20 18 Beijing Historical and Cultural City Protection Bill (full text)

20 18 Beijing Historical and Cultural City Protection Bill (full text)

Regulations on the Protection of Historical and Cultural Cities in Beijing (Draft)

Chapter I General Provisions

Article 1 (Legislative Purpose) In order to strengthen the protection and management of Beijing's famous historical and cultural city, inherit and carry forward the excellent historical and cultural traditions, and promote the coordinated development of urban construction and economy and society, these Regulations are formulated in accordance with national urban and rural planning, cultural relics protection and other laws and regulations, combined with the actual situation of this Municipality.

Article 2 (Scope of Application) These Regulations are applicable to the protection and management of the old city, historical and cultural protection areas and protective buildings of Beijing's famous historical and cultural city. Among them, the protection and management of immovable cultural relics shall be implemented in accordance with the provisions of laws and regulations on the protection of cultural relics in addition to these regulations.

The protection and management of folk customs, traditional culture and ancient and famous trees in Beijing's historical and cultural city shall be implemented in accordance with the provisions of relevant laws and regulations.

Article 3 (Working Principles) The protection of Beijing's famous historical and cultural city should be compatible with the development of new urban areas and the improvement of residents' housing conditions.

Combined with the principles of overall planning, hierarchical management, social participation in protection and rational utilization, Beijing's historical and cultural cities, historical and cultural protection areas and immovable cultural relics are protected at different levels.

Article 4 (Management System) The Municipal People's Government shall exercise unified leadership over the protection and management of Beijing's famous historical and cultural city.

The municipal planning administrative department is responsible for the organization, implementation, supervision and guidance of protection planning.

The municipal administrative department of cultural relics is responsible for the protection and management of immovable cultural relics in Beijing's historical and cultural cities, and participates in the preparation of protection plans, the formulation of protection policies, the determination of historical and cultural protection areas and the protection of buildings.

Land and housing management, construction, landscape, culture, tourism and other administrative departments. Should be responsible for the management of Beijing's historical and cultural city protection according to their respective responsibilities.

The district and county people's governments shall exercise unified leadership over the protection and management of Beijing's famous historical and cultural city within their respective jurisdictions.

Article 5 (Guarantee of Funds) The municipal, district and county people's governments shall set up special funds for the protection of Beijing's famous historical and cultural city and bring them into the fiscal budget at the corresponding level.

This Municipality encourages all units and individuals to participate in the protection of Beijing's famous historical and cultural city in the form of investment, donation or funding.

Article 6 (Encouragement and Reward) This Municipality supports the training of professionals in the design, repair, construction and reproduction of ancient buildings, and supports the development and scientific and technological innovation of industries related to the protection of famous historical and cultural cities in Beijing.

Article 7 (Social Supervision and Reward) All units and individuals have the obligation to protect Beijing's famous historical and cultural city, and have the right to report and accuse acts of destroying Beijing's famous historical and cultural city.

Units and individuals that have made outstanding contributions to the protection of Beijing's famous historical and cultural city shall be commended and rewarded by the municipal, district and county people's governments or relevant administrative departments.

Chapter II Compilation and Implementation of Protection Planning

Article 8 (Compilation of Protection Planning) Protection planning includes the protection planning of Beijing's famous historical and cultural city and its implementation planning.

The Municipal People's Government shall, according to the actual needs of Beijing's overall urban planning and the protection of Beijing's historical and cultural cities, organize the preparation of the protection plan for Beijing's historical and cultural cities.

The municipal planning administrative department shall, according to the protection plan of Beijing's historical and cultural city, organize the preparation of the implementation protection plan of Beijing's historical and cultural city protection plan, and report it to the Municipal People's Government for approval before promulgation and implementation.

The compilation of the protection plan and implementation plan of Beijing's famous historical and cultural city shall solicit public opinions; Planning matters that have a significant impact on the protection of Beijing's famous historical and cultural city shall be demonstrated by experts.

The implementation protection planning, zoning planning, regulatory detailed planning and special planning related to the protection of Beijing's historical and cultural cities shall meet the requirements of the protection planning of Beijing's historical and cultural cities.

Article 9 (Requirements for Compilation of Protection Planning) The compilation of protection planning shall conform to the status of Beijing as a political center, a cultural center and a famous historical and cultural city. People-oriented, correctly handle the relationship between the protection of historical and cultural cities and modernization; Ensure the sustainable development of Beijing's famous historical and cultural city.

Article 10 (Basic Contents of Protection Planning) The protection planning of Beijing's famous historical and cultural city shall determine the overall protection objectives, protection principles, protection contents, protection norms and safeguard measures for the implementation of the protection planning.

The protection planning of historical and cultural protection areas should determine the scope and principles of protection, determine the buildings and structures that need to be protected, stipulate control indicators such as building height, volume and color in accordance with the requirements of maintaining the traditional features of historical and cultural protection areas, formulate classified protection and repair measures for different buildings, and stipulate specific control measures to ensure the implementation of the planning.

Article 11 (Adjustment of Protection Planning) After the protection planning is approved and promulgated according to law, it shall not be adjusted without authorization; If it is really necessary to adjust, it shall solicit opinions from the public in accordance with the provisions of Article 8 of these regulations, organize expert argumentation, and report to the original approval authority for approval and promulgation.

Article 12 (Setting of Protection Signs) The people's governments of districts and counties where historical and cultural protection areas and historical and cultural protection buildings are protected according to the protection plan shall set up protection signs.

No unit or individual is allowed to move, dismantle or damage the protective signs without authorization.

Article 13 (Construction Management) All constructions within the scope of protection planning must meet the requirements of relevant protection planning; Do not meet the requirements of the protection planning, the administrative department of development and reform shall not approve, the planning administrative department shall not approve the planning, and the construction administrative department shall not start.

Article 14 (Disposal of Buildings Not Conforming to Protection Planning) Buildings, structures and other facilities that are approved to be built within the scope of protection planning and do not meet the requirements of the protection planning of their protected areas shall be gradually transformed, relocated or demolished according to the requirements of protection planning.

For buildings, structures and other facilities that are illegally built within the scope of protection planning and do not meet the standards of urban appearance, the planning administrative department and the urban management and supervision institution shall dismantle or order transformation according to law.

Article 15 (Policy of Demographic Relief) The people's governments of the city and relevant districts and counties shall, according to the needs of the protection of Beijing's famous historical and cultural city, formulate policies of encouragement and guidance to gradually reduce the population density within the protection planning.

Article 16 (Relocation and Vacation) The following units and households within the protection planning shall be relocated according to law:

(1) Units and households in immovable cultural relics that need to be vacated for opening to the outside world;

(two) units and individuals that need to be demolished because of the introduction of municipal infrastructure or road reconstruction;

(three) units and households that need to move out to restore the original use of the building;

(four) units and individuals that need to demolish or rebuild houses according to the protection plan.

State-owned immovable cultural relics and state-owned protected buildings identified in the protection plan must be protected by vacating, and the occupying units and individuals shall vacate according to law.

Chapter III Protection of Ancient Cities

Article 17 (Scope) The old city refers to the area within the moat and its ruins in Beijing during the Ming and Qing Dynasties (including the moat and its ruins).

Article 18 (Principles of Old City Protection) The protection of old cities should adhere to the principle of overall protection and maintain the integrity, coordination and unity of the pattern and style of old cities.

For the construction in the old city, we should strictly control the construction scale and development intensity, and scientifically handle the relationship between the protection and organic renewal of the old city.

Article 19 (Protection of the Central Axis of the Old City) Strictly protect the architectural pattern and style of the old city formed by the traditional central axis, and strictly control the building height and shape within the scope of the traditional central axis protection plan.

Article 20 (Planning and Protection of the Imperial City) The imperial city should completely and truly maintain the planning layout and architectural style with the Forbidden City as the core and the royal palace, yamen, temple buildings and royal gardens as the main body.

Article 21 (Protection of Old City Walls) The old city walls should maintain a "convex" outline composed of moats, ruins of old city walls, towers, watchtowers.

Article 22 (Protection of Urban Landscape Lines) The planning and protection of seven urban landscape lines, such as Yindingguan Mountain, Bell and Drum Tower to Deshengmen, Bell and Drum Tower to Beihai Baita, Jingshan to Bell and Drum Tower, Jingshan to Beihai Baita, Jingshan passing through the Forbidden City, Qianmen to Yongdingmen, Zhengyangmen Pagoda and Arrow Tower to Tiantan, should control the building height within the planning scope of landscape line protection.

Article 23 (Landscape Architecture) For landscape architecture formed in history, the height, volume, shape and color of surrounding buildings should be controlled.

The specific list of scenic buildings formed in history shall be put forward by the municipal planning administrative department in conjunction with the municipal cultural relics administrative department and submitted to the Municipal People's government for approval and promulgation.

Article 24 (Protection of Historic Rivers and Lakes) The municipal administrative departments of planning, gardening and water affairs and the people's governments of relevant districts and counties shall, according to the protection plan, delimit the protection scope of historic rivers and lakes, and carry out rectification, restoration and protection of historic rivers and lakes.

Article 25 (Road Network Protection and Construction) The renovation, construction and repair activities within the scope of the old city protection plan shall not destroy the chessboard pattern of the streets and alleys protected by the old city protection plan, and shall not expand the streets and alleys.

The planning and construction of urban main roads should avoid historical and cultural protection areas, immovable cultural relics and protected buildings.

Article 26 (Control of Building Height and Style) No unit or individual may build in the old city beyond the building height specified in the protection plan; The form and color of the building shall meet the requirements of the standards for the protection of architectural features. The specific standards for the protection of architectural features shall be formulated by the municipal planning administrative department jointly with relevant departments.

Article 27 (Management of Renovation of Dangerous Old Houses Outside Protected Areas) In the renovation of dangerous old houses outside the historical and cultural protection areas of the old city, the construction unit shall prepare an assessment report on the impact on the style and pattern of the old city before going through the planning examination and approval procedures; Its construction shall not destroy the original urban pattern and style.

Article 28 (Protection of Traditional Place Names) This Municipality strictly protects traditional place names. No unit or individual may arbitrarily change the historical names of traditional buildings, hutongs, streets and areas in the old city. If it is necessary to change its name due to special circumstances, the administrative department of place names shall solicit the opinions of the administrative department of cultural relics.

Chapter IV Protection of Historical and Cultural Reserves

Article 29 (Concept) Historical and cultural protection areas refer to historical areas such as blocks, buildings, villages and towns with traditional features or ethnic local characteristics in a certain historical period.

Article 30 (Identification Procedure) The delineation of historical and cultural protection zones shall conform to the overall protection of Beijing's famous historical and cultural cities.

International demand. The determination of historical and cultural protection areas and their scope shall be put forward by the municipal planning administrative department in conjunction with the municipal cultural relics administrative department and submitted to the Municipal People's government for approval and promulgation.

Article 31 (Classified Protection) Immovable cultural relics, protected buildings and repaired buildings in historical and cultural protection areas shall be classified and protected in strict accordance with the protection plan and other relevant provisions.

Article 32 (Code for the Construction of Protected Areas) When engaging in construction activities in historical and cultural protected areas, the relevant protection plans and the following provisions must be strictly observed:

(a) in line with the requirements of the layout, pattern and style of the courtyards and streets protected by the protection plan, and in accordance with the building height, shape and color determined by the protection plan;

(2) According to Beijing's geographical and climatic characteristics and the needs of garden landscape, adopt traditional greening methods in Beijing and plant green plants;

(three) in the non-construction area, no construction activities other than greening, road and municipal pipeline laying shall be carried out;

(four) in accordance with the relevant protection requirements and technical specifications, the allocation and improvement of municipal infrastructure in historical and cultural protection areas.

Article 33 (Improvement of Municipal Infrastructure) This Municipality encourages the adoption of new materials, new technologies or other means to improve the overall situation of municipal infrastructure in historical and cultural protection areas.

Chapter V Protection of Buildings

Article 34 (Concept) Protected buildings refer to buildings protected by the protection planning of historical and cultural protection zones and quadrangles and modern buildings listed as protected objects by the Municipal People's Government outside the historical and cultural protection zones.

Article 35 (Identification) The quadrangles and modern buildings listed as protection objects by the Municipal People's Government outside the historical and cultural protection zones shall be proposed by the Municipal Department of Cultural Relics Administration jointly with relevant departments and reported to the Municipal People's Government for approval and promulgation.

District and county people's governments may, according to the needs of protecting traditional culture and commemorating historical events, determine the protected buildings in this area and announce them to the public.

Article 36 (Signs, Records and Archives) The municipal planning administrative department shall organize relevant departments and units to conduct architectural surveying and mapping of protected buildings in historical and cultural protection areas, and establish records and archives of protected buildings.

The district and county cultural relics administrative departments shall set up protection signs for quadrangles and modern buildings identified as protected within their respective jurisdictions, and establish records and files.

Article 37 (Protection Requirements) Protected buildings shall not be demolished, rebuilt or expanded.

The site selection of construction projects should avoid protected buildings as much as possible; If it is unavoidable due to special circumstances, the protected building shall be protected as far as possible.

In case of in-situ protection, the construction unit shall determine the protection measures in advance, report to the municipal cultural relics administrative department for approval, and incorporate the protection measures into the feasibility study report or design task book.

Unable to protect the original site, need to move to protect or dismantle, approved by the municipal planning administrative department in conjunction with the municipal administrative department of cultural relics, and reported to the Municipal People's government for approval.

Murals, sculptures and building components with collection value in state-owned protected buildings demolished in accordance with the provisions of the preceding paragraph shall be collected by cultural relics collection units designated by the administrative department for cultural relics.

Article 38 (Use, Management, Maintenance and Repair of Protected Buildings) Owners, managers and users of protected buildings shall use, manage, maintain and repair in accordance with relevant protection plans and repair standards. Repair standards shall be formulated by the municipal administrative department of land and housing management in conjunction with the municipal administrative department of planning and cultural relics.

The owner is responsible for the maintenance and repair of the protected building; Unless otherwise agreed by the owner, manager and user, such agreement shall prevail.

If the owner does not have the ability to repair, with the consent of the owner, the district or county people's government where the protected building is located may decide to purchase it by paying cash or exchanging property rights.

If the owner of the protected building fails to carry out maintenance and repair in accordance with the provisions, the administrative department of land and housing management shall promptly inform him of his responsibility for maintenance and repair. Need rescue repair, after telling the owner is still not repaired, the administrative department of land and housing management can organize rescue repair in advance, and the expenses required shall be borne by the owner.

Article 39 (Repair Procedures and Requirements) Before repairing and protecting a building, a repair design scheme shall be declared in accordance with the planning provisions, and the permission of the planning administrative department shall be obtained.

Repairing protective buildings should be carried out in accordance with the original architectural pattern and form; If the interior is modern, the original pattern and appearance should be preserved.

Article 40 (Examination and Approval of Related Construction Projects) Before going through the examination and approval procedures for the construction projects of quadrangles and modern buildings that have been identified and included in the scope of protection, the planning administrative department shall solicit the opinions of the cultural relics administrative department. The specific identification methods for quadrangles and modern buildings under protection shall be formulated by the municipal administrative department of cultural relics jointly with the municipal planning administrative department.

Chapter VI Legal Liability

Article 41 State organs and their staff who are legally responsible for the protection of Beijing's famous historical and cultural city violate the provisions of these Regulations, and under any of the following circumstances, the competent authorities at a higher level or the units to which they belong shall investigate the administrative responsibilities of the directly responsible persons in charge and other directly responsible persons according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) unauthorized adjustment of protection planning;

(two) to adjust the scope of historical and cultural protection zones without authorization;

(three) unauthorized approval of the demolition, renovation, expansion and relocation of protected buildings;

(four) do not implement these regulations, or not in accordance with the requirements of these regulations and the protection plan for approval;

(five) other violations of the provisions of this Ordinance, breach of privilege, bending the law, dereliction of duty.

Forty-second in violation of the provisions of this Ordinance, without planning permission, or in violation of the requirements of planning permission, the planning administrative department shall deal with it according to the provisions of urban and rural planning laws, regulations and rules.

Forty-third in violation of the provisions of this Ordinance, unauthorized demolition of protected buildings, the planning administrative department shall impose a fine of one to five times the replacement price of the building.

Forty-fourth in violation of the provisions of this Ordinance, unauthorized removal, damage to the protection signs, the city management and supervision organization shall order restitution, and may be fined from 200 yuan to 500 yuan.

Chapter VII Supplementary Provisions

Article 45 These Regulations shall come into force as of the date of promulgation.