The primary legislation governing urban planning matters is the Urban Planning Law of the PRC which sets out the procedure and approval authority to determine the overall urban planning and the detailed planning for each development. In summary, each city’s government has authority to formulate the overall planning for the city and the city’s planning authority has the authority to formulate detailed planning parameters for each development.
Last modified 13 Mar 2025
Yes, all new building construction is subject to planning approval from the local construction bureau. Refurbishments may also require planning approval depending on the nature of the proposed refurbishment and the requirements of the local construction bureau.
Last modified 13 Mar 2025
Before any construction work begins, detailed plans and drawings must be submitted to the local construction bureau for approval. Once approved, the construction bureau will issue a construction permit. There are no regulations governing the circumstances in which the construction bureau must issue a construction permit and it is therefore entirely discretionary. No works may commence until the construction permit has been issued.
Last modified 13 Mar 2025
The use of a building must be in accordance with the Land Use Right granted in respect of the land upon which the building is built. An application must be filed with the Land Administration Bureau and the Real Estate Administration Bureau if a change of use is proposed. There are no regulations governing the conditions in which such an application will be approved and permission is therefore entirely discretionary.
Last modified 13 Mar 2025
The primary authority responsible for regulating the development and designated use of individual parcels of land is the Land Administration Bureau. The Land Administration Bureau administers State-owned land by entering into land grant agreements with individual land users for the issue of land use rights for a parcel of land. The land grant agreements will contain conditions as to the permitted (and required) use and development of the land.
Last modified 13 Mar 2025
Local regulations must be considered in relation to planning and zoning.
With respect to development, the following permits relating to land need to be obtained:
Last modified 13 Mar 2025
Although real estate development in China is regulated by a mixture of laws, regulations and procedural guidelines set out by the relevant departments and the detailed aspects of the development process vary between cities, the main principles and procedures are essentially the same.
Prior to obtaining governmental approvals, the developer must have obtained a feasibility report for the project, complete with detailed planning design parameters and renderings, and put down adequate development funds. Among other examinations by various departments, the following permits relating to land need to be obtained:
To apply, the relevant application forms and the required documents (eg building and development plans, written opinions from other relevant departments, etc) need to be submitted to the department in charge of issuing the permit. In approving the applications, the department in charge will work and consult with other municipal authorities overseeing land use, planning and other governmental functions (eg transportation, fire safety, landscape planning, etc).
Furthermore, before land is granted or allocated explicitly for real estate development, the urban planning administration and the real property development administration department of the local People's Government at or above the county level must provide a written opinion on the nature, scale and development terms of the real property development project, the conditions of the urban planning design, the requirements in respect of construction of infrastructure and public works, the definition of title after the infrastructure has been constructed, and resettlement in connection with the project. This written opinion will serve as one of the premises for the grant or allocation of land use rights. If the owner wants to change the land use specified in the land use rights grant contract, he must obtain the consent of the grantor and the urban planning administration of the municipality or county. An agreement on the alteration of the contract for the grant of land use rights or a new contract for the grant of land use rights must be signed and the fee for the grant of land use rights must be adjusted correspondingly.
Last modified 13 Mar 2025
Third parties generally do not have the right to object to official permissions for the development or carrying on of a designated use of real estate. If the land where development is to take place currently has residents on it, the government will have to requisition the buildings and compensate the residents under law. If this is the case, the residents may be able to indirectly object to the development by applying for an administrative review of or filing an administrative lawsuit against the decision to requisition the building.
Last modified 13 Mar 2025
An administrative review of a decision can be brought by “all citizens, legal persons and other organizations” as long as the circumstances fall within those listed in Section 1 of Chapter 2 of the Law of the People’s Republic of China on Administrative Review.
Last modified 13 Mar 2025
As the land-use planning permit and the construction project planning permit are regulated by local regulations and guidelines, the timing for obtaining permission varies between cities.
Under Article 8 of the Construction Law of the People's Republic of China, the construction project building permit must be issued within 15 days of receipt of the application if it meets the required conditions.
Last modified 13 Mar 2025
If the decision is an administrative decision, there is a right to apply for administrative review of the relevant authority’s decision to refuse the permits within sixty (60) days of the refusal. Depending on the level of authority making the decision, the application for administrative review is made to the appropriate local or state department, details of which are set out in Articles 24, 25 and 27 of the Law of the People’s Republic of China on Administrative Review.
If applicants are still unhappy with the decision of the review, they may appeal to a people's court equipped with the facilities of an administrative adjudication division.
Last modified 13 Mar 2025
Yes, the developer must hire an authorized supervision agency to oversee the development. Contractors to the development project must also obtain their contracts with the developers through public tendering or bidding under law. Other agreements include those relating to water and sewage connection made with the municipal water bureau, and telephone and electricity connection made with utility suppliers.
Last modified 13 Mar 2025
The length of validity of a permission for the development or use of a property will be as agreed between the Land Administration Bureau and the individual owner in their land grant agreement.
Last modified 13 Mar 2025
Where an individual land use right owner develops or uses land in breach of the relevant land grant agreement, the Land Administration Bureau may revoke the use rights and take possession of all real estate, such as buildings or fixtures, on the relevant piece of land without compensation.
Last modified 13 Mar 2025
Are there any legal restrictions on the designated use to which any new building may be put or on any change in the designated use of an existing building?
The use of a building must be in accordance with the Land Use Right granted in respect of the land upon which the building is built. An application must be filed with the Land Administration Bureau and the Real Estate Administration Bureau if a change of use is proposed. There are no regulations governing the conditions in which such an application will be approved and permission is therefore entirely discretionary.
Last modified 13 Mar 2025