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New draft law clarifies consent rules in urban renovation

来源:Shanghai Daily 作者:Chen Huizhi 2021/8/13 15:26:05

The city is drafting a law on urban renovation in which rules of consent in renovating old residential quarters will be clarified.

In case old residential buildings need to be demolished or entirely refitted, based on official assessments, consent has to be sought from at least 95 percent of the owners, according to the draft law.

In case some owners of a property refuse to make way for projects, and the district government's mediation efforts fail, the district government can rule on the case based on a request from the developer.

In this case, owners who don't give their consent to the ruling can file a request for a review of the administrative decision or sue the government within legally determined terms. If the terms are over with no legal action taken and no compliance with the decision of the government, the government can apply for an enforcement of its decision to the court, the draft law says.

If tenants in public-owned properties refuse to comply with imperatives from the renovation projects, people who lease the property to them can file lawsuits against them in court, according to the draft law.

The draft law requires that the city develop the mechanism of public participation in urban renovation and ensure people's legal rights in getting information, taking part, expressing opinions and supervising the authorities in such projects.

It also envisions the establishment of an urban renovation center at the city level, an expert committee on urban renovation and an institution of community planners who provide technical consultation and coordinate opinions in urban renovation projects.

Public comments are currently being sought on the draft law, a process which will last until August 25. People can write to the committee on legislative work of the standing committee of the Shanghai People's Congress, the city's legislature, at fgwyc@spcsc.sh.cn.