Provisions of Shanghai Municipality on the Planning Administration of the Temporary Construction and Temporary Construction Land on State-Owned Construction Land

Article 1 (Purpose and Basis)

With a view to regulating the management of temporary constructions and temporary construction land on state-owned construction land within this Municipality, these Provisions are formulated in accordance with the Regulations of Shanghai Municipality on Urban and Rural Planning and relevant provisions, and in the light of the actual circumstances of this Municipality.

Article 2 (Scope of Application)

These Provisions shall apply to the planning administration of temporary construction and temporary construction land on state-owned construction land within this Municipality.

Article 3 (Definitions)

The term temporary construction as used in these Provisions refers to the activities of a development unit (or individual) approved to build temporarily used buildings, structures, roads or pipelines on state-owned construction land; temporary construction land refers to a development unit (or individual) approved to temporarily use state-owned construction land for construction or use as a storage yard, construction site, parking lots, etc.

Article 4 (Administrative Departments)

The municipal planning and natural resources department is the administrative authority responsible for temporary constructions and temporary construction land within this Municipality. All district planning and natural resources departments are responsible for the planning and land management of temporary constructions and temporary construction land within their respective jurisdictions.

Article 5 (Approval and Construction Permit Requirements)

Except for using its own project construction land, any development unit (or individual) requiring temporary land use must apply to the district planning and natural resources department for a Temporary Construction Land Planning Permit and temporary construction land use approval documents. The development unit (or individual) must use the land temporarily in compliance with the content and requirements approved in the Temporary Construction Land Planning Permit.

Except for temporary construction facilities within an already approved construction project site, any development unit (or individual) undertaking temporary construction must apply to the district planning and natural resources department for a Temporary Construction Project Planning Permit. The development unit (or individual) must carry out construction activities in compliance with the content and requirements approved in the Temporary Construction Project Planning Permit.

Article 6 (Provisions on Temporary Construction Management)

Temporary construction projects shall comply with the following provisions:

1.Temporary constructions shall not impede the implementation of regulatory detailed plans or near-term construction plans, nor shall they adversely affect public health, public safety, public transportation, or urban aesthetics.

2.Temporary buildings shall be limited to two stories or fewer (including two stories), and the construction of basements or semi-basements shall be prohibited.

3.The planning administration of temporary constructions shall follow Shanghai Urban Planning Administration Technical Provisions (hereinafter referred to as Technical Provisions). If strict compliance is difficult within the Inner Ring Road (Puxi area), the planning and natural resources department may make specific ratification, provided that the surrounding environment is not severely impacted. If the spacing between temporary buildings/structures and adjacent buildings/structures is less than the required by the Technical Provisions, the development unit (or individual) shall obtain an agreement from the directly affected neighboring parties.

Article 7 (Provisions on Temporary Construction Land Management )

Except for construction project needs or urgently required public service facilities, temporary construction land use shall be strictly controlled. Temporary construction land use shall comply with the following provisions:

1.Temporary construction land use shall not impede the implementation of regulatory detailed plans or near-term construction plans. It is prohibited to allocate temporary construction land within urban areas designated for near-term development.

2.Temporary construction land use shall not adversely affect public health, public safety, public transportation, or urban aesthetics.

3.Temporary construction land use is prohibited in existing urban public green spaces, municipal utility land, or educational land.

4.Temporary construction land use within the protected zones or development control zones of historical sites, heritage buildings, cultural relics, or within the protected zone of nature reserves, scenic areas, as well as within the urban/rural planning conservation districts shall comply with urban and rural planning requirements.

Article 8 (Permits for Temporary Constructions Planning Alteration)

Any development unit (or individual) shall carry out temporary construction in accordance with the approved planning permit. Any alterations must be approved by the original approving authority. Temporary construction projects shall not be transferred or traded.

Article 9 (Alteration of Use Nature of Temporary Construction Land)

No development unit (or individual) may arbitrarily alter the use nature of temporary construction land. If an alteration is indeed necessary, it must be approved by the original approving authority. Temporary construction land shall not be sold, transferred, leased, or used for permanent construction projects.

Article 10 (Application Requirements)

When applying for a Temporary Construction Land Planning Permit, for land not owned by the development unit (or individual), the applicant shall submit proof of land ownership and a temporary land use agreement with the landowner; for land owned by the development unit (or individual) but held in reserve, the applicant shall submit proof of land ownership; for non-owned reserve land, the applicant shall submit proof of land ownership and a temporary land use agreement with the land reserve agency.

Applications for a Temporary Construction Land Planning Permit may be submitted concurrently with applications for temporary construction land use approval documents.

When applying for a Temporary Construction Project Planning Permit, for temporary construction on its own project construction land, the development unit (individual) shall submit relevant proof of land ownership; for temporary construction on land not owned by the development unit (or individual) or on reserve land, the applicant shall provide the Temporary Construction Land Planning Permit and temporary construction land use approval documents.

The development unit (or individual) undertaking temporary construction shall, based on the use purpose of the project, solicit opinions from the relevant departments of fire safety, ecology and environment, health, etc., and submit such opinions to the planning and natural resources department while applying for the Temporary Construction Project Planning Permit.

If a construction project requires temporary use of land outside the project site, the development unit (or individual) may apply for it concurrently when applying for construction land use approval. The planning and natural resources department shall review and approve such application together with the Construction Land Use Planning Permit and construction land use approval documents.

Article 11 (Validity Period)

The validity period of the Temporary Construction Land Use Planning Permit shall align with that of the temporary construction land use approval documents. The validity period of the Temporary Construction Project Planning Permit shall not exceed two years; where temporary construction land use is involved, the validity period shall also align with that of the temporary construction land use approval documents.

The development unit (or individual) shall dismantle temporary structures and restore the site to its original condition before the expiration of the Temporary Construction Project Planning Permit. If an extension is indeed necessary, an application must be submitted to the original approving authority at least 30 days prior to expiration. Only one extension may be granted, for a period not exceeding one year.

Article 12 (Site Restoration)

In the approval documents for temporary construction land use, the following contents should be clarified: During the approved validity period of temporary constructions or temporary construction land use, if the implementation of regulatory detailed plans, near-term construction plans, or other public welfare projects necessitates removal, the development unit (or individual) shall dismantle temporary structures and restore the site to its original condition within 30 days of receiving written notice from the planning and natural resources department.

Article 13 (Disclosure of Project Planning Permits)

Upon obtaining the Temporary Construction Project Planning Permit, the temporary construction project shall be publicly disclosed as required by the Provisions of Shanghai Municipality on Public Disclosure of Construction Project Planning Permits.

Article 14 (Post-Approval Management)

After obtaining the Temporary Construction Project Planning Permit, the development unit (or individual) shall, in compliance with the Regulations of Shanghai Municipality on Urban and Rural Planning, apply to the planning and natural resources department for construction layout re-inspection and completion inspection.

Article 15 (Penalties)

The development unit (or individual) violating these Provisions through illegal construction activities shall be penalized by the planning and natural resources department in accordance with the Urban and Rural Planning Law of the People's Republic of China, the Regulations of Shanghai Municipality on Urban and Rural Planning, and other relevant laws and rules.