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

(Adopted at the 41st Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on July 25, 2002; amended for the first time according to the Decision on Revising Part of This Municipality's Local Rules adopted at the 21st Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on September 17, 2010; amended for the second time according to the Decision on Revising Part of This Municipality's Local Rules adopted at the 31st Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on December 22, 2011; amended for the third time according to the Decision on Revising the Regulations of Shanghai Municipality on Protection of Historical-feature Areas and Excellent Historical Buildings adopted at the 14th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on September 26, 2019; amended for the fourth time in accordance with with the Decision of the Standing Committee of Shanghai Municipal People's Congress on Amending Twelve Local Rules Including the Regulations of Shanghai Municipality on Elderly Care Service and Repealing Six Local Rules Including the Provisions of Shanghai Municipality for the Protection and Development of Telecommunications adopted at the 9th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on December 28, 2023)

Chapter I General Provisions

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 the 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 protection 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 the protection and administration of 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.

This Municipality's other relevant administrative departments 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 government shall be responsible for the protection of historical-feature areas and excellent historical buildings within their respective administrative area, and shall provide necessary policy guarantee and support of funds.

The committees for the protection of 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.

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

Article 6

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

Both this Municipality and districts shall establish special funds for the protection of historical-feature areas and excellent historical buildings, and the sources of the funds shall be:

1. funds arranged by the municipal and 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.

Article 7

A specialist committee shall be established for the protection of the areas with historical features and excellent historical buildings in this Municipality.

The Specialist Committee for the Protection of the Historical-feature Areas and Excellent Historical Buildings (hereinafter referred to as the Specialist Committee) shall, according to the provisions of these Regulations, take charge of the examination and appraisal involving affirmation, adjustment, cancellation, and other relevant matters of protection targets, providing consultative suggestions for decision-making by the Municipal People's Government. The Specialist Committee shall be composed of personnel from sectors of planning, housing, land, architecture, cultural relics, history, culture, society, and economy, the specific composition methods and working rules of which 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:

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 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

In respect of any building found in urban construction to be of protective value but not yet defined as an excellent historical building, protective measures may be first taken by taking the relevant provisions of these Regulations as reference after the initial determination of the municipal administrative department of planning and natural resources and the municipal administrative department of housing, the procedure provided in Article 11 of these Regulations shall be followed to apply for approval to list the building as an excellent historical building.

Chapter III Protection of Areas with Historical Features

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 ratio is 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 shall solicit opinions from the municipal administrative department of housing.

Article 20

No arbitrary alteration of the nature of the planned use of land the planned protection scope of a historical-feature area is allowed. If the nature of use of buildings fails to comply with the requirements for the protection of 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 cannot meet the requirements of this Municipality owing to the need to protect the historical features, 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 The 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 peripheral construction control and, 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 in the limits of peripheral construction control of an excellent historical building shall be in tune with the excellent historical building in terms of use nature, height, volume, elevation, materials and color. No original space landscape features around the building shall 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

This Municipality implements a responsible person system for the protection of the excellent historical building.

The owner of an excellent historical building shall be the person responsible for its protection. Where an excellent historical building is a state-owned property or is managed by the administrative department of housing according to law, the housing operation or management unit shall be the person responsible for the protection.

Article 30

The person responsible for the protection of an excellent historical building shall fulfill the following protection responsibilities:

1. carrying out daily maintenance and repairs according to the specific requirements for the protection of the excellent historical buildings and the requirements of the regular check-ups;

2. safeguarding the safety of the building, ensuring the normal operation of fire and other facilities and equipment, and taking timely measures to eliminate the hidden safety dangers or risks and reporting them to relevant administrative departments when discovering any form of safety danger or risk; and

3. cooperating with relevant administrative departments in conducting regular check-ups of excellent historical buildings, grid management, and other work.

Article 31

The user of an excellent historical building shall, in accordance with the provisions of the State and this Municipality, use the building and its facilities and equipment in a proper and safe manner. Upon discovering any safety hazards or risks, the user shall take timely measures to eliminate the hazards or risks, and report to the relevant administrative department.

The user of an excellent historical building shall cooperate with the person responsible for the protection of the building to perform their protection obligations, and shall cooperate with relevant administrative departments in conducting regular check-ups and grid management of the excellent historical building.

Article 32

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

Where an excellent historical building is transferred or leased, the transferor or lessor shall notify the transferee or lessee of relevant protection requirements in writing, and shall submit the notifications to the district administrative departments of housing for records. The transferee and lessee shall undertake corresponding protection obligations.

Article 33

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 general check-ups shall be notified in writing to the persons responsible for the protection, users, and related property management units of these buildings.

Article 34

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.

When examining and approving the establishment of outer facilities, or the reconstruction or addition of internal facilities, relevant administrative departments shall solicit opinions from the district administrative department of housing.

Article 35

The owner and user of an excellent historical building shall not stack inflammable, explosive, or corrosive 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 36

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

If the person responsible for the protection actually needs to change the use nature and use function of the internal design according to the specific protection requirements of the building, he/she shall submit the plan to the municipal administrative department of housing for examination and approval. The municipal administrative department of housing shall solicit the opinions of the specialists committee before granting approval. If any change involves the use nature authorized by the construction project-planning license, consent shall be sought from the municipal administrative department of planning and natural resources.

Article 37

Where present use of an excellent historical building does not conform with the building's use nature and use function of internal design, and therefore has caused a negative impact on the protection of the building, the persons responsible for the protection of the building may, according to the building's specific protection requirements, make a scheme for restoring or adjusting the building's use nature and use function of internal design, and submit the scheme to the municipal administrative department of housing for examination and approval. The municipal administrative department of housing shall solicit the opinions of the Specialists Committee before granting approval. In case of involvement to planning management, consent shall be sought from the municipal administrative department of planning and natural resources.

Where the present condition of using an excellent historical building does not conform with the building's use nature and use function of internal design, and causes serious 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 the restoration or adjustment of the building's use nature and use function of internal design.

Article 38

If a publicly-owned excellent historical building, which is not included in the government requisition and is rented out according to the rent standards set by the government, needs to have its use nature and use function of internal design restored, adjusted or changed for protection, and its tenant really has to move out and discharge the tenancy agreement, the lessor shall resettle the tenant with compensation. The compensation for resettlement shall be above the standards of compensation for this Municipality's housing requisition and resettlement. The Municipal People's Government may, according to the category, location, use, and other factors of the excellent historical building, draw up directive standards for resettlement compensation. The specific amount of resettlement compensation shall be determined by the lessor and lessee through consultation and according to the directive standards and the principle of reasonableness and appropriateness. If consultation fails, the local district people's government shall give a ruling after the party concerned makes an application. The party concerned, if disagreeing with the ruling, may bring a lawsuit before the people's court according to law.

If an excellent historical building, which is rented out according to market rent standards, needs to have its use nature and use function of internal design restored, adjusted or changed for protection, and make the original tenancy contract unable to be performed, the tenancy relationship shall be handled as stipulated in the original tenancy contract. If there is no arrangement, the lessor shall notify in writing, three months in advance, the lessee of the discharge of tenancy contract, and shall bear corresponding civil liability according to law.

If the excellent historical building is still for rent after the restoration, adjustment or modification of its use nature and use function of 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 preemption under the same condition.

Article 39

The persons responsible for the protection of excellent historical buildings shall, according to the building's specific protection requirements or requirements put forward in general check-ups, timely refurbish the building and the user of the building shall give cooperation, and the district administrative department of housing and land shall supervise and urge and give guidance. Where a person responsible for the protection fails to perform the obligation of repairs and the case is serious, the district administrative department of housing may, after confirming the case, 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 stipulations between the owner and the user, such stipulations shall prevail. The person responsible for the protection of the building or the user of the building 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 standards set by the government shall bear partial repair expenses in the proportion of difference between government-set rent standards and market rent standards.

Disputes arising in the process of refurbishing an excellent historical building shall be settled through negotiation, mediation, and litigation according to law.

Article 40

If the person responsible for the protection 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 41

The person responsible for the protection of an excellent historical building shall entrust specialized design and construction units with appropriate qualification to carry out the repairs on the building.

The person responsible for the protection of an excellent historical building shall submit the design and construction scheme for 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 for the construction project-planning permit. Before issuing the construction project-planning permit, the municipal administrative department of planning and natural resources shall seek approval from the municipal administrative department of housing.

Article 42

The repairs on excellent historical buildings shall conform to the State and this Municipality's architectural technology norm and technical provisions governing repairs on excellent historical buildings. If the repairs on the building cannot be done according to the architectural technology norm, the municipal administrative department of housing shall organize relevant specialists and relevant administrative departments to coordinate in determining appropriate repair plans.

The technical provisions 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 be determined after solicitation of opinions from relevant specialists and relevant administrative departments.

Article 43

The filing materials such as writings, drawings, and pictures brought about by the building repair project with permission of the municipal administrative department of planning and natural resources shall be submitted timely to the municipal city construction archives by the person responsible for the protection of the excellent historical building.

Article 44

If an excellent historical building is in danger of destruction by force majeure or other effects, the person responsible for the protection of the building shall promptly organize rush repairs and protection, take reinforcement measures and report to the district administrative department of housing. The said administrative department shall supervise and urge and give guidance, and shall timely correct any measure that does not meet the building's specific protection requirements.

Article 45

The excellent historical building defined according to law shall not be removed or demolished without authorization. If an excellent historical building must be removed, 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 implementation of the removal, demolition or duplication of an excellent historical building, the building's detailed mapping, information recording, and filing materials preservation work shall be done well, and such materials shall be timely submitted to the municipal city construction archives according to relevant provisions of this Municipality on management of files of completion of construction projects.

Chapter V Legal Liability

Article 46

Violators of the provision of these Regulations, who conducts construction activity arbitrarily or without meeting the approved requirements within the planned protection scope of historical-feature areas, or within the protection area of or limits of peripheral construction control of excellent historical buildings, shall be handled according to relevant provisions including the Regulations of Shanghai Municipality on City Planning and the Provisions of Shanghai Municipality on Demolishing Illegal Buildings.

Article 47

In violation of the provision of these Regulations, where the person responsible for the protection of an excellent historical building or the user of an excellent historical building fails to fulfill their protection responsibilities, such person or user shall be ordered by the district administrative department of housing to make a correction. If the person or the user refuses to make such a correction, a fine of not less than 10,000 yuan but not more than 50,000 yuan may be imposed on a unit, and a fine of not less than 2,000 yuan but not more than 10,000 yuan may be imposed on an individual. For serious cases, a fine of not less than 50,000 yuan but not more than 100,000 yuan may be imposed on a unit, and a fine of not less than 10,000 yuan but not more than 50,000 yuan may be imposed on an individual. Any violation of requirements for building safety and fire safety shall be handled in accordance with the relevant provisions on property management and fire safety.

Article 48

Violators of the provision of these Regulations, who set up or reconstruct related facilities without meeting the buildings' specific protection requirements, or arbitrarily change the use nature or use function of internal design of excellent historical buildings, or conduct activities that endanger buildings' safety, shall be ordered by the municipal administrative department of housing or the district administrative department of housing to correct within a time limit, and may be cumulatively penalized with a fine of between not less than 2 percent and not more than 20 per cent of the rebuilding cost of the excellent historical building.

Article 49

Violators of the provision of these Regulations, who arbitrarily remove an excellent historical building, shall be ordered by the municipal administrative department of planning and natural resources to correct within a time limit or to restore the building to its original state, and may be cumulatively penalized with a fine of one time to three times the rebuilding cost of the excellent historical building.

Violators of the provision of these Regulations, who arbitrarily demolish an excellent historical building, shall be ordered by the municipal administrative department of housing or the district administrative department of housing to correct within a time limit, or to restore the building to its original state, and may be cumulatively penalized with a fine of three times to five times the rebuilding cost of the excellent historical building.

Article 50

Violators of the provision of these Regulations, who repair an excellent historical building without meeting the building's specific protection requirements or relevant technical norms, shall be ordered by the municipal administrative department of housing or the district administrative department of housing to correct within a time limit, restore the building to its original state, and may be cumulatively penalized with a fine of between not less than 3 percent and not more than 30 percent of the rebuilding cost of the excellent historical building.

Article 51

Violators of the provision of these Regulations, who fail to timely submit filing materials of the excellent historical building's repair, removal, demolition, or duplicate project, shall be ordered by the municipal administrative department of planning and natural resources to submit these materials within a time limit. Any person who still fails to submit these materials after the deadline shall be handled according to relevant provisions of laws and rules governing management of archives.

Article 52

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, 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 counterpart of 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 53

The party concerned, if he disagrees with the administrative act made by an administrative department, may apply for administrative reconsideration or bring an administrative lawsuit according to the provisions of the Law of the People's Republic of China on Administrative Reconsideration and the Law of Administrative Litigation of the People's Republic of China.

Chapter VI Supplementary Provisions

Article 54

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 55

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