CHINA Law and Practice Contributed by: Nancy Zhang, Xiaoying Tian, Qian Gu and Liangqian Ying, JunHe
tion, and issuance of the construction works planning permit ( 建设工程规划许可证 ); • phase 3 for construction permission, which includes design confirmation of fire-protection and civil air defence, and issuance of the construction works construction permit ( 建筑工 程施工许可证 ); and • phase 4 for completion acceptance, which includes completion acceptance of zoning, land, fire protection, civil air defence and other relevant matters, and the completion acceptance filing. Refurbishment and expansion of an existing building also require the relevant approval and permits, which generally include the construc - tion works planning permit ( 建设工程规划许可证 ), the construction works construction permit ( 建 筑工程施工许可证 ), and the completion acceptance filing. Local authorities may also issue detailed implementation orders. In addition, for any modification to urban and rural zoning, the relevant authorities that pre - pared such urban and rural zoning shall solicit public opinion by holding hearings or using other methods. In the event of any modification to the approved detailed construction plan or master plan of a project design, the relevant zoning authorities shall solicit the interested parties’ opinions by holding hearings or using other methods. Also, any entity or individual is enti - tled to report any zoning non-compliance to the competent zoning or other relevant authorities. 4.5 Right of Appeal Against an Authority’s Decision If a real estate developer objects to the approv - al decision of the competent authority, gener - ally such developer may submit applications for administrative review to the local government or the administrative department at the higher
level. If such developer further objects to the administrative review decision, it may file an administrative lawsuit to the court, unless such administrative review decision is, as provided by law, a final decision. 4.6 Agreements With Local or Governmental Authorities A developer or investor may enter into an invest - ment or joint development agreement with the competent subdivision of the local government, specifying, among other things, local regulatory requirements upon construction, progress and the investment intensity, and the fiscal preferen - tial treatment offered by the local government. The specific contents of such agreement vary from project to project and are subject to local policies and negotiations. 4.7 Enforcement of Restrictions on Development and Designated Use The regulatory authorities may enforce restric - tions on the development and designated use of a piece of land in various ways. • If any entity occupies land without due approval or with approval obtained by decep - tion, such entity shall be ordered to return the land, and any building and other struc - tures newly constructed on the land may be ordered to be confiscated or dismantled. In addition, a fine may be imposed concurrently, and the relevant persons responsible for the illegitimate occupation may also be subject to criminal liability. • In the event of any illegitimate land transfer, the income gained by the transferor from such transfer shall be confiscated, and the newly constructed buildings on the land may be ordered to be confiscated or dismantled. • If construction work is carried out without a permit or the approval of the competent
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