Regulations of Zhanjiang Municipality on the Protection of Historic Buildings

Chapter I General Provisions Article 1 In order to strengthen the protection of historical buildings in this Municipality, these Regulations are formulated in accordance with the provisions of the Urban and Rural Planning Law of People's Republic of China (PRC) and the Regulations on the Protection of Famous Historical and Cultural Cities, Towns and Villages, and in combination with the actual situation of this Municipality. Article 2 These Regulations shall apply to the protection, utilization and management of historical buildings within the administrative area of this Municipality. Article 3 The people's governments of cities and counties (cities, districts) shall be responsible for the protection, supervision and management of historical buildings within their respective administrative areas, and incorporate the protection of historical buildings into the national economic and social development plan and the overall urban planning, and the protection funds shall be included in the fiscal budget at the corresponding level.

The town (township) people's government and street offices are responsible for the daily protection of historical buildings within their respective jurisdictions.

Villagers' committees and residents' committees assist the government and relevant departments in the protection of historical buildings. Article 4 The competent department of urban and rural planning shall be responsible for the general survey, declaration, catalogue management and protection planning of historical buildings.

The competent construction department is responsible for the supervision and management of the structural safety, maintenance and repair of historical buildings and other related construction activities.

The department in charge of cultural relics is responsible for sorting out the historical information of historical buildings and excavating and evaluating their historical value.

Real estate, urban management comprehensive law enforcement, finance, development and reform, land and resources, public security and fire control, industry and commerce administration, tourism and other competent departments shall, in accordance with their respective responsibilities, do a good job in the protection of historical buildings. Article 5 The municipal and county (city) people's governments shall set up an expert committee on the protection of historical buildings, which shall be composed of experts in planning, architecture, culture, history, land, society, economy and law, and be responsible for the consultation, deliberation and evaluation of the protection of historical buildings.

The composition and working rules of the expert committee shall be formulated by the municipal and county (city) people's governments. Sixth city and county (city, district) people's government to set up special funds for the protection of historical buildings, the sources of special funds include:

(a) the superior financial special subsidy funds;

(2) Funds arranged in the fiscal budget at the corresponding level;

(3) Funds donated by the society;

(4) Other funds raised according to law.

Special funds shall be set up by the people's governments of cities and counties (cities, districts) for special purposes, and shall be subject to the supervision of financial and auditing departments. Article 7 The people's governments of cities and counties (cities, districts) and their relevant departments shall strengthen the research and publicity work on the protection of historical buildings, raise the awareness of social protection of historical buildings, and commend and reward units and individuals that have made outstanding contributions to the protection of historical buildings. Chapter II Identification of Historical Buildings Article 8 Buildings and structures that have been built for more than 60 years and have not been declared as cultural relics protection units or registered as immovable cultural relics meet one of the following conditions, and the municipal and county (city) people's governments may declare them as historical buildings:

(a) highlight the local social production and life history in different historical periods;

(two) highlight the historical and cultural characteristics of local buildings;

(three) the architectural style, construction technology and engineering technology have architectural artistic characteristics and scientific research value;

(four) the physical carrier of major local political, economic, cultural and historical events;

(five) the main representative works of local representative and landmark buildings or famous designers;

(6) Former residences of important local celebrities or memorial buildings.

Buildings and structures that have been built for more than 30 years but less than 60 years, but meet one of the conditions specified in the preceding paragraph and have special historical, cultural, commemorative or educational significance, can also be identified as historical buildings.

Before it is determined to be a historic building, the competent department of urban and rural planning shall, jointly with the competent department of cultural relics at the same level, solicit the opinions of the owners of buildings and structures, other interested parties and the public, and organize an expert committee to conduct evaluation. Ninth urban and rural planning departments should carry out a general survey of the status quo of buildings and structures, and strengthen the declaration of historical buildings.

Owners, users and other units and individuals of buildings and structures may recommend and declare historical buildings to the competent departments of urban and rural planning and cultural relics. Tenth city and county (city) people's government shall include the recognized historical buildings in the list of historical buildings protection, and announce them to the public after approval by the provincial people's government.

The protection list shall specify the name, location, completion time and historical value of historical buildings, with clear geographical coordinates and corresponding boundary topographic maps. Eleventh city and county (city) people's governments shall set up historical building protection signs in accordance with the provisions.

No unit or individual may set, move, alter or damage the protection signs of historical buildings without authorization. Article 12 The list of historical buildings protected according to law shall not be adjusted or revoked without authorization. If the historical buildings are lost or damaged due to force majeure, or the protection list needs to be adjusted due to legal reasons, the competent department of urban and rural planning shall, jointly with the competent department of cultural relics at the same level, put forward opinions, report them to the people's government at the same level for adjustment according to legal procedures, and announce them to the public. Thirteenth buildings and structures that the people's governments of cities and counties (cities) think are valuable for protection but are not included in the protection list of historical buildings can be identified as the objects of early protection. The pre-protection period shall not exceed twelve months from the date of the pre-protection notice.

Where losses are caused to the legitimate rights and interests of the relevant units or individuals due to pre-protection, the local people's government shall compensate them.