to as the Municipal City Planning Bureau or the Municipal
Administrative Department of City Planning) is the competent administrative department in charge of city planning
in the entire municipality. The Municipal City Planning Bureau may, in case of need, set up detached offices with delegated
authority to take charge of city planning work in designated areas.
The administrative department in charge of city planning in the Pudong New Area and in other districts or counties (hereinafter
referred to as the Area/District/County Administrative Department in Charge of City Planning) shall, according to its
own given authority, be responsible for city planning work within its own administrative area and shall be, in the performance
of technical work, under the leadership of the Bureau of City Planning.
The relevant administrative departments in the municipality shall, according to their respective given duties, work in cooperation
with the Municipal and Area/District/County Administrative Department in Charge of City Planning in implementing these regulations.
The subdistrict administrative offices and the people’s government at township or town level shall assist the
Municipal and Area/District/County Administrative Department in Charge of City Planning in exercising supervision
and inspection over illegal construction work within their own respective administrative areas.
Article 7 Every organization and individual person has the obligation to comply with the requirements of city planning and has the right
to complain against and denounce any act in violation of city planning.
Article 8 City planning must conform with the actual conditions of the country and of the municipality, must be based on a scientific
forecasting of city development, and must correctly handle the relationship between short-term development and long-range
development, between local interests and global interests, and between economic development and the ecological environment.
City planning must conform with development strategies of the city, must be integrated with economic and social development plans,
and must be in concert with the overall planning governing homeland planning, hydrographic planning and land use overall
planning.
Article 9 City planning and urban construction must promote economic and social development and improve the living environment of the people,
and must persist in the integration of economic benefits, social benefits and environmental benefits.
Article 10 City planning and urban construction must protect the public interest of society at large, must conform with the requirements
of fire prevention, earthquake precaution measures, flood control, civil defence, etc. in the city, and must safeguard
public safety, public sanitation, urban traffic and the city-scape.
Article 11 In city planning and urban construction the policy guideline of building up the country through thrift and hard work and
the principle of suitability for use and economization must be adhered to, rational and economical use of land must
be persisted in and subterranean space must be exploited and used in a comprehensive, well- planned way.
Article 12 City planning and urban construction must protect and improve the ecological environment of the city, must prevent pollution and
other public hazards, must protect existing green space, shade trees and ancient and famous plant life, must develop landscape
green space, and must emphasize environmental hygiene and the good appearance of the city.
Article 13 In city planning and urban construction, protection must be given to ancient and cultural sites and buildings and architectural
complexes that have historical significance or cultural, artistic or scientific value, with special emphasis on the protection
of historic sites and natural landscape of unique value.
Article 14 The development of new urban areas and the redevelopment of old urban areas must be integrated in a unified plan, must be planned
and arranged rationally, must pursue a course of comprehensive development, and must give priority to the construction
of auxiliary, complementary projects and of infrastructure works, and construction work must be carried out with a relative
concentration of resources.
The redevelopment of old urban areas must be integrated with the restructuring and redistribution of industries, must rationally
readjust the use of land, must keep a check on the building of high-rises, must lower building density, must increase public
green space, must help improve urban traffic, must further improve urban infrastructure, and must strengthen the multifunctionality
of the city.
The redevelopment of old urban areas must concentrate on those areas with a high concentration of dilapidated houses, shacks
and temporarily thrown-up dwellings and those areas that are lacking in municipal works and public utility facilities, that
are afflicted by traffic congestion or environmental pollution or that are water logging-prone.
CHAPTER III THE DRAFTING AND APPROVAL PROCESS IN CITY PLANNING
Article 15 The drafting of plans in city planning is divided into two stages: overall planning and detailed planning. An overall plan shall
be drafted for the following areas and towns or townships:
1. The administrative districts and the key city of the municipality;
2. The administrative districts of Baoshan, Jiading and Minhang and the administrative areas of all the counties, including
towns where the District or County People’s Government is located, famous historic and cultural towns, administratively independent
industrial towns and other organic towns;
3. The administrative areas of township and towns, including the seats of the people’s government of township or towns;
4. Municipal economic and technological development zones and municipal- level industrial parks.
Overall planning shall include the planning of each specialized line of development; on the basis of the overall planning the
key city shall draft plans for the districts as separate entities and such planning shall be deemed as a part of the overall
planning.
The detailed planning shall include controlling detailed planning and constructive detailed planning (including urban design).
Article 16 The various types of city planning shall be based on city planning done at an immediately higher level and their content
shall conform with the national city planning law and the pertinent regulations of the municipality.
Article 17 The drafting of the overall plan of the entire municipality and the key city shall be organized by the Municipal People’s
Government, and after being submitted for examination and approval by the Municipal People’s Congress or its standing committee,
the plans shall be submitted to the State Council for examination and approval.
The drafting of the plan for each specialized line of development shall be organized by the competent administrative department
in charge and, after comprehensive equilibration and consolidation by the Bureau of City Planning, the plans shall be incorporated
into the overall plan of the municipality.
The drafting of the plan for each separated district of the key city and of the overall plan of famous historic and
cultural towns, administratively independent industrial towns, municipal economic and technological development zones
and municipal-level industrial parks shall be organized by the Municipal City Planning Bureau, the plans shall be submitted
to the Municipal People’s Government for examination and approval.
The drafting of the area plan of Baoshan District, Jiading District and Minhang District and of the various counties and the
drafting of the overall plan of towns where the District or County People’s Government are located shall be organized respectively
by the District or County People’s Government and, after comprehensive equilibration by the Municipal City Planning
Bureau and, after being examined and approved by the People’s Congress at the corresponding level or its Standing Committee,
the plans shall be submitted to the Municipal People’s Government for examination and approval.
The drafting of the area plan of a township or town and the drafting of the overall plan of other organic towns shall be organized
by the Township or Town People’s Government concerned and after comprehensive equilibration by the Area/District/County
Administrative Department in charge of city planning, the plans shall be submitted to the District or County People’s Government
for examination and approval, and be reported to the Municipal City Planning Bureau for the record. Among these plans, the area
plan of towns and townships and the overall plan of organic towns that are being contiguous with the key city shall, after
being examined and approved by the District or County People’s Government, be submitted to the Municipal City Planning Bureau
for examination and approval.
Article 18 The drafting of the detailed plan of construction projects in the key areas, on the two sides of major roads and of construction
projects that have an important effect on the general urban layout of the municipality shall be organized by the Municipal
City Planning Bureau and the plans shall be submitted to the Municipal People’s Government for examination and approval.
The drafting of the detailed plans in the Pudong New Area, except for the Central Business District and the two sides along
the Axis Avenue, shall be organized by the Administrative Department in Charge of City Planning of Pudong New Area and
the plans shall be submitted to the administrative authority of the Pudong New Area for examination and approval, and
be reported to the Municipal City Planning Bureau for the record.
The drafting of the detailed plan of ordinary subsections of the key city shall be organized by the District People’s Government
concerned, and the plans shall be submitted to the Municipal City Planning Bureau for examination and approval.
The drafting of the detailed plan of Baoshan District, Jiading District and Minhang District and of the towns where County People’s
Governments are located, and of municipal-level industrial parks shall be organized by the District or County People’s Government
concerned and the plans shall be submitted to the Municipal City Planning Bureau for examination and approval. The drafting
of the detailed plans of other organic towns shall be organized by the Administrative Department in Charge of City Planning
of the district or county concerned, and the plans shall be submitted to the District or County People’s Government concerned
for examination and approval, and be reported to the Bureau of City Planning for the record.
Subject to approval by the Administrative Department in Charge of City Planning of the municipality or the district or county
concerned, constructive detailed plans may be drafted in accordance with the controlling detailed plan by an organization
that, having the proper qualifications for engaging in city planning and design, is authorized by the development organization
concerned to undertake the work, and the plans shall be submitted for examination and approval in accordance with the procedures
stipulated in this article.
Article 19 The Administrative Department in Charge of City Planning at the municipal or district or county level shall, after accepting
a document concerning city planning that is submitted for examination and approval, give an official written reply within
50 statutory working days.
Article 20 In case major alterations are required in the already approved overall plan regarding the designated functions, size
limit, development orientation and general layout of the city in accordance with the requirements for harmonious development
of the city’s economy, social life and environment, the stipulations in Article 17 of the present Regulations shall
be abided by. In the case of partial readjustment in an already approved overall plan, that in the municipal overall
plan and that in the key city overall plan shall be reported by the Municipal People’s Government to the Standing Committee
of the Municipal People’s Congress and also to the State Council for the record; that in other overall plans shall
be submitted to the original approval authority for examination and approval.
For alterations and readjustment in an already approved detailed plan, the stipulations in Article 18 of these regulations shall
be abided by.
Article 21 In drafting urban plans, the opinions of specialists, local residents and interested parties must be solicited in an organized
way.
Article 22 The overall plan of the Municipality, upon approval by the State Council, shall be published by the Municipal People’s Government.
Other types of urban plans shall be published by the approval authority concerned.
Article 23 Design institutes that engage in city planning in the municipality must hold certificates for city planning design
of a correspond status. Non-local design institutes must have the approval of the Municipal City Planning Bureau.
CHAPTER IV ADMINISTRATIVE CONTROL OVER THE PLANNING OF THE LAND TO BE
Article 24 All use of land for construction must comply with the technical standards of city planning and city planning administration.
A development organization or an individual person must apply for a Written Opinion on Site Selection for Construction
Project and for a Permit for Planning of Land Use according to regulations.
Article 25 All land to be used for construction must do site selection and fixing of location within an area of land which under city planning
has this designated function of land use. In areas without adequate infrastructure and without workable solutions, the
building of new project or the relocation of existing ones must be strictly controlled, the scattering of construction projects
here and there along a highway is prohibited.
Article 26 The grant of land use rights to state-owned land must be carried out in conformity with the requirements of the technical
standards of city planning and city planning administration. The Municipal City Planning Bureau shall participate in
the making of plans for the grant of land use rights to state-owned land.
A contract for the grant of land use rights to a certain lot of state- owned land must specify such city-planning requirements
for the lot concerned such as the location, boundaries, designated functions of land use, floor area ratio of building, building
density, green space ratio, parking area, etc. that are provided by the Municipal or Area/District/County
Administrative Department in Charge of City Planning according to the already approved detailed plan and must be attached
with their graphic representations.
A contract for the assignment of land use rights to state-owned land must be attached with all the city-planning requirements
and accompanying graphic representations in the original contract for the grant of land use rights.
A transferee of land use rights to state-owned land shall not, in the development and management of land, make any alterations
in the city- planning requirements specified in the contract for the grant of land use rights without the approval of the
Municipal or Area/District/County Administrative Department in Charge of City Planning that originally handled the examination
and approval procedures.
Article 27 Adequate protection must be given to existing and planned special-purpose land such as public green spaces (including
parks, street side landscaping, etc.), production-use green space, greenbelts, special-purpose green space (including green
space on residential developments, gardens, green space on land used by various organizations, etc.), basic
agricultural land under protection, protected vegetable cropland, fields for public activities, land for outbound
traffic, land for municipal works and public utility facilities, land for medical institutions, sports fields,
school grounds, etc.. No change shall be made in their use without going through the legal procedures for making readjustments
in urban plans.
The construction of buildings or structures on roads and streets, city squares, riverbeds, hightension power transmission
line corridors, directly on urban underground pipes and power lines or against flood- prevention embankment is prohibitied.
Article 28 Areas built up according to urban plans and residential neighborhoods, lanes, detached residences, apartment buildings in
old urban districts that according to city planning are to be preserved shall not be demolished, encroached upon by interposed
structures or extended (including building upon the original structure) without going through the legal procedures for making
readjustments in urban plans.
Article 29 All organizations and individual persons must obey the decision on readjustment of land use made by the Municipal and District
or County People’s Government in accordance with their respective given authority and in conformity with legal procedures.
Article 30 In case a construction project is located alongside of land that in the urban plan is set aside for public use such as roads
and streets, river courses, greenbelts, etc., the development organization shall, in requisitioning land, include the land
set aside for public use according to the urban plan.
Article 31 In case temporary use of land is required for construction work, the user of the land shall apply for a Permit for City-Planning-
Approved Temporary Use of Land.
Land for temporary use must be used for the purpose(s) approved by the Municipal or District or County Administrative Department
in Charge of City Planning and must not be used for any other purpose, or be transferred to others, and no permanent
buildings or structures shall be built on it. At the expiration of the period of time allowed for temporary use, the
land user shall be responsible for dismantling all temporary structures, for restoring the land to its original state and
for returning it to the original owner or user.
CHAPTER V ADMINISTRATION OF PLANNING OF CONSTRUCTION PROJECTS
Article 32 All construction projects must comply with the technical standards of city planning and city planning administration.
A development organization or individual person must apply for a Permit for Planning of Construction Project according to
regulations.
Article 33 New or altered buildings or structures (including underground structures) along roads and streets and their auxiliary facilities
must not go beyond the red line stipulated by city planning for roads and streets, and must be placed at a stipulated distance
back from it.
For existing buildings within the area delineated by the red line stipulated by city planning for roads and streets,
in case partial alterations is made on those of them that are better structured and whose demolition has been put off
with the approval of the Bureau of City Planning, the ground flood of the said buildings that go beyond the red line stipulated
by city planning for roads and streets shall be rebuilt into a covered sidewalk for pedestrians.
For a construction project located along a road or street, the development organization or individual person concerned
shall apply to the Municipal or County Administrative Department in Charge of City Planning for the setting up of boundary
markers of the red line stipulated by city planning for roads and streets.
Article 34 Construction projects involving new buildings, building alterations or building extensions must incorporate in their plans
green spaces and parking areas (garages) for motor-driven and non-motor-driven vehicles according to regulations, and also include
the installation of public lavatories according to the requirement of city planning, and all these facilities must be designed
as an integrated part of a construction project, must be built and made available to the users at the same time with
it, and must not be used for any other purpose.
Article 35 In building new or altering existing public works and urban roads and streets, barrier-free facilities must be installed.
Article 36 Historic and cultural sites under protection and representative modern architectural structures must be preserved
according to regulations. Within the limits of the area being preserved, no new buildings shall be allowed. Alterations of
existing buildings within the limits of the area being preserved, or building new architectural structures or making
alterations in existing ones within a limited-construction area must comply with pertinent regulations and must not jeopardize
the existing milieu and architectural style.
Article 37 All buildings, structures, roadside sculptures, outdoor advertising and other facilities must conform with the requirements
of city planning and of maintaining the good appearance of the city.
No piecemeal or crudely thrown-up buildings or structures shall be allowed along the major roads. Auxiliary structures
and auxiliary facilities of buildings along roads and streets must not adversely affect the city-scape. In the process
of building or rebuilding major roads in the key city, all pole lines shall be re-laid underground.
Article 38 The elevation of the outdoor ground surface of a constructed structure must comply with the requirement of the relevant detailed
plan. In an area for which no detailed plan has been drafted, such elevation may be decided by reference to the drainage
system in the surrounding area and the elevation of nearby roads and streets and buildings.
The elevation of the road surface of new or rebuilt roads and streets must be on a par with the elevation of the ground
surface of the adjoining block and of other buildings along the road or street and must not prevent the drainage of adjoining
areas.
Article 39 The construction of pipes and power lines, roads and streets, bridges and tracked communication projects must be equilibrated
comprehensively and planned as a whole.
Article 40 Construction projects that must conform to administrative standards in such areas as environmental protection, environmental
sanitation, health and epidemic prevention, labor safety, fire prevention, traffic control, urban landscaping and afforestation,
water supply, drainage, power supply, heat supply, gas supply, communications, underground engineering projects, river and
harbor administration, railway system, air transportation, meteorology, flood control, earthquake control, civil defence,
military affairs, national security, cultural relic preservation, preservation of historic buildings, survey markers and irrigation
and water conservancy, etc. must comply with the pertinent regulations of the state and the municipality.
Article 41 In making designs for construction projects, a design institute must conform with the technical standards of city planning
and city planning administration or the design standards put forward by the Area/District/County Administrative Department
in Charge of City Planning in accordance with the requirements of city planning, and shall be responsible for the quality
of the design work.
A construction organization must carry out construction work according to the graphic representations attached to the Permit
for Planning of Construction Project and shall be responsible for the quality of the construction work.
Article 42 A development organization or an individual person concerned must, after on site lofting of a construction project and of project
of pipes and power lines, roads and streets or bridges building is done, apply to the Municipal or Area/District/County Administrative
Department in Charge of City Planning for rechecking, and report the date on which construction work will begin, and shall start
the construction work only when the rechecking has proved that no mistake has been made. The Municipal or Area/District/County
Administrative Department in Charge of City Planning shall, within seven statutory working days after the date of acceptance
of the application, complete the rechecking process.
Article 43 A development organization or an individual person must complete fully every aspect of the construction work and the environment
building on the building lot in accordance with the requirement of the Permit for Planning of Construction Project
and the graphic representations attached thereto.
Article 44 A development organization or an individual person must, upon the completion of a construction project, apply to the Municipal
or Area/District/County Administrative Department in Charge of City Planning for checking and acceptance according
to city-planning standards. If in checking the project is found to be below the standards required by city planning, the
Municipal or Area/District/County Administrative Department in Charge of City Planning shall not put its seal on a certificate
of acceptance; and the administrative department in charge of housing and real estate shall not handle the registration of
property right for it.
When the checking and acceptance procedures of a construction project are completed, the development organization concerned shall
in less than two months dismantle all temporary facilities on the building lot.
A development organization or an individual person shall, in less than six months after the completion of a construction
project and its checking and acceptance procedures, report and send in gratis according to regulations to the Municipal
Urban Construction A
