catalogue
Chapter I General Principles
Chapter II Formulation of Urban Planning
Chapter III Development of New Urban Areas and Transformation of Old Urban Areas
Chapter IV Protection of Historical and Cultural Cities (Towns)
Chapter V Implementation of Urban Planning
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Principles
Article 1 These Regulations are formulated in accordance with the Urban Planning Law of People's Republic of China (PRC) (hereinafter referred to as the Urban Planning Law) and the Measures of Jiangsu Province for Implementing the Urban Planning Law of People's Republic of China (PRC) (hereinafter referred to as the Provincial Implementation Measures) in order to formulate urban planning scientifically and reasonably, strengthen urban planning management and ensure the implementation of urban planning.
Article 2 The cities and towns established within the administrative area of Suzhou according to the administrative system must abide by these regulations when formulating and implementing urban planning and carrying out construction within the urban planning area.
Article 3 Urban planning areas include urban areas, suburban areas and urban administrative areas that need planning control due to urban construction and development. The specific scope of urban planning area shall be defined by the people's governments at all levels in the overall urban planning.
Article 4 Suzhou Urban Planning Bureau (hereinafter referred to as the Municipal Planning Bureau) is the competent department of urban planning administration of Suzhou Municipal People's Government.
The urban planning management of each district shall be implemented by the agency of the Municipal Planning Bureau.
County (city) urban planning administrative departments in charge of urban planning work within their respective jurisdictions.
The Town People's Government is responsible for the urban planning and management within its administrative area.
Article 5 The main responsibilities of the competent department of city planning administration are:
(a) the implementation of laws, regulations and rules relating to urban planning;
(two) responsible for the preparation and implementation of urban planning management;
(three) to participate in the preparation of territorial, regional, economic and social development plans and various professional plans related to urban planning;
(four) to participate in the site selection and feasibility study of construction projects;
(five) responsible for the planning and management of the assignment and transfer of state-owned land use rights in urban planning areas;
(six) to investigate and deal with illegal cases of urban planning.
City, county (city) people's government must strengthen the inspection and supervision of the competent department of city planning administration that exercises the responsibility of city planning management according to law. City, county (city) construction (urban construction) departments must strengthen planning, organization and coordination, and manage the implementation of urban planning.
Article 6 All units and individuals within the administrative area of Suzhou have the obligation to abide by these Regulations, and have the right to report and accuse violations of urban planning.
Chapter II Formulation of Urban Planning
Seventh city planning should be based on the national and provincial national economic development strategy, urban economic and social development planning, as well as the local natural environment, resource conditions, historical conditions and current characteristics, overall consideration, comprehensive deployment.
Urban infrastructure projects determined by urban planning shall be incorporated into the national economic and social development plan in accordance with the provisions of the national capital construction procedures and implemented step by step as planned.
Article 8 Urban planning shall focus on the protection of historical and cultural heritage and valuable natural landscapes in accordance with the requirements of promoting modernization and protecting historical and cultural cities (towns), protecting and improving urban ecological environment, preventing and controlling pollution and other public hazards, and strengthening urban greening construction and city appearance and environmental sanitation construction.
Ninth city, county (city) city planning should be based on the overall planning, zoning planning and detailed planning, town planning should be based on the overall planning and detailed planning.
Article 10 The Municipal People's Government shall be responsible for organizing the preparation of the overall urban planning of Suzhou, and after the approval of the Municipal People's Congress or its Standing Committee, it shall be submitted to the provincial people's government for approval.
The master plan of the town where the county (city) people's government is located and the master plan of the important town determined by the province shall be organized by the county (city) people's government and submitted to the Suzhou Municipal People's government for approval after being examined and approved by the people's congress at the same level or its standing committee.
The overall planning of other towns shall be organized by the county (city) planning administrative department in conjunction with the town people's government, and shall be submitted to the county (city) people's government for examination and approval after being adopted by the town people's congress, and reported to the Municipal Planning Bureau for the record.
Eleventh district planning by the competent department of city planning administration organization, submitted to the Municipal People's government for approval.
Twelfth detailed planning (regulatory detailed planning and construction detailed planning) organized by the competent department of city planning administration, submitted to the Municipal People's government for approval.
Thirteenth professional master plan by the competent department of city planning administration and the competent department of professional * *, unless otherwise stipulated by the state and province, submitted to the Municipal People's government for approval.
Article 14 The modification or layout change of the overall urban planning of Suzhou shall be examined and approved by the Suzhou Municipal People's Congress or its Standing Committee, submitted to the provincial people's government for approval, and submitted to the State Council for examination and approval; Modification or partial adjustment of zoning planning, detailed planning and professional planning shall be reported to Suzhou Municipal People's Government for examination and approval, and reported to Suzhou Municipal People's Congress or its Standing Committee for the record; Modification or adjustment of zoning planning, detailed planning and various professional planning, which involves local adjustment of the overall urban planning, shall be implemented after examination and approval by the people's congress at the same level or its Standing Committee; Involving the adjustment of professional plans, it must be coordinated by the relevant professional authorities and submitted for approval according to the original procedures.
County (city) city overall planning, zoning planning, detailed planning, professional planning modification or local adjustment, according to the original procedures for approval. The approved overall urban planning, zoning planning, detailed planning and professional planning shall not be modified by any unit, department or individual without authorization.
Chapter III Development of New Urban Areas and Transformation of Old Urban Areas
Article 15 The development of new urban areas and the reconstruction of old urban areas must obey the overall urban planning, adhere to the principles of unified planning, rational layout, land conservation, comprehensive development, local conditions and supporting construction, give overall consideration to social, environmental and economic benefits, and implement them in strict accordance with detailed planning.
Sixteenth city construction layout must meet the conditions stipulated in article seventeenth of the provincial implementation measures. The location of various construction projects shall not hinder the development of the city, endanger the safety of the city, pollute and destroy the urban environment and urban features, and affect the coordination of various functions of the city.
Article 17 The development of new urban areas and the reconstruction of old urban areas shall control the building density and urban environmental capacity, and the planned road sections, blocks and plots shall control the land use, which shall be implemented in accordance with detailed planning and shall not be built sporadically.
Article 18 The development of new urban areas and the reconstruction of old urban areas shall properly protect buildings and scenic spots with historical significance, revolutionary commemorative significance, cultural, artistic and scientific value.
Article 19 The construction of new urban areas shall be planned as a whole, and the development of facilities such as central heating, environmental protection, sanitation, posts and telecommunications, communications, electric power, water supply, gas supply, roads, fire protection, parking lots, bazaars, schools and other public welfare undertakings shall be implemented in strict accordance with the approved professional planning.
Green space construction in new urban areas must conform to urban planning, and public green space, attached green space, residential green space, protective green space and production green space should be constructed in accordance with the prescribed indicators.
Twentieth urban renewal should follow the principles of strengthening maintenance, rational utilization, adjusting layout, gradually improving, unified planning and phased implementation. Efforts will be made to improve traffic and living conditions, improve infrastructure and public living facilities, improve the urban environment and cityscape, and improve the city's comprehensive service functions. The focus of reconstruction is on dangerous buildings and urban-rural fringe, low-lying areas and areas and lots with traffic jams, poor infrastructure and serious environmental pollution.
Chapter IV Protection of Historical and Cultural Cities (Towns)
Twenty-first countries and provinces to determine the historical and cultural city (town), the traditional local characteristics of the town planning, should protect the historical and cultural heritage, traditional urban style and local characteristics, the specific scope, content and object in the overall planning to determine.
Twenty-second historical and cultural cities (towns) should protect traditional features, classical gardens, cultural relics and ancient buildings. Buildings (structures) in historical and cultural cities (towns) that are not in harmony with the traditional style should be gradually transformed according to the planning requirements.
Twenty-third Suzhou city should protect the style of the ancient city. The scope of protection includes Suzhou Ancient City, Shantang Street, Shantang River and Qiao Feng Road, Shangtang River, Qiao Feng Ancient Town, Tiger Hill and Liuyuan and Xiyuan areas within the moat.
The protection of Suzhou ancient city should correctly handle the relationship with modernization;
(a) to protect the traditional urban pattern in the ancient city; Three horizontal, three vertical and one ring to protect the water system; Protect classical gardens, cultural relics, ancient and famous trees, ancient city wall sites and ancient buildings; Protect the city outline of the ancient city.
(two) within the scope of protection of the ancient city, it is not allowed to build or expand factories and large and medium-sized warehouses; Shall not build buildings (structures) that do not conform to the style of the ancient city; Buildings (structures) shall not be built within the protection scope of the ancient city wall site.
(three) focus on the transformation and construction of infrastructure and public facilities in the ancient city. Renovation and upgrading of blocks, old houses and ancient dwellings to realize the modernization of internal facilities, and the building should maintain the traditional architectural characteristics of Suzhou; The construction shall conform to the indicators stipulated by the state.
Chapter V Implementation of Urban Planning
Twenty-fourth new construction, renovation, expansion, decoration, facade decoration and other construction projects (including underground facilities and temporary buildings). In the urban planning area, it must conform to the urban planning and obey the planning management.
Twenty-fifth city planning management by the competent department of city planning administration issued site submissions, construction land planning permit, construction project planning permit system.
Twenty-sixth urban planning administrative departments issued site submissions, construction land planning permits, in accordance with the "provincial implementation measures" twenty-fourth, twenty-fifth procedures; The issuance of construction project planning permits shall be handled in accordance with the following procedures;
(a) the construction unit or individual to fill in the "construction project planning permit application form" and attach the construction project approval documents, construction land planning permit (housing property certificate and dangerous house identification attached to the house decoration), construction area topographic map and land approval documents;
(two) the competent department of city planning administration according to the city planning, put forward the requirements of construction project planning and design, as the basis of engineering design;
(3) The construction unit or individual shall submit the examination and approval opinions of the design scheme planning and the audit opinions of relevant departments, the construction design drawings of the construction project (the construction design drawings submitted by the municipal engineering pipeline shall include the longitudinal profile) and the design budget of the construction project;
(four) the competent department of city planning administration shall, after confirming that it meets the requirements of city planning, issue a planning permit for construction projects.
Planning buildings on both sides of the road or construction projects that should be located shall be issued with construction project planning permits after the alignment is correct.
Temporary construction project planning permit can be handled with reference to the above procedures.
Article 27 Reconstruction, expansion, simple facilities, temporary buildings, sporadic construction projects (except within 50 meters on both sides of important roads) and projects that have not been approved by site selection opinions and construction land planning permits, only need to apply for construction project planning permits. When handling the construction project planning permit, the original land use certificate shall be provided, and other procedures shall be handled with reference to items (1), (2), (3) and (4) of Article 26 of this Ordinance.
Article 28 In the urban planning area, where residents (villages) build, expand, rebuild or renovate private houses, the applicant shall sign an opinion at the local residents' (village) committee, neighborhood office or township (town) people's government with the property right certificate, land use right certificate and household registration certificate, and issue a construction project planning permit after the approval of the local planning management department or the county (city) urban planning administrative department; Or the town people's government entrusted by the county (city) urban planning administrative department shall issue the construction project planning permit and report it to the entrusting organ for the record.
The application for homestead shall be signed by the local residents' (village) committees, neighborhood offices or township (town) people's governments, and approved by the local planning management agency or the county (city) urban planning administrative department for examination, and the land management department shall go through the formalities for land use.
Article 29 The troops, provincial units and other units within the urban planning area of Suzhou City have obtained land use rights and opinions on the site selection of construction projects, construction land planning permits and construction project planning permits on the land across cities, counties (cities) and towns, which shall be reviewed by the competent department of urban planning administration of the local urban people's government and issued after being submitted to the competent department of urban planning administration of Suzhou City for examination and approval.
Thirtieth city planning administrative departments shall, within three months for the construction unit or individual planning approval procedures; If it cannot be handled, it shall give a reply within twenty days.
Thirty-first before the start of a construction project, the construction unit shall report to the department that issued the planning permit for the construction project to organize the inspection of the gray line, and issue a notice of inspection to those who pass the inspection.
Before the construction of private houses, it should be reported to the planning examination and approval department for ash inspection line, and the foundation construction should be carried out after the experience line is qualified. After the foundation construction is completed, it shall be reported to the original planning examination and approval department for acceptance, and the construction above the foundation can only be carried out after it is confirmed to be qualified. Do not need to check the gray line, it should be indicated when issuing the construction project planning permit.
Thirty-second construction land planning permit and construction project planning permit shall not be changed without authorization. If it is really necessary to change, it must be approved by the competent department of city planning administration, and the change procedures shall be handled according to the original examination and approval procedures.
Without changing the contents of the construction land planning permit, the relevant departments shall not approve the construction application.
If the construction unit fails to go through the formalities of land use within one year after obtaining the planning permit for construction land, or fails to start work and go through the extension formalities within one year after obtaining the planning permit for construction project, the planning permit for construction land or the planning permit for construction project is invalid.
Thirty-third urban planning administrative departments in the issuance of site submissions, construction land planning permits and construction project planning permits, according to the provisions of the collection of urban planning management fees for urban planning management.
Thirty-fourth any unit or individual must obey the written decision of the people's government of the city to adjust the land use according to the urban planning.
If the land use right needs to be exchanged due to planning, construction and layout adjustment, the construction unit or individual shall obtain the planning permit for construction land and apply for the land use right to the land management department of the city people's government after consultation.
In the urban planning area, if it is necessary to change the nature of the original planned land or use the original land of the demolished unit, it must apply to the competent department of urban planning administration for a new construction land planning permit.
Thirty-fifth in the urban planning area, the transfer of land use rights must conform to the urban planning.
In the urban planning area, the location, nature of land use right transfer and the planning and construction requirements that must be observed shall be determined by the competent department of urban planning administration. If a construction unit or individual needs to change the nature of land use determined by urban planning, it must first apply to the competent department of urban planning administration for a construction land planning permit; Need to transfer the land use right, must be approved by the land management department, registered with the competent department of city planning administration.
Thirty-sixth in the urban planning area, along the urban planning roads and rivers on both sides of the construction project, the building red line must avoid the planning red line.
The land within the red line of the planned road, the existing planned urban green space and the land for public facilities shall not be occupied or changed without authorization.
Article 37 When entrusting the design of a construction project, a construction unit or individual must hold a site selection opinion and a construction land planning permit from the competent department of city planning administration, and entrust the design according to the planning and design requirements and relevant technical specifications submitted by the competent department of city planning administration.
Thirty-eighth did not receive a permit for the planning of construction projects, the construction unit shall not carry out construction.
The construction unit shall not arbitrarily change the design drawings and building grey lines approved by the construction project planning permit.
During the construction of a construction project, the construction unit or individual must hang the construction project planning permit on the site for future reference or indicate the issuing authority and license number on the construction sign.
During the construction of a building project, if the safety of adjacent buildings and other facilities is endangered, the construction shall be stopped immediately. The construction unit shall, jointly with the construction, design and other units, take effective measures to properly solve the safety problems before continuing the construction.
In the process of building construction, if underground works, pipelines, cultural relics, surveying markers, etc. If danger is found, the construction shall be stopped and protective measures shall be taken, and the construction shall be continued only after the relevant competent departments and planning administrative departments properly handle it.
Power supply, water supply and gas supply departments shall not supply power, water supply and ventilation to construction projects that have not obtained the planning permit for construction projects.
Thirty-ninth within six months after the completion of a construction project, the construction unit shall report to the competent department of city planning administration for acceptance and submit relevant materials. The competent department of city planning administration shall conduct acceptance within fifteen days. If the construction project is accepted, the construction unit shall receive the construction project planning acceptance certificate issued by the competent department of city planning administration, and submit the completed files to the urban construction archives department.
After the completion of private housing, the property owner shall report to the original planning and issuing department for acceptance. After the acceptance is qualified, the original issuing department shall issue an acceptance certificate.
After the completion of the construction project, the construction units and individuals hold the construction project planning permit and the construction project planning acceptance certificate (except that the construction project planning permit indicates that acceptance is not required), and apply to the real estate management department for property rights procedures; Without obtaining the construction project planning permit and planning acceptance certificate, the relevant departments shall not issue business licenses, handle property rights registration, bank settlement and put into use.
Fortieth city planning management personnel can check whether the construction land and construction projects within their jurisdiction conform to the city planning with the city planning management inspection certificate, and have the right to stop, investigate and collect evidence on illegal land use and illegal construction.
The inspected shall truthfully provide information and materials, and shall not conceal or obstruct them. Inspectors have the responsibility to keep technical and commercial secrets for the inspected.
Chapter VI Legal Liability
Forty-first in the urban planning area, without obtaining the construction land planning permit to occupy land, the city and county (city) people's government shall order it to be returned, and the administrative responsibility of the illegal unit and the person directly responsible shall be investigated.
The construction land occupied by the invalid construction land planning permit shall be ordered to be returned by the people's government of the city or county (city).
Unauthorized sale and transfer of construction land planning permits, the permit shall be revoked by the competent department of city planning administration, and the occupied or transferred land shall be ordered to return by the people's government of the city or county (city).
Forty-second illegal construction that affects urban planning under any of the following circumstances shall be dismantled or confiscated within a time limit:
(1) occupying squares, urban roads, fire exits, green spaces, underground works, communication facilities and high-voltage power supply corridors, which seriously affect the safety of power transmission and occupy underground pipelines;
(two) does not meet the requirements of the red line of the concession road;
(3) occupying flood control facilities, rivers and lakes, dikes and their prescribed protected areas;
(four) the building (structure) that should be demolished according to the construction project planning permit has not been demolished within the time limit;
(five) seriously affect the scenic spots and cultural relics protection areas;
(six) beyond the approved period of use, overdue demolition of temporary buildings;
(seven) other serious impact on urban planning, urban landscape or serious harm to production and life.
Article 43 For illegal construction that does not conform to urban planning, if the circumstances are relatively minor, it may be ordered to make corrections within a time limit or go through formalities according to different situations, and a fine of 3%- 15% of the total cost of illegal construction may be imposed.
Forty-fourth has received a construction project planning permit, but not according to the approved construction content and requirements for construction, according to the following provisions:
(a) changing the plane position, building height and expanding the area without authorization, which will affect the urban planning and the surrounding environment, and will affect the partial or total demolition. Re-issue the construction project planning permit for the reserved part, and impose a fine of 3%-5% of the total cost of illegal construction projects;
(two) unauthorized changes in the building facade (including exterior wall decoration) affect the urban landscape, it should be re-constructed according to the approved design drawings within a time limit, and impose a fine of 5%-65%+00% of the total cost of illegal construction projects;
(three) unauthorized changes in the nature of the use of construction projects, shall be ordered to make corrections, and impose a fine of 5%-65%+00% of the total cost of illegal construction projects.
Forty-fifth illegal construction has not been dealt with, the competent department of city planning administration to stop the examination and approval of other projects of illegal construction units.
Forty-sixth construction projects illegally approved by units, departments or individuals without planning approval authority shall be treated as illegal construction, and the responsibilities of illegally approved units, departments or individuals shall be investigated and the economic losses caused thereby shall be compensated.
Forty-seventh units and individuals that carry out construction in violation of urban planning shall immediately stop construction after receiving the notice ordered by the competent department of urban planning administration to stop construction. If the construction unit should immediately stop the construction and continue the illegal construction or construction, the organ that made the decision to stop the construction has the right to stop it and dismantle the buildings (structures) or other facilities that continue the illegal construction.
Forty-eighth if a party refuses to accept the decision on administrative punishment, it may, within fifteen days from the date of receiving the decision on punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment; If you are not satisfied with the reconsideration decision, you can bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. The parties may also directly bring a suit in the people's court within 15 days from the date of receiving the penalty decision. If the party concerned fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.
Forty-ninth no unit or individual may hinder the planning and management personnel from performing their official duties, and the public security organs shall punish them in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fiftieth fines collected by the competent department of city planning administration shall be turned over to the finance at the same level.
The competent department of city planning administration and its management personnel in violation of these regulations shall be held accountable by their units or higher authorities. If property losses are caused to units or individuals, they shall be liable for compensation in accordance with relevant state regulations.
City planning management personnel dereliction of duty, abuse of power, corruption, bribery, given administrative sanctions by their units or the competent authorities at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 51 These Regulations shall apply to national and provincial development zones within the administrative area of Suzhou.
Fifty-second Suzhou Municipal People's Government shall, in accordance with these regulations, formulate and implement the technical regulations on urban planning management in Suzhou City and report them to the Standing Committee of Suzhou Municipal People's Congress for the record.
Article 53 These Regulations shall come into force as of the date of promulgation.