Provisions of Shanghai Municipality on the Demolition of Illegal Building

(Adopted at the 10th Session of the Standing Committee of the 11th

     People"s Congress of Shanghai Municipality on June 1, 1999)

    

     Article 1

     In order to strengthen control of illegal building and to improve urban
environmental quality, these Provisions are formulated in accordance with
relevant laws and administrative decrees of the State and in light of the actual
circumstances of this Municipality.

     Article 2

     These Provisions are applicable to the demolition of illegal buildings
within the administrative areas of this Municipality that endanger public
security, affect public hygiene, block city traffic or spoil city appearance
(hereinafter referred to as illegal buildings).

     Illegal buildings other than those described in the preceding paragraph
shall be dealt with by planning and other administrative departments in
accordance with relevant laws and regulations.

     Article 3

     The municipal and district/county governments shall, in accordance with the
law, strengthen their leadership of the demolition of illegal buildings and take
responsibility for the implementation of these Provisions within their
respective jurisdiction.

     The municipal and district/county planning administrative departments
shall, in accordance with relevant laws and regulations, investigate, verify and
identify illegal buildings and make decisions for their demolition within a
specified period of time.

     Article 4

     The decisions made by the municipal or district/county planning
administrative departments for the party concerned to demolish illegal buildings
within a specified period of time shall take the written form and be served on
the party concerned.

     When making decisions to demolish, within a specified period of time,
illegal buildings whose owner is hard to identify, the municipal or
district/county planning administrative departments shall give a public notice
of the decision.

     The party concerned shall demolish the illegal building within the
specified period of time.

     Article 5

     In case the party concerned fails to demolish the illegal building within
the specified period of time, the municipal or district/county planning
administrative departments may apply to the municipal or district/county
people"s governments for its forced demolition.

     The municipal or district/county people's governments shall give a public
notice seven days before the forced demolition of the illegal building.

     Article 6

     For concentrated stretches of illegal buildings, the municipal or
district/county planning administrative departments shall make a decision for
the parties concerned to demolish them within a specified period of time, and
give a public notice of the decision. The parties concerned shall carry out the
demolition within the specified period of time.

     In case the parties concerned fail to demolish the illegal buildings within
the specified period of time, the municipal or district/county planning
administrative departments may apply to the municipal or district/county
people"s governments for their forced demolition.

     The municipal or district/county people"s governments shall give a public
notice ten days before the forced demolition of concentrated stretches of
illegal buildings.

     Article 7

     For illegal buildings to which these Provisions are applicable that are
under construction, the municipal or district/county planning administrative
departments shall make a decision for the party concerned to stop the building
immediately, and carry out its demolition within the prescribed period of time.
In case the party concerned does not carry out the demolition as ordered, the
municipal or district/county planning administrative departments may carry out
forced demolition immediately.

     For other illegal buildings that are under construction, the planning and
other administrative departments shall order the parties concerned to stop the
building immediately and deal with them in accordance with the law.

     Article 8

     If the party concerned refuses to accept as final the decision made by the
municipal and district/county planning administrative departments to demolish
the illegal building within a specified period of time, it may apply for
administrative review or bring an administrative action in accordance with the
laws and regulations regarding administrative review or the provisions of the
Administrative Litigation Law of the People"s Republic of China. While
administrative review or administrative procedures are under way, demolition of
illegal building shall not be stopped unless otherwise prescribed by laws or
regulations.

     Article 9

     Any unit or individual person that discovers an illegal building shall have
the right to report it to the municipal or district/county planning
administrative departments.

     The municipal and district/county planning administrative departments shall
set up a supervision telephone and a supervision letter box to receive reports
by units or individual persons on illegal building, and inform the reporter of
the handling of the case.

     Article 10

     These Provisions shall become effective on June 15, 1999.