CHINA Law and Practice Contributed by: Nancy Zhang, Xiaoying Tian, Qian Gu and Liangqian Ying, JunHe LLP
Generally, these regulations and rules apply to both the construction of a new building and the refurbishment of an existing building. Local gov - ernments may promulgate detailed implement - ing rules according to the relevant national regu - lations and policies. 4.3 Regulatory Authorities The development and designated use of real estate are generally governed by the competent authorities of the state and local governments, such as: • the competent development and reform com - mission (DRC) for the approval or filing of the project initiation; • the PNRC for planning and zoning approval, grant of land use right and issuance of land use right certificate; and • the housing and urban-rural development authority (HUDA) for preliminary design approval, issuance of the construction works construction permit ( 建筑工程施工许可证 ) and fil - ing for completion acceptance. 4.4 Obtaining Entitlements to Develop a New Project The approval process for development of a new building and/or infrastructure project can be divided into four phases: • phase 1 for project initiation and land-plan - ning permission, which includes approval or filing of the project, and issuance of the construction land planning permit ( 建设用地规划 许可证 ); • phase 2 for engineering and project permis - sion, which includes project design examina - 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
287 CHAMBERS.COM
Powered by FlippingBook