Draft Regulations on the Protection of Famous Historical and Cultural Cities in Beijing 2019 (full text)

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

Chapter I General Provisions

Article 1 (Purpose of Legislation) In order to strengthen the protection and management of the famous historical and cultural cities in Beijing, inherit and carry forward the excellent historical and cultural traditions, and to promote the coordinated development of the city's urban construction with the economy and the society, and based on the laws and regulations on urban and rural planning and cultural relics protection of the State, and taking into account the actual situation of this city

Article 2

Article 2 (Scope of Application) These regulations shall apply to the protection and management of the old city, historical and cultural reserves, and protected buildings in the historical and cultural cities of Beijing; and the protection and management of immovable cultural relics shall be carried out in accordance with the laws and regulations on the protection of cultural relics, in addition to these regulations.

Beijing historical and cultural cities in the folklore of traditional folk culture, the protection and management of old and valuable trees, in accordance with relevant laws and regulations.

Article 3 (Working Principles) The protection of famous historical and cultural cities in Beijing shall be combined with the development of new urban areas and the improvement of the housing conditions of the residents

Adhering to the principles of integrated planning, hierarchical management, social participation and protection-oriented, rational utilization, the protection of famous historical and cultural cities in Beijing, historical and cultural protection zones, immovable cultural relics is carried out by levels.

Article 4 (Management System) The Municipal People's Government shall unify and lead the protection and management of famous historical and cultural cities in Beijing.

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

The municipal administrative department of cultural relics is responsible for the protection and management of immovable cultural relics in the famous historical and cultural cities of Beijing, and participates in the preparation of protection plans, the formulation of protection policies, and the identification of historical and cultural protection zones and protected buildings.

The administrative departments of land and housing management, construction, gardening, culture and tourism shall be responsible for the management of the protection of famous historical and cultural cities in Beijing according to their respective duties.

The people's governments of the districts and counties shall unify and lead the protection and management of the famous historical and cultural cities in Beijing under their jurisdiction.

Article 5 (Funding) The people's governments of cities, districts and counties shall set up special funds for the protection of famous historical and cultural cities in Beijing, which shall be included in the budget of the local government.

The city encourages all units and individuals to participate in the protection of famous historical and cultural cities in Beijing in the form of investment, donation or funding.

Article 6 (Encouragement and Reward) The city supports the cultivation of professionals in the design, repair, construction and reproduction of ancient buildings, as well as the development of industries related to the protection of historic and cultural cities in Beijing and scientific and technological innovation.

Article 7 (Social Supervision and Reward) All units and individuals have the obligation to protect the Historic and Cultural Cities of Beijing, and have the right to report and accuse the destruction of the Historic and Cultural Cities of Beijing.

The people's governments of the cities, districts and counties or the relevant administrative departments shall commend and reward units and individuals who have made outstanding contributions to the protection of the famous historical and cultural cities in Beijing.

Chapter II: Preparation and implementation of protection planning

Article 8 (Preparation of protection planning) protection planning, including the protection plan for the Historic and Cultural City of Beijing and its implementation of protection planning.

The municipal people's government shall organize the preparation of the protection plan for the famous historical and cultural cities in Beijing according to the overall planning of the city and the actual needs of the protection of famous historical and cultural cities in Beijing.

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

Preparation of Beijing historic and cultural cities protection planning and implementation of protection planning, should widely solicit public opinion; on the protection of Beijing historic and cultural cities have a significant impact on planning matters, should be organized for expert debate.

Implementation of conservation planning and protection of historic and cultural cities in Beijing related to zoning plans, detailed control planning, special planning, should be in line with the requirements of the protection of historic and cultural cities in Beijing.

Article 9 (Requirements for the preparation of protection plans) The preparation of protection plans shall be in line with the status of Beijing as a political and cultural center and a famous historical and cultural city; be people-oriented, and correctly deal with the relationship between the protection of famous historical and cultural cities and modernization; and safeguard the sustainable development of the famous historical and cultural cities in Beijing.

Article 10 (the basic content of the protection plan) Beijing historic and cultural cities protection plan shall determine the overall objective of protection, protection principles, protection content, protection norms, protection planning implementation of safeguard measures.

Historical and cultural protection zone protection planning should determine the scope of protection, principles, to determine the need to protect the buildings, structures, according to the requirements of maintaining the traditional appearance of the historical and cultural protection zone building height, volume, color and other control indexes, the development of different building classification protection and remediation measures, to ensure the implementation of the planning of specific control measures.

Article XI (protection plan adjustment) protection plan approved by the law shall not be adjusted without authorization; need to adjust, should be in accordance with the provisions of Article 8 of these Regulations, widely consult the public, the organization of expert verification, and reported to the original approval authority for approval and publication.

Article XII (protection of signs set up) of the protection plan to determine the protection of historical and cultural reserves and buildings, where the people's government of the district or county shall set up protection signs.

No unit or individual shall move, remove or damage the protection mark without authorization.

Article 13 (construction management) within the scope of the protection plan for the construction, must comply with the requirements of the relevant protection plan; does not meet the requirements of the protection plan, the administrative department of development and reform shall not set up a project, the administrative department of planning shall not approve the plan, the administrative department of construction shall not be allowed to start.

Article 14 (does not meet the protection of the building planning process) of the protection of the planning scope approved by the completion of the conservation planning requirements of the buildings, structures and other facilities, should be in accordance with the requirements of the conservation plan, and gradually transformed, relocated or demolished.

The protection of illegal construction within the scope of the plan and does not meet the urban appearance standards of buildings, structures and other facilities, the administrative department in charge of planning and urban management monitoring organization shall be demolished or ordered to transform.

Article 15 (Population Diversification Policy) The people's governments of the cities and relevant districts and counties shall, according to the needs of the protection of famous historical and cultural cities in Beijing, formulate policies to encourage and guide the gradual reduction of the density of residential population within the scope of the protection plan.

Article 16 (relocation, vacate) The following units and households within the scope of the protection plan shall be relocated in accordance with the law:

(a) Units and households within the immovable cultural relics that need to be vacated and then opened to the public;

(b) Units and individuals who need to demolish their houses for the purpose of introducing municipal infrastructures or road refurbishment;

(c) Units and households that need to move out for the purpose of restoring the original use of the buildings;

(d) Units and households that need to move out to restore the original use of the buildings. (C) to restore the original use of the building need to move out of the units and households;

(D) in accordance with the conservation plan need to demolish, remodeling units and individuals.

State-owned immovable cultural relics and conservation planning to determine the state-owned protection of class buildings, must be used to vacate the protection of the occupying units and individuals should be vacated according to law.

Chapter III protection of the old city

Article 17 (scope) of the old city, refers to the city of Beijing in the Ming and Qing dynasties within the moat and its ruins (including the moat and its ruins) of the region.

Article 18 (principle of protection of the old city) the protection of the old city should adhere to the principle of overall protection, to maintain the old city pattern, style integrity, coordination and unity.

The construction in the old city, should strictly control the scale of construction and development intensity, scientific treatment of the old city protection and organic renewal of the old city.

Article 19 (protection of the old city axis) to strictly protect the old city by the traditional central axis of the formation of the construction pattern and style, strict control of the traditional central axis of the protection of the planning scope of the building height and form.

Article 20 (planning and protection of the Imperial City) the Imperial City should be intact, true to the Forbidden City as the core, the Royal Palace, Yamen, altar and temple complexes, the Royal Garden as the main body of the planning layout and architectural style.

Article 21 (the old city of the outline of the city protection) the outline of the old city should be maintained by the moat, the site of the old city walls, towers, archery towers, corner towers, etc. composed of the "convex" zigzag silhouette.

Article 22 (cityscape line protection) Yinzhuang Guanshan, (Bell) Drum Tower to the Deshengmen, (Bell) Drum Tower to the White Pagoda of the North Sea, Jingshan to (Bell) Drum Tower, Jingshan to the Beihai (White Pagoda), Jingshan by the Forbidden City and the front gate to the Yongding Gate and Zhengyangmen City Hall, the arrows to the Temple of Heaven and Prayer Hall of the 7 cityscape line of the planning and protection, the height of the buildings should be controlled within the scope of the landscape line protection plan, prohibit the insertion of high-rise buildings. High-rise buildings.

Article 23 (view of the building) of the historical formation of the view of the building, should control the height, volume, shape and color of its surrounding buildings.

The specific list of historically formed view of the building, by the municipal planning department in conjunction with the municipal administrative departments of cultural relics and other administrative departments, reported to the municipal people's government for approval and announcement.

Article 24 (protection of historical rivers and lakes) municipal planning, gardening, water administrative departments and the relevant districts and counties people's governments shall, in accordance with the protection plan, delineate the scope of protection of historical rivers and lakes, and carry out remediation, restoration and protection of historical rivers and lakes.

Article 25 (road network protection and construction) renovation, construction and repair activities within the scope of the old city protection plan, shall not destroy the old city protection plan to determine the protection of the checkerboard pattern of streets, alleys and hutongs, and shall not extend the streets, alleys and hutongs.

Planning and construction of major urban roads, should avoid the historical and cultural conservation areas, immovable cultural relics and protection of buildings.

Article 26 (building height, style control) any unit or individual construction in the old city, shall not exceed the height of the building protection plan; building form and color, should be in line with the requirements of the architectural style protection standards. Architectural landscape protection of specific standards, by the municipal planning department in conjunction with the relevant departments.

Article 27 (protected areas outside the management of the transformation of old and dilapidated houses) of the old city of historical and cultural heritage outside the protected area of the transformation of old and dilapidated houses, the construction unit in the planning approval procedures, should be prepared before the old city of style, pattern of the impact of the assessment report; its construction shall not destroy the original urban pattern and style.

Article 28 (protection of traditional geographical names) the city strictly protects traditional geographical names. Any unit or individual shall not change the old city traditional buildings, alleyways, streets, areas of the historical name. Due to special circumstances require a name change, the administrative department of geographical names shall seek the views of the administrative department of cultural relics.

Chapter IV Protection of Historical and Cultural Reserves

Article 29 (Concept) Historical and Cultural Reserves, refers to the traditional style of a historical period or national and local characteristics of the neighborhoods, architectural complexes, villages and towns, and other historical sites.

Article 30 (determination of the procedure) of the delineation of historical and cultural protection areas, should be consistent with the overall protection of Beijing's historical and cultural city

The actual needs. Historical and cultural protection zone and its scope of determination, by the municipal planning department in conjunction with the administrative department of cultural relics proposed by the municipal people's government for approval and publication.

Article 31 (categorization and protection) of immovable cultural relics in the historical and cultural protection zone, protection of buildings, improvement of buildings, shall be strictly in accordance with the protection plan and other relevant provisions of the categorization and protection.

Article 32 (construction norms in the protected area) in the historical and cultural protection zone to engage in construction activities, must strictly comply with the relevant protection plan and the following provisions:

(a) in line with the protection plan to determine the protection of the courtyard, the layout of streets and alleys and hutongs, the layout, pattern and style requirements, and in accordance with the protection plan to determine the height of the building, form, color, etc. to build;

(2) In accordance with Beijing's geographic and climatic characteristics and landscape needs, to adopt Beijing's traditional greening methods, with greening plants;

(3) in the non-construction zone, in addition to greening, roads and municipal pipeline paving outside of the construction activities shall not be carried out;

(4) in accordance with the relevant protection requirements and technical specifications, configure and improve the municipal infrastructure of the Historic and Cultural Heritage Conservation Zone.

Article 33 (Improvement of municipal infrastructure) The city encourages the use of new materials, new technologies or other means to improve the conditions of municipal infrastructure in the historical and cultural conservation areas.

Chapter V protection of protected buildings

Article 34 (concept) protection of protected buildings, refers to the protection of historical and cultural heritage conservation area protection plan to determine the protection of buildings and historical and cultural heritage conservation area outside the municipal people's government recognized listed protection of quadrangle and modern buildings.

Article 35 (identified) outside the historic and cultural protection zone, the municipal people's government identified as listed for protection of the courtyard and modern buildings, by the municipal administrative department of cultural relics in conjunction with the relevant departments, reported to the municipal people's government for approval and announcement.

District and county people's governments in accordance with the protection of traditional culture, commemorating historical events and other needs, you can determine their own protection category of buildings, and announced to the community.

Article 36 (signboards, records and archives) The municipal planning department shall organize the relevant departments and units of the protection of historical and cultural protection areas for building mapping, the establishment of records and archives of the protection of buildings.

District and county administrative departments of cultural relics should be recognized within the jurisdiction of the listed protection of the quadrangle and modern buildings to set up protection signage, and the establishment of record files.

Article 37 (protection requirements) protection of buildings shall not be demolished, altered, expanded.

Construction site selection, should be avoided as far as possible to protect the building; due to special circumstances can not be avoided, it should be protected as far as possible to implement in situ protection of the building.

The implementation of in situ protection, the construction unit should be determined in advance to protect measures, reported to the municipal heritage administrative department for approval, and will be included in the feasibility study report or design task book.

Can not implement in-situ protection, must be relocated to protect or demolition, should be by the municipal planning department in conjunction with the municipal administrative department of cultural relics reported to the municipal people's government for approval.

In accordance with the provisions of the preceding paragraph, the demolition of the state-owned protection of buildings in the collection of murals, sculpture, architectural elements, etc., by the administrative department of cultural relics designated by the collection of cultural relics collection unit.

Article 38 (the use, management and maintenance of protected buildings, repair) protection of the building owner, manager, user, shall be in accordance with the relevant conservation planning and repair standards of use, management, maintenance and repair. Repair standards by the municipal land and housing administrative department in conjunction with the municipal planning, cultural relics administrative department.

Protection of buildings by the owner is responsible for the maintenance, repair; owners and managers, users of another agreement, from its agreement.

The owner does not have the ability to repair, with the consent of the owner, the people's government of the district or county in which the protected building can decide to pay cash or property rights in exchange for the acquisition.

The owner of the protected building is not in accordance with the relevant provisions of the maintenance and repair, the land and housing administrative department shall promptly inform the maintenance and repair responsibility. The need for salvage repairs, after informing the owner is still not repaired, the land and housing administrative department can first organize salvage repairs, the costs borne by the owner.

Article 39 (repair procedures and requirements) in the protection of building repair, should be in accordance with the planning provisions of the repair design program, and obtain permission from the administrative department of planning.

Repair of protected buildings, should be carried out in accordance with the original building pattern and form; modernization of the interior, should retain the original pattern and appearance.

Article 40 (related to the approval of construction projects) planning administrative departments involved in the identification of the listed protection of the courtyard and modern building construction projects in the planning approval procedures, the administrative department of cultural relics should be consulted before. Involved in the identification of listed protection of the courtyard and modern buildings of the construction works of the specific identification of methods, by the municipal heritage administrative department in conjunction with the municipal planning administrative department to develop.

Chapter VI Legal Liability

Article 41 of the law is responsible for the protection of Beijing's historic and cultural cities of state organs and their staff, in violation of the provisions of these regulations, one of the following circumstances, by its higher competent authorities or their units shall be investigated by the directly responsible for the competent personnel and other directly responsible personnel of the administrative responsibility; constitutes a crime, shall be held criminally responsible:

(a) the city's cultural relics administrative department, together with the municipal planning administrative department to develop. p>

(a) unauthorized adjustment of the protection plan;

(b) unauthorized adjustment of the scope of the historical and cultural protection zone;

(c) unauthorized approval of the demolition, alteration, expansion, relocation of protection of buildings;

(d) non-implementation of the Ordinance, or failure to comply with the requirements of the Ordinance and the protection plan for approval;

(e) other violations of the Ordinance, abuse of authority, expansion, relocation of buildings;

(e) other violations of the provisions of the Ordinance, abuse of authority, expansion, relocation of buildings. Regulations, abuse of power, favoritism, negligence.

Article 42 of the violation of the provisions of this Ordinance, did not obtain planning permission, or violation of the requirements of the planning permit, by the competent administrative department of planning in accordance with urban and rural planning laws, regulations, rules and regulations shall be dealt with according to law.

Article 43 of the violation of the provisions of this Ordinance, the unauthorized demolition of protected buildings, by the administrative department of planning a fine of one to five times the replacement price of the building.

Article 44 of the violation of the provisions of these Regulations, unauthorized movement, removal, damage to the protection of signs, the city management monitoring organization shall order the restoration of the original state, and may impose a fine of 200 yuan or more than 500 yuan.

Chapter VII Supplementary Provisions

Article 45 of these Regulations shall come into force on the date of the year.