432.Measures of Shenzhen Municipality on Promoting Green Building深圳市绿色建筑促进办法

发布时间:2016-06-29来源:市法制办字体:【 【内容纠错】

Measures of Shenzhen Municipality on Promoting Green Building

(promulgated by Decree No.253 of the Shenzhen Municipal People’s Government of July 19th, 2013)

Chapter One  General Provisions

Article 1 These Measures are formulated for the purpose of comprehensively  promoting the development of green building and promoting the transformation and upgrading of the urban construction, in accordance with Regulations of the Shenzhen Special Economic Zone on the Energy Saving for Buildings, Regulations on Discharge Reduction and Utilization of Construction Wastes in Shenzhen Municipality, Regulations of the Shenzhen Special Economic Zone on the Promotion of the Accelerating of the Transformation of the Economic Development Model  other regulationsand the relevant policies of the state, and in the light of the specific conditions of Shenzhen.

Article 2 These Measures apply to the planning, construction, operation, reconstruction, evaluation identification, supervision and management of the green buildings within the administrative area of Shenzhen.

The term “green buildings” in these Measures means  the buildings that maximally save energy, land, water, materials, protect the environment and reduce pollution within their life circles.

Article 3 When promoting the development of green buildings, the following principles shall be abode by:

(1) The principle of being suitable to local conditions, being economic and applicable;

(2)The principle of whole advancement and classified guidance; and

(3) The principle of being guided by government and being driven by market . 

Article 4 The People's Government of Shenzhen Municipality shall establish the joint meeting system to implement energy efficiency of building and develop  green building, coordinate major issues on developing green buildings, monitor and evaluate the implement-action situation of the relevant departments.

The municipal administrative department of construction (hereinafter referred to as the municipal administrative department), shall be responsible for formulating Shenzhen's green building development plans and annual implementation plan, to specify the rating-ratio requirement of green buildings; organizing to compile the technical specifications of green buildings; publishing the cost standards and related pricing information of green buildings; shall be responsible for supervising and administrating the entire process of implementing green buildings in Shenzhen.

The development and reform, planning and land, finance, science and technology, human settlements, urban management, water supply and other departments, shall complete the administrative works related to   green buildings within their respective functions and duties.

Article 5 The people's governments of all districts (including the administrative agencies of the new districts, similarly hereinafter) shall formulate the annual implementation plan and organize the implementation in accordance with the tasks and requirements on developing green buildings which are required by the People's Government of Shenzhen Municipality.

District construction administrative departments (hereinafter referred to as district administrative departments), shall be responsible for supervision and administration works on green buildings within their respective jurisdictions, according to their administration authorities over construction projects.

Article 6 The new buildings for civil use within the administrative area of Shenzhen, shall be planned, constructed and operated in accordance with these Measures, comply with the technical standards and technical rules of the State and Shenzhen on green buildings, reach the requirements for the one-star level of the State and the bronze level of Shenzhen on the green building evaluation label at least.

Encourage the large public buildings and landmarks to be planed, constructed and operated in accordance with the standards for the two-star or above level of the State and the gold or above level of Shenzhen on the green building evaluation label.

Encourage other buildings to be planed, constructed and operated in accordance with the standard for green buildings.

Article 7 The People's Government of Shenzhen Municipality shall list the situation of promoting the development of green buildings as a comprehensive evaluation index, else into the evaluation system of energy-saving target responsibility and the index system of performance evaluation and management, evaluate and assess the relevant departments and the people's governments of all districts on the annual basis.

Chapter Two  Project Initiation, Planning and Construction

Article 8 The feasibility study report of construction projects invested with public fiscal funds shall include the special chapter for green buildings, analyzing the technologies to be adopted, investment and energy-saving effect etc., reporting to development and reform department for review.

Article 9 The municipal planning and land department shall include the requirements related to green buildings, such as ecological and environmental protection, public transport, use of renewable energy, intensive use of land, use of recycled water, waste recycling, standards of using electricity etc. in "Shenzhen Urban Planning Standards and Rules " as indexes, and implemented in the compilations of the overall planning, regulatory detailed planning, site detailed planning and special planning, and the  planning and management of construction project.

When leasing or allocating the right of land use, in the Planning Conditions or the License for Construction Land Planning, planning and land departments shall specify the requirements of the green building grade and the relevant indexes for the constructions over the land , in accordance with the land function and Shenzhen's annual implementation plan of green buildings.

Article 10 The municipal administrative department and the municipal planning land department shall jointly formulate the key points for reviewing the design schemes of green buildings, as the basis on which the planning land departments verify the design of a construction engineering schemes and the administrative departments  supervise and inspect the architectural design documents. Construction units, design units, construction drawing review agencies shall comply with the requirements of the key points for reviewing the design schemes.

Article 11 When carrying out bidding or delegation for the design of construction project, construction unit shall specify the requirements of the green building grade and the relevant indexes.

The special chapter with corresponding depth for green buildings shall be compiled at each stage of the architectural design.

Article 12 When verifying the scheme design, the planning land departments shall verify whether the construction project meets the standard for green buildings. When the scheme design fails to meet the standard for green buildings, the verification shall not be passed, and the planning permit for construction project shall not be issued.

The planning land departments shall send a copy of the scheme and the verification opinion to the administrative department.

Article 13 Construction drawing review agencies shall review whether the design documents of the construction drawing meet the standard for green buildings; the design documents of the construction drawing, which is not reviewed or does not meet the review requirements, shall not be issued with the qualified review opinion.

When conducting the random check the design documents of the construction drawing, and finding that the design documents of the construction drawing do not meet the standard for green buildings, the administrative department shall not issue the Construction Permit for Construction Projects,

Article 14 Construction units shall compile and implement the green construction program in accordance with the standards for green buildings and the design documents of the construction drawing.

Supervision units shall compile the green building supervision program, supervise and evaluate the construction process in accordance with the standards for green buildings and the design documents of the construction drawing.

Article 15 Construction engineering quality and safety supervision agencies shall supervise and inspect the situations of which the respective responsible parties execute the standard for green buildings, the design documents of the construction drawing and the green construction program..

Article 16 When carrying out the building energy-saving special acceptance inspection, the administrative department shall not permit the projects, not constructed in accordance with the design documents of the construction drawing and the green construction plan, to pass the building energy-saving special acceptance inspection, and handle the complement and acceptance inspection procedures.

Chapter Three  Operations and Renovation

Article 17 The municipal administrative department shall establish the building energy consumption statistics system, the energy efficiency audits system, the energy consumption public announcement system, and the buildings carbon emission verification system, as the basis of the building energy consumption management, the energy saving renovation and the building carbon emissions trade.

The owners, users and property management companies of the building shall provide  convenience for the building energy consumption statistics, the energy efficiency audits and the building carbon emission verifications.

Article 18 The large public buildings and the office buildings of the state organs and the public institutions shall be installed the metering devices for different forms of electricity and other energy consumption and the real-time monitoring equipment, make real-time and transmit monitoring date to the Shenzhen municipal data center of building energy consumption in a timely manner.

The owners and users of large public buildings and the office buildings of the state organs and the public institutions shall strengthen the energy consumption management, execute the air-conditioning temperature control standards for the large public buildings.

Article 19 The existing large public buildings and the existing office buildings of the state organs and the public institutions, of which the energy consumption levels are higher than the energy consumption limits announced by the municipal administrative department, shall be renovated for the sake of energy conservation. Encourage to adopt the Energy Performance Contracting Method for energy conservation renovation.

Encourage to take the green renovation, while taking the energy conservation renovation for the existing buildings.

Article 20 Green property management should be implemented for the new buildings for civil use after the construction.

Encourage to implement green property management for the existing buildings, by the way of scientific management and technological innovation, reduce energy consumption, maximally conserve resource and protect environment.

Article 21 The municipal administrative department together with the relevant departments and the people's governments of all districts shall develop and implement the green renovation plans for the old residential area.

Encourage to take the green renovation, while taking the comprehensive renovation for the old city.

Chapter Four  Technical Measures

Article 22 The green building technologies and products suitable for Shenzhen, including the use of natural ventilation, natural lighting, exterior shading, solar energy, rainwater infiltration and collection, reclaimed water treatment and recycling and large-scale use, permeable ground, building industrialization, construction waste resource utilization, soundproof, intelligent control and other technologies, the choice of native plants, the popularity of energy-efficient equipment and water-saving products, shall be selected for green buildings.

Article 23 Encourage to install the solar photovoltaic system, in accordance with the principle of reasonable technical and economic, in the new civil use buildings for which meet the conditions for installing and using the solar system .

Encourage photovoltaic generation and wind generation in the public areas.

Encourage to install the solar opt thermal system or the photovoltaic system on the outer walls and the roof covering of the existing building.

Article 24 Green buildings shall be constructed with ready-mixed concrete, ready-mixed mortar and new type wall materials, promote the use of high-strength steel bar, high performance concrete for green buildings, and encourage the development and utilization of local building materials resources.

The base cushion, bounding walls, pipeline wells, pipeline trenches, block slope of buildings, the roadbed cushion of the municipal roads and other designated project parts, shall be constructed with green renewable building materials. Non-motorized vehicles lanes of the new roads, parking lots shall be laid with permeable green renewable building materials.

Article 25 Encourage green buildings to be constructed in accordance with of the construction industrialization model, promote prefabricated concrete, steel and other construction systems suitable for industrial production of s, and promote the integrated design and construction of the construction and decoration projects.

Disposable decoration shall be adopt for new indemnificatory housing; encourage disposable decoration or menu style decoration to be adopt for new residential.

Article 26 Water-saving instruments and rain and sewage distribution technologies shall be used or adopt for green buildings.

Varieties of water resource shall be utilized for green buildings, rain water, reclaimed water, municipal recycled water and other non-traditional water sources shall be used as landscape water, greening water or to wash roads. Security measures shall be taken when using non-traditional sources water.

Article 27 Encourage to utilize outer walls, , structural layer, roof covering and underground space of green buildings for the multi-level and multi-function greening and beautification, improve the function services of partial climate and ecosystem.

Encourage setting open floor for buildings to expand public open space.

Article 28 Residential and office space of green buildings shall comply with the requirements of lighting, ventilation, soundproof and noise reduction, thermal insulation and pollution prevention.

After the complement of the green building, the construction unit shall entrust qualified testing agency to test the indoor environmental pollutant concentration in accordance with relevant standards, and illustrate the test result in the house purchase contract, the house quality assurance and the operating instructions.

Article 29 Encourage adopting innovative technologies for green buildings, encourage adopting information means to predict the energy conservation and water conservation efficiencies of green buildings.

Encourage adopting Building Information Modeling Technology for green building design, the digital simulation of the whole construction process, establishing the whole traceable information record.

Chapter Five Technical Specifications and Evaluation Labels

Article 30 The municipal administrative department shall organize to compile and publish the following green building technical specifications complying with the characteristics of Shenzhen:

 (1) Technical specifications of survey, design, construction, supervision, acceptance inspection, property management and other processes;

 (2) Technical specifications of Construction waste resource utilization, building industrialization, wisdom construction and other special areas;

 (3) Specifications of evaluating the economic, social and environmental efficiencies of green buildings.

Article 31 The municipal administrative department shall develop and publish the green building project quota and cost standards, release green building materials pricing information.

Article 32 The green building evaluation label system shall be implemented. The national three-star green building evaluation label shall be applied by applying units to the national construction administrative department  in accordance with the relevant provisions, green building evaluation labels of other levels shall be applied by applying units  to the municipal administrative department in accordance with the relevant provisions.

For the application of the national one-star or Shenzhen Bronze green building evaluation label, the municipal administrative department shall simplify the evaluation process, reduce the burden of the applying units.

For the green buildings passing the evaluation, construction administrative departments shall issue the certificate of the corresponding green building evaluation label, and publish the society.

For the green buildings passing the green building evaluation, encourage displaying the green building evaluation label to the society by hanging the label outside of the building or  other means.

Article 33 The municipal administrative department shall organize to compile the evaluation specifications of green parks, green building materials, green construction, green decoration, green property management, building industrialization, wisdom construction and other special evaluation labels.

Encourage the relevant industry associations and social organizations to carry out the evaluation activities of the above-mentioned special evaluation labels, in accordance with the special evaluation specifications.

Article 34 The life cycle carbon emission shall be calculated and assessed for green building.

The building carbon emission should be included in the municipal carbon emission trading system by the municipal development and reform department. 

Chapter Six Incentive Measures

Article 35 The municipal finance department shall annually arrange funds from the municipal building energy conservation development funds to support the development of green buildings, green building development support measures shall be executed in accordance with the provisions of the municipal building energy conservation development funds.

Article 36 The green buildings  for which national green building evaluation labels were applied and three-star level were obtained, the cost of evaluation label shall be  fully refunded from the municipal building energy conservation development funds.

Other green building evaluation labels organized by the municipal administrative department shall not charge fees from the applicant.

Article 37 In accordance with the relevant provisions of the state and Shenzhen, national and municipal financial subsidies shall be granted for the green buildings passing the label evaluation. National and municipal financial subsidies shall be applied at the same time for the green buildings, passing both the two-star or above label evaluation of the state and the gold or above level label evaluation of Shenzhen.

Article 38 The municipal planning land department shall explore and formulate policies for high-star green buildings on land supply, volume rate rewards, reported to the People's Government of Shenzhen Municipality for approval before implementation.

Article 39 Appropriate subsidies shall be granted for the old residential areas with remarkable results of green renovation, such subsidies are disbursed from the municipal building energy conservation development funds.

Specific measures for implementation shall be formulated by the municipal administrative department in conjunction with the municipal finance department.

Article 40 Energy conservation service companies adopting the Energy Performance Contracting Method to provide energy- conservation renovation for building in Shenzhen, may apply the financial awards of Energy Performance Contracting  to the municipal development and reform department and the municipal finance department, in accordance with the relevant provisions.

Article 41 The municipal administrative department shall regularly publish technology and product catalogs related with green building.

Government procurement administration department shall include the green technologies and the green products listed in above-mentioned catalogs in the government procurement catalogue with priority.

Article 42 The municipal science and technology innovation department shall establish green building technology development special projects, promote the development of the common and key technologies of green building, support building the platform for green building technologies, demonstrate the integration of green building technologies.

The construction projects which have been applied for and identified as the special development projects of green building science and technology, shall not be applied for the municipal building energy conservation special funds repeatedly.

Article 43 Establish Shenzhen Municipal Green Building and Construction Technology Innovation Award, and support to the development of green building and the technology innovation of green building in Shenzhen.

The municipal administrative department shall organize the selection of Shenzhen Municipal Green Building and Construction Technology Innovation Award  every three years, the bonus is disbursed from the municipal building energy conservation development funds.   

Chapter Seven Legal Liabilities

Article 44 The relevant administrative organs and staffs of them in  the green building promoting work and under any of the following circumstances, shall be investigated  for administrative liabilities; suspected of a crime, shall be transferred to judicial organs:

(1) Issuing administrative approval or administrative penalties unlawfully;

(2) Compiling the technical specifications of green building unlawfully;

(3) Abusing power, neglecting duty, practicing favoritism or making falsifications.

Article 45 In violation of the provisions of these Measures, the construction project failed to meet the corresponding standards and level requirements of green building, for which the construction unit shall be responsible, the administrative department shall order to correct in a prescribed period. Where the construction unit fails to correct within the prescribed period, it shall be fined 300,000 yuan.

Article 46 In violation of the provisions of the Measures, the construction unit fails to test the indoor pollutant concentration after completion of construction project, or fails to illustrate the testing result in the relevant instruments, the administrative department shall order to correct in a prescribed period. Where the construction unit fails to correct within the prescribed period, it shall be fined 20,000 yuan.

Article 47 In violation of the provisions of these Measures, the relevant units fail to fulfill the responsibility of promoting green building, the administrative department shall order to correct in a prescribed period. Where the relevant units fail to correct within the prescribed period, it shall be punished in accordance with the following provisions:

 (1) Where the design unit fails to design in accordance with the laws and regulations, the requirements of technical standards and technical specifications relating to green building, it shall be fined 200,000 yuan;

 (2) Where the construction drawing review agency fails to review the related green building parts of the construction project, or issues a qualified review opinion for the design documents of the construction drawing, which do not meet the requirements of  the green building technology standards and technical specifications, , it shall be fined 100,000 yuan;

 (3) Where the construction unit fails to construct in accordance with the requirements of the standard for green buildings, the design documents of the construction drawing and the green construction program, it shall be fined 200,000 yuan;

 (4) Where the supervision unit fails to supervise and evaluate the construction process in accordance with the standard for green buildings and the design documents of the construction drawing, it shall be fined 50,000 yuan.

Article 48 In violation of the provisions of these Measures, the owner, user or property management company of building refuses to provide convenience for building energy consumption statistics, energy efficiency audits and the building carbon emission verifications, or fails to execute the air-conditioning temperature control standard for the large public building, the administrative department shall order to correct in a prescribed period. Where the owner, user or property management company of building fails to correct within the prescribed period, it shall be fined 30,000 yuan.

Article 49 Where a punishment of fining is imposed on an entity pursuant to these Measures, the directly responsible person in charge and other directly liable persons of the entity shall be fined 10% of the amount of fine imposed on the entity.

Article 50 Units and individuals punished in accordance with the provisions of these Measures, the administrative department shall record the punishment as misconduct, publish to the society.

Chapter Eight Supplementary Provisions

Article 51 The term “new buildings for civil use” as used in these Measures means the residential buildings, the government office buildings and the public buildings used for commerce, service, education, culture, sports, health, or tourism etc.

The term “new building for civil use” as used in these Measures, means the buildings for civil use, of which the planning permit for construction project would be newly obtained after the implementation of regulations.

Article 52 The term “above” as used in these Measures, includes the level itself.

Article 53 These Measures shall enter into effect as of August 20th, 2013.