Regulations of Shanghai Municipality on the Protection of Historical-feature Areas and Excellent Historical Buildings

(September 26, 2019)

Contents

Chapter I General Principles

Chapter II Determination of the Targets of Protection

Chapter III Protection of Historical-feature Areas

Chapter IV Protection of Excellent Historical Buildings

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I  General Principles

Article 1

With a view to strengthening the protection of the historical-feature areas and excellent historical buildings (or heritage buildings) in this Municipality and promoting coordinated development of urban construction and social culture, these Regulations are formulated according to relevant laws and administrative rules and regulations and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to the determination and protective management of such targets of protection as historical-feature areas, neighborhoods, streets and river ways (hereinafter collectively referred to as “historical-feature areas”) and excellent historical buildings within this Municipality’s administrative areas.

Where excellent historical buildings have been defined as cultural relics according to law, their protection and management shall follow relevant provisions of the laws and regulations governing the protection of cultural relics.

Article 3

The municipal administrative department of planning and natural resources is responsible for the planning administration of the protection of the historical-feature areas and excellent historical buildings in this Municipality. The district administrative departments of planning and natural resources are responsible for the planning administration of the protection of the historical-feature areas within their respective administrative area according to relevant provisions of these Regulations.

The municipal administrative department of housing is responsible for protecting the excellent historical buildings in this Municipality. The district administrative departments of housing are responsible for the routine administration of the protection of excellent historical buildings within their respective administrative area according to relevant provisions of these Regulations.

Other relevant administrative departments of this Municipality shall, according to their respective functions and duties, cooperate in implementing these Regulations.

Article 4

The protection of historical-feature areas and excellent historical buildings shall follow the principles of unified planning, classified management, effective protection, rational utilization and subordination of utilization to protection.

Article 5

The municipal and district people’s governments have the responsibility for protecting historical-feature areas and excellent historical buildings within their respective administrative area, and shall exercise supervisory administration over the protection work and provide necessary policy guarantee and fund support.

The committees for protecting historical-feature areas and excellent historical buildings set up by the municipal and district people’s governments shall coordinate to solve major problems in the protection work for the historical-feature areas and excellent historical buildings under their respective jurisdiction.

The owners and users of excellent historical buildings shall, according to the provisions of these Regulations, use, maintain and renovate these buildings and cooperate with the relevant government departments in exercising grid digital management of excellent historical buildings.

All units and individual persons have the obligation to protect historical-feature areas and excellent historical buildings, and may report acts that endanger the historical-feature areas and excellent historical buildings to the administrative department of planning and natural resources or the administrative department of housing. These departments shall, in a timely manner, investigate and handle the acts that endanger the historical-feature areas and excellent historical buildings.

Article 6

The funds for protecting historical-feature areas and excellent historical buildings shall be raised through multiple channels.

The municipality and districts shall each establish a special fund for protecting historical-feature areas and excellent historical buildings, and the sources of the funds shall be:

1. funds arranged by the municipal, district financial budgets;

2. donations from units, individual persons or other organizations at home and abroad;

3. proceeds from transfer and lease of publicly-owned excellent historical buildings; and

4. other funds raised according to law.

The municipal and district people’s governments shall respectively set up a special account for the special fund for protecting the historical-feature areas and excellent historical buildings, and the fund shall be earmarked for specified use under the supervision of the finance and audit departments.

Article 7

A specialists committee shall be set up for protecting the historical-feature areas and excellent historical buildings in this Municipality.

The specialists committee for protecting the historical-feature areas and excellent historical buildings (hereinafter referred to as the specialists committee) shall, according to the provisions of these Regulations, take charge of the examination and assessment of the approval, adjustment, cancellation and other relevant matters of the protection targets, and provide consultations for decision-making by the Municipal People’s Government. The specialists committee shall be composed of persons from the sectors of planning, housing and land, architecture, cultural relics, history, culture, society and economy, and its specific composition methods and working rules shall be formulated by the Municipal People’s Government.

Article 8

Through such methods as improving the facilities, adjusting the functions, and ameliorating the environment, and on the basis of complying with the protection requirements and respecting the local people’s lifestyle, the municipal and district people’s governments shall encourage giving full play to the community service, cultural exhibition, visits and tours, business service of the protection targets, so as to activate the use of these targets.

While the district people’s government is formulating and carrying out specific plans for activating the use of the protection targets, it shall attach importance to motivating the citizens’ enthusiasm for participating in the protection of the targets, improving their housing conditions, and upgrading service and functions for the public.

Chapter II  Determination of the Targets of Protection

Article 9

An area may be defined as a historical-feature area if historical buildings concentrate there, with their architectural style, space pattern and street landscape fairly completely reflect Shanghai’s regional culture in a certain historical period.

A neighborhood may be defined as a historical-feature neighborhood subject to protection if historical buildings concentrate there, with its space pattern and street landscape demonstrating certain historical features.

A street or a block of streets may be defined as a historical-feature street subject to protection if historical buildings concentrate there, with the heights and styles of the buildings being fairly harmonious and unified, with the street’s geometric pattern, width, street-side landscape, size and space having special features and a certain historical value.

A river way or an area along the river way may be defined as a historical-feature river way subject to protection if there are rich cultural resources along the river way, and its riverside landscape, space, revetment and bridges have special features and a certain historical value.

Article 10

A building that is more than 30 years old and has one of the following conditions may be defined as an excellent historical building:

1. its architectural styles, construction techniques and construction technologies reflecting features of architectural art and having value for scientific research;

2. reflecting historical and cultural features of Shanghai’s regional architecture;

3. representative works of renowned architects;

4. being related to important historical events, revolutionary movements and prominent figures.

5. workshops, stores, factory buildings and warehouses that are representative in the history of our country’s industrial development; and

6. other excellent historical buildings of historical and cultural significance.

Article 11

The owner and user of a building and any other unit and individual person may recommend a protection target to the municipal administrative department of planning and natural resources or the municipal administrative department of housing.

The municipal department of planning and natural resources shall, after studying, put forward a preliminary list of historical-feature areas and solicit opinions from the municipal administrative department of housing, the municipal administrative department of cultural relics, the local residents, and the local district people’s government. The list shall be examined and assessed by the specialists committee before being submitted to the Municipal People’s Government for approval and determination.

The municipal administrative department of planning and natural resources and the municipal administrative department of housing shall, after studying, put forward a preliminary list of excellent historical buildings and solicit opinions from the municipal administrative department of cultural relics, the owners of the buildings and the local district people’s government; the list shall be examined and assessed by the specialists committee before being submitted to the Municipal People’s Government for approval and determination.

Before the approval and determination of the Municipal People’s Government, the preliminary lists of the protection targets shall be made public to solicit social opinions.

Article 12

The Municipal People’s Government shall publish the list of the approved and determined historical-feature areas, and the municipal administrative department of planning and natural resources shall set up signs for these areas.

The Municipal People’s Government shall publish the list of the approved and determined excellent historical buildings, and the municipal administrative department of housing shall set up signs for these buildings.

Article 13

A legally determined protection target shall not be adjusted or canceled without authorization. If there is a real need for adjustment or cancellation due to force majeure or change of the circumstances, the adjustment or cancellation shall be proposed by the municipal administrative department of planning and natural resources and the municipal administrative department of housing, and, shall, after the examination and assessment by the specialists committee, be submitted to the Municipal People’s Government for approval.

Article 14

If a building is found worthy of protection during urban construction but has not yet been defined as an excellent historical building, then, after initial determination of the municipal administrative department of planning and natural resources and the municipal administrative department of housing, protective measures may be first taken according to the relevant provisions of these Regulations, and finally the procedure provided for in Article 10 of these Regulations shall be followed to apply for approval to include the building in the list of excellent historical buildings.

Chapter III  Protection of Historical-feature Areas

Article 15

The municipal administrative department of planning and natural resources shall, according to the overall city planning, organize the planning for protecting historical-feature areas, neighborhoods, streets and river ways (collectively called “historical-feature areas”), and solicit opinions from the municipal administrative department of housing, the municipal administrative department of cultural relics, the local district people’s government and other relevant administrative departments, and shall, after the examination and assessment by the specialists committee, submit the planning to the Municipal People’s Government for approval.

The legally-approved planning for protecting a historical-feature area shall not be revised without undergoing the legal procedure. In case of a real need for a revision, the municipal administrative department of planning and natural resources shall organize a feasibility study, and submit it for examination and approval as prescribed in the preceding Paragraph.

The planning for protecting historical-feature areas and neighborhoods may be treated as detailed controlling planning for the locality, and shall be submitted for filing according to the legal procedure.

The controlling requirements for the separately-complied planning for protecting historical-feature streets and river ways shall be incorporated into the detailed controlling planning for the locality.

Other special planning about the arrangement of urban and rural spaces in this Municipality shall harmonize with the planning for protecting the historical-feature areas.

Article 16

The planning for protecting historical-feature areas shall include the following:

1. the historical and cultural features of the area and the norms for its protection;

2. the core scope of protection and the scope subject to construction control;

3. the control and adjustment of the planning for the land use purpose of the area, and the requirements for protecting the space environment and landscape of the building;

4. the local requirements for protecting historical architecture;

5. the requirements for renovating the buildings out of tune with the historical and cultural features of the area;

6. the local requirements for protecting historical-feature streets and river ways; and

7. other requirements from compilation of the detailed controlling planning.

The planning for protecting historical-feature neighborhoods shall include the contents in Items 1, 3, 4, 5 and 7 of the preceding Paragraph.

The separately-compiled planning for protecting historical-feature streets and river ways shall include such factors as the geometric pattern or direction, width, cross-section and street-side and river-side architecture.

Without authorization, no change shall be made in the geometric pattern or direction, width and cross-section of the historical-feature streets and river ways. In the case of a real need to make adjustments, the adjustments shall be made to the relevant planning according to the legal procedure.

Article 17

Construction activities conducted in the core scope of protection of a historical-feature area shall comply with the planning for protecting the historical-feature area and the following provisions:

1. The street-block space pattern and the original facades and colors of the buildings shall not be altered arbitrarily;

2. No new construction or extension activities are permitted without authorization. If it is necessary to conduct construction of basic facilities, public-service facilities and attachments to buildings or to conduct other construction activities determined by the planning for protecting the historical-feature area, such activities shall undergo the feasibility study by the specialists committee. When an existing building is reconstructed or renovated, its historical and cultural features shall be maintained or restored;

3. Without authorization, no new construction or widening of streets is permitted, and when an existing streets being reconstructed, its original street pattern and landscape features shall be maintained or restored; And

4. No new industrial enterprise is permitted to be built, and the existing industrial enterprises that obstruct the protection of the historical-feature area shall be relocated in a planned manner.

Article 18

Construction activities conducted within the limits of a construction-controlled historical-feature area or in a historical-feature neighborhood shall comply with the planning for protecting historical-feature areas and the following provisions:

1. The buildings to be newly built, extended or reconstructed shall be in tune with the historical and cultural features in terms of height, size, color, etc.;

2. When streets are being built, widened or reconstructed, the historical cultural features shall not be damaged; And

3. No environmentally-polluting industrial enterprise is permitted to be built, and the existing environmentally-polluting industrial enterprises shall be relocated in a planned way.

When a building is built or extended within the limits of a construction-controlled historical-feature area or within a historical-feature neighborhood, if its floor area ratiois restricted, then compensation in a different place may be made according to the city planning.

Article 19

The municipal administrative department of planning and natural resources shall examine and approve the planning of construction projects within the protection scopes of historical-feature areas. When making examination and approval, the municipal administrative department of planning and natural resources shall solicit opinions from the municipal administrative department of housing.

Article 20

No arbitrary change of the purpose of the planned land use in the planned protection scope of a historical-feature area is permitted. If the use of a building fails to comply with the requirements for protecting a historical-feature area, the use of the building shall be restored or adjusted.

Article 21

Where outdoor advertisements, signboards and other facilities have been approved to be set up in historical-feature areas and neighborhoods and along historical-feature streets and river ways, they shall comply with the planning requirements for protecting historical-feature areas and shall not damage the architectural space environment and landscape. The existing outdoor advertisements, signboards and other facilities that do not comply with the requirements for protecting the historical-feature areas shall be demolished within a time limit.

Article 22

Construction activities within the planned protection scope of historical-feature areas shall conform to the requirements of the planning and the technical specifications. If the distance between buildings, the distance between buildings and streets, the width of buildings, the proportion of buildings’ construction area to the total area, etc. cannot meet the requirements of this Municipality owing to the need to protect the historical features, then the municipal administrative department of planning and natural resources shall, after the feasibility study of the specialists committee, determine the specific indicators of the planning.

Construction activities within the planned protections cope of a historical-feature area shall meet the technical standards and norms for fire prevention. If the required fire prevention standards and norms cannot be reached due to the need to protect historical cultural features, then the relevant administrative departments and the municipal administrative department of planning and natural resources shall, on the prerequisite of not lowering the current protection level and after the feasibility study by the specialists committee, discuss to draw up a plan for protection.

Article 23

If a building has a fairly long history, can reflect the historical or local features, and is valuable and significant in contributing to the overall historical feature of the area, and if the building is not defined as a cultural relic that is not permitted to be relocated or is not defined as an excellent historical building, then the building can still be determined as a historical building subject to protection through the planning for protecting the historical-feature area, and this determination shall be publicized by the municipal administrative department of planning and natural resources. The specific method of managing the historical buildings that need to be preserved shall be formulated by the Municipal People’s Government separately.

Article 24

In the process of protecting the historical features, if a building needs requisition in the interest of the public, the requisition shall be implemented according to the state provisions on requisition and compensation.

Prior to the requisition of buildings, the district people’s government shall organize the district administrative department of housing and the district administrative department of planning and natural resources to check the excellent historical buildings and historical buildings subject to protection within the area of requisition.

In the process of requisition of buildings, the administrative department of housing requisition shall, according to the relevant provisions of this Municipality, properly protect the excellent historical buildings and historical buildings subject to protection.

Chapter IV  Protection of Excellent Historical Buildings

Article 25

The municipal administrative department of planning and natural resources shall, jointly with the municipal administrative department of housing, propose the protection scope of an excellent historical building and the limits of the peripheral construction control and, shall, after soliciting opinions from relevant specialists and the local district people’s government, report to the Municipal People’s Government for approval.

Article 26

No building shall be constructed within the peripheral-construction-control limits of an excellent historical building. Where there is an actual need to build auxiliary facilities for an excellent historical building, a report shall be submitted to the municipal administrative department of planning and natural resources for examination and approval. When making examination and approval, the municipal administrative department of planning and natural resources shall solicit opinions from the municipal administrative department of housing.

Article 27

Any building that is to be built, extended or reconstructed within the peripheral-construction-control limits of an excellent historical building shall be in tune with the excellent historical building in terms of use purpose, height, size, façade, materials and color. The original space landscape features around the building shall not be changed, nor shall the normal use of the excellent historical building be affected.

If any building is to be built, extended or reconstructed within the peripheral-construction-control limits of an excellent historical building, a report must be submitted to the municipal administrative department of planning and natural resources for examination and approval. When making examination and approval, the municipal administrative department of planning and natural resources shall solicit opinions from the municipal administrative department of housing and the local district people’s government.

Article 28

According to the historical, scientific and artistic value of an excellent historical building and its conditions, the requirements for protecting the building are divided into the following four categories:

1. The façade, structural system, plane layout and internal decoration of the building shall not be changed;

2. The façade, structural system, basic plane layout and the characteristic internal decoration of the building shall not be changed;

3. The main façade and main structural system of the building and the characteristic internal decoration of the building shall not be changed; And

4. The main façade of the building and the characteristic internal decoration of the building shall not be changed.

The municipal administrative department of housing shall, jointly with the municipal administrative department of planning and natural resources, propose the specific requirements for protecting the main part, the exterior pattern, and the surroundings of an excellent historical building, and shall, after being assessed by the specialists committee, report to the Municipal People’s Government for approval.

Article 29

The municipal and district administrative departments of housing shall do well in the guidance and service work for protecting excellent historical buildings. The district administrative department of housing shall notify the owners of the buildings and relevant property management units in writing of the specific requirements for protecting the buildings, and clarify their protection obligations.

If an excellent historical building is transferred or leased, the transfer or or lessor shall notify the transferee or lessee of the relevant protection requirements in writing. The transferee and lessee shall undertake the corresponding protection obligations.

Article 30

The municipal administrative department of housing shall organize the district administrative departments of housing to regularly conduct general check-ups on the use and protection of excellent historical buildings, and set up special files. The results of the general check-up shall be notified in writing to the owners, users and related property management units of these buildings.

The owner and the user of an excellent historical building shall cooperate in the general check-up of the building.

Article 31

It is prohibited to set up outdoor advertisements on an excellent historical building, and it is under strict control to set up other outdoor facilities.

To set up exterior facilities such as outdoor signboards and landscape lighting on an excellent historical building, and to reconstruct and add such facilities as sanitation, drainage or elevators for an excellent historical building shall all conform to the specific requirements for protecting the building. Moreover, the added outdoor facilities shall harmonize with the façade of the building.

The setting-up of outdoor advertisements, signboards and other facilities on excellent historical buildings shall be put under strict control. The authorized setting-up of outdoor advertisements, signboards, air-conditioners, neon lights, floodlights and other outer facilities on excellent historical buildings, or the reconstruction of sanitation, drainage, elevators and other internal facilities shall all comply with the specific prequirements of protecting these buildings. The setting-up of outer facilities shall also be in tune with the architectural façade.

Article 32

The owner and user of an excellent historical building shall not stack inflammables, explosives and corrosives in the building, and shall not conduct any activity that damages the load bearing structure of the building’s principal part, or other activities that endanger the building’s safety.

Article 33

The use purpose of an excellent historical building and the use function of its internal design shall not be changed arbitrarily.

If the owner of an excellent historical building really needs to change the use purpose of the building and the use function of its internal design according to the specific requirements for protecting the building, he/she shall submit his/her plan to the municipal administrative department of housing for examination and approval. This department shall solicit the opinions of the specialists committee before granting approval. If any change involves the use purpose authorized by the construction-project planning license, consent shall be obtained from the municipal administrative department of planning and natural resources.

Article 34

Where the present use of an excellent historical building does not conform to the building’s use purpose and the use function of its internal design, and therefore has caused a negative impact on the protection of the building, the owner of the building may, according to the requirements for protecting the building, make a plan for restoring or adjusting the building’s use purpose and use function of its internal design, and submit the plan to the municipal administrative department of housing for examination and approval. This department shall solicit the opinions of the specialists committee before granting approval. Where the case involves the planning management, consent shall be obtained from the municipal administrative department of planning and natural resources.

Where the present use of an excellent historical building does not conform to the building’s use purpose and the use function of its internal design, and has caused a serious negative impact on the protection of the building, the municipal administrative department of housing shall, after soliciting opinions of the specialists committee, make a decision on restoration or adjustment of the building’s use purpose and the use function of its internal design.

Article 35

In the case of a publicly-owned excellent historical building that is not included in the government requisition and is rented out according to the rent standard set by the government, if it is necessary to restore, adjust or change the building’s use purpose and the use function of its internal design for protecting the building and therefore its tenant really has to move out and discharge the tenancy agreement, then the lessor shall provide the tenant with resettlement compensation. The resettlement compensation shall be above the compensation standard for this Municipality’s housing requisition. The Municipal People’s Government may, according to the category, location, use and other factors of the excellent historical buildings, draw up directive standards for resettlement compensation. The specific amount of resettlement compensation shall be determined by the lessor and lessee through negotiation according to the directive standards and the principle of reasonableness and appropriateness. If the negotiation fails, the local district people’s government shall give a ruling after a party concerned makes an application. If a party disagrees with the ruling, it may bring a lawsuit before the people’s court according to law.

In the case of an excellent historical building that is rented out according to the market rent standard,if it is necessary to restore, adjust or change the building’s use purpose and the use function of its internal design and therefore it becomes impossible to perform the original tenancy contract, then the tenancy relationship shall be handled as prescribed in the original tenancy contract. If there is no arrangement in the contract, the lessor shall notify in writing, three months in advance, the lessee of the discharge of the tenancy contract, and shall bear the corresponding civil liability according to law.

If the excellent historical building is still for rent after the restoration, adjustment or change of its use purpose and the use function of its internal design, the original lessee shall enjoy the priority of tenancy right under the same condition. If the building is for sale, the original lessee shall enjoy the priority of purchasing right under the same condition.

Article 36

The owner of an excellent historical building shall, according to the specific requirements for protecting the building or the requirements put forward in the general check-up, promptly repair the building, the user of the building shall give cooperation, and the district administrative department of housing shall supervise, urge and guide them. If the owner of an excellent historical building fails to perform the obligation of repairs and the case is serious, the district administrative department of housing, after confirming the case, may apply to the real estate registration agency to record the case in the real estate register book.

The owner of an excellent historical building shall be responsible for the repairs and maintenance, and bear the corresponding expenses. Where there are other arrangements between the owner and the user, such arrangements shall prevail. The owner or user of the building, who is responsible for the repairs, may apply to the district people’s government for subsidies.

The lessee of a publicly-owned, non-residential excellent historical building rented out according to the rent standard set by the government shall bear part of the repair expenses, which is the difference between the government-set rent standard and the market rent standard.

Article 37

If the owner of an excellent historical building fails to make timely repairs according to the specific requirements for protecting the building and therefore the building is damaged or endangered, or if the owner fails to regularly refurbish the building’s façade, the district administrative department of housing shall order the owner to make quick repairs or refurbishment within a time limit.

Article 38

The owner of an excellent historical building shall entrust specialized design and construction units with appropriate qualifications to repair the building.

The owner of an excellent historical building shall submit the design and construction plans for the repairs to the municipal administrative department of housing beforehand. If any change involves the load-bearing structure of the building’s principal part, an application shall be made to the municipal administrative department of planning and natural resources to obtain the construction-project planning permit. Before issuing the construction-project planning permit, the municipal administrative department of planning and natural resources shall obtain consent from the municipal administrative department of housing.

Article 39

The repairs on excellent historical buildings shall conform to the state and municipal architectural technology norms and technical provisions governing repairs on excellent historical buildings. If the repairs on the building cannot be done according to the architectural technology norms, the municipal administrative department of housing shall organize relevant specialists and relevant administrative departments to coordinate in determining an appropriate repair plan.

The technical specifications governing repairs on excellent historical buildings shall be proposed by the municipal administrative department of housing jointly with the municipal administrative department of planning and natural resources, and shall be determined after solicitation of opinions from relevant specialists and relevant administrative departments.

Article 40

The filing materials such as writings, drawings and pictures produced during the building repair project permitted by the municipal administrative department of planning and natural resources shall be promptly submitted by the owner of the excellent historical building to the municipal city-construction archives.

Article 41

If an excellent historical building is in danger of destruction by force majeure or other effects, the owner of the building shall promptly organize rush repairs and protection, take reinforcement measures, and report to the district administrative department of housing. This department shall urge and supervise them, and shall promptly correct any measure that does not meet the specific requirements for protecting the building.

Article 42

An excellent historical building defined according to law shall not be relocated or demolished without authorization. If an excellent historical building must be relocated, demolished or duplicated due to special needs, such matters shall be jointly proposed by the municipal administrative department of planning and natural resources and the municipal administrative department of housing, and shall, after the examination and assessment by the specialists committee, be reported to the Municipal People’s Government for approval.

During the process of the relocation, demolition or duplication of an excellent historical building, a good job shall be done in detailed mapping of the building, information recording, and filing materials preservation, and such materials shall be submitted to the municipal city-construction archives in a timely fashion according to relevant provisions of this Municipality on management of files of construction project completion.

Chapter V  Legal Liability

Article 43

If any person, in violation of the provisions of these Regulations, conduct construction activities arbitrarily or without meeting the approved requirements in the planned protection scope of historical-feature areas or in the protection scope and peripheral-construction-control limits of  excellent historical buildings, then he/she shall be handled according to relevant provisions of the Regulations of Shanghai Municipality on City Planning and the Provisions of Shanghai Municipality on Demolishing Illegal Buildings.

Article 44

If any person, in violation of the provisions of these Regulations, set up or reconstruct related facilities without meeting the specific requirements for protecting an excellent historical building, or arbitrarily change the use purpose or use function of the internal design of an excellent historical building, or conduct activities that endanger the safety of the building, then he/she shall be ordered by the municipal administrative department of housing or the district administrative department of housing to make corrections within a prescribed time limit, and may be cumulatively penalized with a fine of not less than 2 percent but not more than 20 percent of the re-purchase cost of the excellent historical building.

Article 45

If any person, in violation of the provisions of these Regulations, arbitrarily relocate an excellent historical building, he/she shall be ordered by the municipal administrative department of planning and natural resources to make corrections within a prescribed time limit or to restore the building to its original state, and may be cumulatively penalized with a fine that is one time to three times the re-purchase cost of the excellent historical building.

If any person, in violation of the provisions of these Regulations, arbitrarily demolish an excellent historical building, he/she shall be ordered by the municipal administrative department of housing or the district administrative department of housing to make corrections within a prescribed time limit, or to restore the building to its original state, and may be cumulatively penalized with a fine that is three times to five times the repurchase cost of the excellent historical building.

Article 46

If any person, in violation of the provisions of these Regulations, repair an excellent historical building without meeting the specific requirements for protecting the building or the relevant technical norms, he/she shall be ordered by the municipal administrative department of housing or the district administrative department of housing to make corrections within a prescribed time limit, restore the building to its original state, and may be cumulatively penalized with a fine of not less than 3 percent but not more than 30 percent of the repurchase cost of the excellent historical building.

Article 47

If any person, in violation of the provisions of these Regulations, fails to submit in a timely manner the filing materials of the repair, relocation, demolition or duplication project concerning an excellent historical building, he/she shall be ordered by the municipal administrative department of planning and natural resources to submit these materials within a prescribed time limit. Any person who still fails to submit these materials after the deadline shall be handled according to relevant provisions of laws and regulations governing archives management.

Article 48

If the administrative department of planning and natural resources, administrative department of housing or other related administrative departments, or their staff members exercise their functions and powers in violation of the provisions of these Regulations, then they shall be given administrative punishment by their own unit or higher authorities according to law if they are guilty of one of the following cases. If economic losses are caused to the person affected by their management, compensation shall be made according to relevant state provisions. If the act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law:

1. defining, adjusting or canceling a protection target in violation of the legal procedures or illegally approving the relocation or demolition of an excellent historical building;

2, arbitrarily approving illegal construction activities in the planned protection scope of a historical-feature area or in the protection scope of an excellent historical building, or illegally approving a change of the use purpose and the use function of the internal design of an excellent historical building;

3. failing to promptly handle illegal acts that do harm to a protection target; or

4. other acts of dereliction, power-abuse and malpractice for selfish ends

Article 49

If a party concerned disagrees with the specific administrative act made by an administrative department, that party may apply for administrative reconsideration or bring an administrative lawsuit according to the provisions of the Administrative Reconsideration Law of the People ’s Republic of China and the Administrative Litigation Law of the People ’s Republic of China.

Chapter VI  Supplementary Provisions

Article 50

Protection of renowned historical and cultural towns and villages shall be conducted in accordance with the relevant provisions of the State and this Municipality.

Article 51

These Regulations shall be effective as of January 1, 2003.