China introduces plan to eliminate gated communities

Gated communities may be popular in the United States and many other countries but China is looking to open them up:

Along with its ambitions to finally put an end to “weird” architecture, China is also hoping to ban gated communities. In the same directive that called for stricter building standards, the State Council of the People’s Republic of China has also recommended that future residential enclaves be opened to the public. Existing gated communities would also gradually have their once-private streets integrated into the public road network. Not only would the move ease traffic congestion, the government argues, but it would also make better use of land.

But that particular part of the plan has drawn criticism from legal experts and fierce opposition from the public. Lawyers say such a mandate infringes on residents’ property rights, which according to China’s property laws, are “inviolable.” According to the South China Morning Post, the cost of roads and other shared spaces inside gated communities are factored into the price of residents’ homes, so they are essentially considered private property. China’s Supreme Court recently told the Hong Kong newspaper that they will be “paying close attention” to the directive.

Is this a microcosm of a larger debate between a more free market economic system versus more government control? The question of whether developers can build and residents, particularly those who feel they have joined the middle or upper class, can move into gated communities seems tied to a number of bigger issues.

I’m reminded that one tool of power available to governments is to dictate use of land and regulate architecture. Americans tend to prioritize property rights but the United States has a variety of land and architecture regulations, particularly zoning at a local level as well as historic preservation districts. Less frequent is the use of eminent domain, though it has been used regularly in the past for urban renewal which was often about taking land and profiting from new development. See the recent case in Chicago where Mayor Rahm Emanuel has discussed seizing the old post office building to make money for the city.

So how far should governments go regarding regulating land and architecture? A completely free market system would lead to some negative outcomes but too much implies tyranny.

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