Regulations of Hunan Province on the Development of Green buildings

    Chapter I General provisions. 

    Article 1 in order to implement the new concept of development, promote green construction methods, standardize green building activities, help carbon peak carbon neutralization, achieve energy conservation and emission reduction targets in the construction field, and meet the needs of the people for a better life, these regulations are formulated in accordance with the relevant provisions of laws and administrative regulations, combined with the reality of the province. 

    Article 2 these regulations shall apply to the planning, construction, operation and transformation of green buildings within the administrative areas of the province, as well as the supervision, administration and promotion of green building activities. 

The term "green building" as mentioned in these regulations refers to a high-quality civil building that saves resources, protects the environment, reduces pollution, provides healthy, safe, applicable and efficient use space for people during the whole life period of the building, and realizes the harmonious symbiosis between man and nature. 

According to the national standard, the green building grade is divided into basic level, one-star level, two-star level and three-star level from low to high. 

    Article 3 New civil buildings within the boundaries of urban development defined by land and space planning shall be built in accordance with standards above the basic level. 

Government-invested or government-invested public buildings with a construction area of more than 3,000 square meters and other public buildings with a construction area of more than 20,000 square meters shall adopt prefabricated construction or other green construction methods, and shall be built in accordance with the standard of more than one star. 

Other public and residential buildings are encouraged to be built in accordance with standards of more than one star. 

New public buildings invested by the government with a single floor area of more than 3,000 square meters and new public buildings with social investment with a single floor area of more than 20,000 square meters shall apply more than one kind of renewable energy. 

    Article 4 people's governments at or above the county level shall promote the development of green buildings, formulate policies to support the development of green buildings and restrict construction methods with high resource consumption and large carbon emissions, and incorporate the development of green buildings into the national economic and social development planning, and as the content of the assessment and evaluation of the government's objective responsibility. 

People's governments at or above the county level shall increase capital investment in promoting the development of green buildings and encourage and guide social capital to invest and operate green buildings. 

    Article 5 the competent departments of housing and urban and rural construction of the people's governments at or above the county level shall be responsible for the guidance, supervision and administration of the development of green buildings within their respective administrative areas. 

The departments of development and reform of the people's governments at or above the county level, natural resources, industry and informatization, science and technology, education, finance, ecological environment, market supervision and management, urban management and organ affairs shall do a good job in the development of green buildings in accordance with their respective duties. 

    Article 6 people's governments at or above the county level shall, in the form of green building project demonstration, product display, technical exchange and design competition, carry out green building publicity, popularize green building knowledge, and guide citizens to enhance their awareness of green development, promote the formation of a green way of life. 

People's governments at or above the county level shall strengthen the introduction and training of green building talents and train green building practitioners in a planned way. 

    Encourage industry associations and other organizations to carry out green building publicity and training, technology promotion and other activities. 

    Article 7 people's governments at or above the county level shall establish a green building credit information management system, improve the credit system of the green building industry, and incorporate green building practitioners and their behaviors into the social credit system.

　　Chapter II Planning and Construction. 

    Article 8 the competent departments of housing and urban and rural construction of the people's governments at or above the county level shall, in conjunction with the competent departments of development and reform and natural resources, organize and formulate plans for the development of green buildings in their respective administrative areas, submit it to the people's government at the corresponding level for approval and report it to the competent department of housing and urban and rural construction of the people's government at the next higher level for the record. 

The green building development plan should clearly define the green building development objectives, safeguard measures, overall layout, key development areas, the use of renewable energy, green construction methods and the green transformation of existing civil buildings, and determine the goal and path of carbon emission reduction. 

The provincial people's government shall supervise the implementation of the green building development plan of the cities divided into districts, the people's governments of autonomous prefectures and the people's governments at the county level. 

The people's governments of cities and autonomous prefectures divided into districts shall supervise the implementation of the green building development plans of the people's governments at the county level. 

    Article 9 the competent departments of natural resources of the people's governments at or above the county level shall incorporate the contents of spatial layout in the development planning of green buildings into the land and space planning, and reasonably plan urban ventilation corridors in the light of the layout of green buildings; the grade of green building and the mode of green construction shall be incorporated into the detailed planning as the main index system. 

    Article 10 in examining and approving civil construction projects invested by the government, the competent departments of development and reform of the people's governments at or above the county level shall examine whether the grades and methods of green buildings meet the requirements of detailed planning, and incorporate green building requirements into the scope of energy conservation assessment and examination of fixed assets investment projects. 

When land is transferred or allocated, the competent department of natural resources of the people's government at or above the county level shall incorporate the grade of green building and the mode of green construction into the contract for the assignment of the right to the use of state-owned land or the submission on pre-examination and site selection of construction land. 

The competent departments of natural resources of the people's governments at or above the county level shall examine the planning plans for civil construction projects and verify whether the new civil buildings meet the planning conditions such as green building grades and green construction methods. 

    Article 11 the construction unit shall carry out the construction in accordance with the requirements of the green building grade determined by the detailed planning. 

The project proposal, feasibility study report or project application report for a new civil construction project shall include the grade and mode of green building, and the relevant construction costs of green building shall be included in the estimation of project investment. 

When entrusting the design, construction and supervision of a new civil building project, the construction unit shall specify in the contract the requirements such as the grade of green building, the mode of green construction and the proportion of application of green building materials, and shall not express or imply that the entrusted unit shall carry out project design, construction and supervision in violation of the requirements of green building. 

    Where a new civil construction project is tendered according to law, the tenderer shall specify in the bidding documents the green building grade, green construction mode, application proportion of green building materials and other requirements of the project. 

    Article 12 the design unit shall design in accordance with the prescribed green building grade standards, green construction methods, application proportion of green building materials and other requirements, and compile green building design instructions. 

    Article 13 the institution responsible for the examination of construction drawing design documents shall conduct the examination in accordance with the requirements of the green building standards, and shall not issue qualified opinions on the construction drawing design documents that do not meet the requirements of the green building standards. 

If the construction drawing design document really needs to be changed, it shall be re-examined in accordance with the examination procedure of the construction drawing design document. 

    Article 14 Construction units shall, in accordance with the design documents of construction drawings and green building standards, incorporate green building technical measures, green building materials and green construction into the construction plan and organize their implementation; check and accept the green building materials that enter the construction site. 

    The construction unit shall publicize the green building grade of the construction project and the main technical measures of the green building at the construction site. 

    Article 15 the supervision unit shall, in accordance with the construction drawing design documents and green building standards, formulate a green building supervision plan and implement supervision. 

    The supervision unit shall inspect the quality of the green building materials entering the construction site. 

    Article 16 Project quality inspection institutions shall, in accordance with the quality management requirements and relevant standards of construction projects, inspect the quality of green building projects and truthfully issue inspection reports. 

    Article 17 when organizing the completion acceptance, the construction unit shall check whether the newly built civil construction project conforms to the construction drawing design documents and green building standards; if it does not comply with the construction drawing design documents and green building standards, it shall not issue a qualified report on completion acceptance. 

    Article 18 Construction, design, construction and supervision units shall abide by the provisions of relevant laws and regulations on the quality of construction projects and production safety, and ensure the quality and safety of green building projects. 

    Article 19 when signing and receiving the archival materials, the urban construction archives management institution shall examine the completeness of the relevant materials of the green building in the completion acceptance report. 

    Article 20 the competent departments of housing and urban and rural construction of the provincial people's government shall, in conjunction with relevant departments, formulate relevant local standards and pricing basis for green buildings in accordance with national standards and relevant regulations, and in light of the natural environmental conditions and the level of economic development of the province. 

    Social organizations are encouraged to coordinate with relevant market entities to jointly formulate group standards and guide enterprises to formulate higher requirements for enterprise standards. 

    Article 21 the departments in charge of housing and urban and rural construction of the provincial people's government shall establish a unified green building information platform. 

    The competent departments of housing and urban and rural construction of the people's governments at or above the county level shall promptly publish the local green building information, and collect the green building information into the provincial green building information platform for sharing by the relevant government service departments. 

    Article 22 Real estate development enterprises shall truthfully specify the green building grade, technical indicators, maintenance and protection requirements of relevant facilities and equipment in the green building commercial housing sales contract, housing quality guarantee certificate and residential operation manual, and clarify the warranty responsibility and dispute settlement. 

    When selling commercial housing, the real estate development enterprise shall clearly indicate the grade of green buildings and corresponding technical measures at the sales site, and cooperate with the buyers to carry out house inspection. 

    Article 23 the competent departments in charge of housing and urban and rural construction of the provincial people's government shall, in accordance with the provisions of the State and in the light of the actual conditions of the province, announce and timely update the promotion and restriction of green building technology, technology, materials and equipment in the province.

　Article 24 Green building materials for newly built, rebuilt or expanded green building projects shall be adopted in accordance with the relevant provisions of the State and the province. 

    The departments of market supervision and administration, housing and urban and rural construction of the people's governments at or above the county level shall supervise and inspect the quality of green building materials in accordance with their respective functions and duties.

　　Chapter III Operation and Transformation. 

    Article 25 the contents of inspection and acceptance undertaken by the construction unit and the property service provider shall include the common parts and common facilities and equipment of the green building property. 

    The construction unit shall hand over the relevant technical materials of green building to the property service person in time after the completion and acceptance of the project. 

    Article 26 the owner or user of a green building shall maintain and maintain the facilities and equipment of the green building, or may entrust a property service provider to implement it to ensure that the green building meets the corresponding grade requirements. 

    If the property service provider is entrusted with the implementation, the operation requirements of the green building shall be stipulated in the service contract. 

    Article 27 the operation and management of green buildings shall meet the following requirements: 

    (1) the operation management system is complete. 

    (2) the energy-saving enclosure structures of buildings such as roofs, exterior walls, exterior doors and windows are intact, and sunshade and other facilities and equipment are in normal operation. 

    (3) the itemized measurement of energy consumption of ventilation, air conditioning, lighting, water supply, power supply, gas supply and other equipment, as well as the normal operation of the data acquisition and transmission system. 

   (4) the targets of energy conservation and water conservation are in line with the provisions of the state and the province. 

   (5) the indoor temperature and humidity, noise, lighting, air quality and other environmental indicators are up to the standard. 

   (6) the discharge and disposal of waste gas, sewage, solid wastes and other harmful substances comply with the provisions of the State and the province. 

   (7) vegetation is intact. 

   (8) other green operation requirements stipulated by the state and the province. 

The property service provider shall publicize the operation of the green building facilities on a regular basis. 

    Article 28 people's governments at or above the county level shall popularize appropriate technologies for low-carbon buildings, establish and improve systems for building energy consumption statistics, energy audit, energy consumption monitoring, energy efficiency evaluation and information publicity, and implement energy consumption quota management. 

    The competent departments of housing and urban and rural construction of the provincial people's government shall carry out research on building carbon emissions and formulate measures for the management of building energy consumption and carbon emissions. 

    Article 29 the competent departments of housing and urban and rural construction of the people's governments at or above the county level shall strengthen the supervision and administration of the operation of green buildings, conduct post-evaluation on the operation and use of green buildings, and publish the operation on a regular basis. 

    Article 30 the green renovation of existing civil buildings shall be carried out in accordance with the relevant provisions of the State and the province. 

    Areas with conditions are encouraged to upgrade in the light of urban renewal and the renovation of stock housing, and in accordance with the relevant regulations of the state and the province, the green transformation of existing buildings will be brought into the category of transformation of old urban residential areas. 

    Existing public buildings and large-scale public buildings that are mainly invested by the government or mainly invested by the government shall be renovated in green first. 

    Encourage the use of contract energy management model to carry out green renovation of existing buildings.

　　Chapter IV Promotion and encouragement. 

    Article 31 the people's government of the province shall incorporate the research, development, application and popularization of green building technology into the development plan of strategic emerging industries, promote the development of green building industry, and give priority to bringing key green building projects into the development reserve of major construction projects in the province. 

    Article 32 the provincial people's government shall establish and improve the intelligent construction platform of the whole industry chain of prefabricated buildings, realize the deep integration of new-type building industrialization and high-end manufacturing, and promote the application of intelligent construction in all aspects of green building engineering construction. 

    The people's governments at or above the county level shall popularize and apply the intelligent construction platform of the whole industrial chain of prefabricated buildings to improve the level of standardized design, factory production, assembly construction, integrated decoration and intelligent management of newly built civil construction projects, promote the modernization of the construction industry. 

    Article 33 encourage and support enterprises, institutions of higher learning and R & D institutions to research and develop new technologies, new processes, new materials and new equipment for green buildings, and encourage innovative green building technologies combined with the characteristics of Huxiang buildings. 

    The competent departments of science and technology of the people's governments at or above the county level shall include the key technologies of green buildings in the key areas of scientific and technological research and development, and support the construction of public technical service platforms and R & D institutions of green. 

    Article 34 the following green building technologies are encouraged: 

    (1) Intelligent construction technology. 

    (2) Energy-saving building technologies such as ultra-low energy consumption. 

    (3) prefabricated buildings and green decoration technology. 

    (4) three-dimensional greening technology. 

    (5) Application technology of building information model. 

    (6) Renewable energy and clean energy application technologies. 

    (7) Building sunshade and high-performance door and window technology. 

    (8) Technology of high-strength steel bar, high-performance concrete and recycled aggregate concrete. 

    (9) Recycling technology of construction waste. 

    (10) Rain Water and reclaimed water utilization technology. 

    (11) other new green building technologies. 

    Article 35 Financial institutions are encouraged to provide services such as green building quality assurance insurance, green credit, green bonds, green development funds and carbon finance during the whole life of green building projects, so as to broaden financing channels for the green building industry and strengthen risk control. 

    Support and guide banks and other financial institutions to establish a credit management system for enterprises developing and building green buildings, optimize the credit examination and approval process, reduce green financing costs, and give appropriate home loan interest rates to consumers who buy green houses. 

    Article 36 people's governments at or above the county level shall focus on supporting demonstration projects of fully decorated finished houses, cultivate green building materials industrial parks and production bases, and promote the construction of green ecological areas and green communities. 

    Article 37 with regard to the construction, purchase or operation of green buildings or the green transformation of existing civil buildings, the following supporting measures shall be implemented: 

    (1) appropriate financial incentives may be given to green buildings at or above the two-star level, buildings with ultra-low energy consumption and green buildings built with three-dimensional greening technology; the building area increased by the adoption of wall thermal insulation technology, does not include floor area accounting and real estate registration. 

    (2) to use housing provident fund loans to purchase two-star or above green building commercial houses or ultra-low energy consumption commercial buildings, and the loan amount shall rise by a certain proportion, the specific floating proportion shall be determined by the provincial provident fund management center and the housing provident fund management committee of cities divided into districts and autonomous prefectures; the housing provident fund loan amount shall not exceed the upper limit of the local housing provident fund individual loan quota. 

    (3) Green buildings that use shallow geothermal energy for heating and cooling shall enjoy the relevant preferential policies on water resources in accordance with the relevant provisions of the State. 

    (4) for civil buildings using renewable energy such as solar energy and shallow geothermal energy, when calculating building energy consumption, the amount of conventional energy substitution is deducted against the corresponding energy consumption. 

    (5) priority shall be given to recommending green buildings above two stars, ultra-low energy consumption buildings, pilot demonstration projects of green construction, green buildings built in the way of complete decoration of prefabricated commercial houses, and green buildings with major technological breakthroughs combined with Huxiang architectural characteristics. apply for national awards, and give bonus awards in provincial engineering construction quality awards, survey and design awards and project tendering and bidding. 

The people's governments of cities and autonomous prefectures divided into districts shall formulate specific support measures in accordance with the actual conditions of their respective administrative regions.

　　Chapter V legal liability. 

    Article 38 where the competent departments of housing and urban and rural construction of the people's governments at or above the county level and other relevant departments and their staff neglect their duties, abuse their power or engage in malpractices for favoritism in the supervision and administration of green building activities, the administrative organ at a higher level or the supervisory organ shall impose sanctions on the person-in-charge and other persons directly responsible according to law. 

    In the course of supervising the implementation of the green building development plan, the people's governments of provinces, cities divided into districts and autonomous prefectures shall supervise and urge those who fail to perform their legal duties in accordance with the law to make corrections in a timely manner; those who refuse to make corrections shall interview the responsible persons of the parties concerned; those who fail to complete the annual assessment targets shall be criticized in a circular. 

    Interview or report the situation of criticism as the basis for assessment and evaluation. 

    Article 39 in violation of the provisions of paragraph 3 of Article 11 of these regulations, the construction unit fails to specify the green building grade, green construction method, application proportion of green building materials and other requirements in the entrusted design, construction and supervision contract for new civil construction projects, or expressly or implicitly that the entrusted units carry out project design, construction and supervision in violation of green building requirements. 

    The competent departments of housing and urban and rural construction of the people's governments at or above the county level shall order them to make corrections and impose fines ranging from 200000 yuan to 500000 yuan. 

    If, in violation of the provisions of paragraph 4 of Article 11 of these regulations, the tenderer fails to specify the requirements such as the grade of green building, the mode of green construction and the proportion of the application of green building materials in the bidding documents, the competent department of housing and urban and rural construction of the people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than 30,000 yuan but not more than 50,000. 

    Article 40 whoever, in violation of the provisions of paragraph 1 of Article 13 of these regulations, fails to examine the construction drawing design documents in accordance with the requirements of the green building standards or issues qualified opinions on the construction drawing design documents that do not meet the requirements of the green building standards, shall be ordered by the competent departments of housing and urban and rural construction of the people's government at or above the county level to make corrections and impose a fine of not less than 10,000 yuan and not more than 30,000 yuan. 

    If the circumstances are serious, the examination body shall be punished that it shall not engage in the examination of construction drawing design within one year. 

    Article 41 whoever, in violation of the provisions of paragraph 1 of Article 24 of these regulations, fails to adopt green building materials in newly built, rebuilt or expanded green building projects in accordance with the relevant provisions of the state and the province, the competent departments of housing and urban and rural construction of the people's governments at or above the county level shall order them to make corrections within a time limit; if they refuse to make corrections, they shall be fined not less than 0.5% but not more than 1% of the project cost. 

    Article 42 whoever violates the provisions of paragraph 1 of Article 11, Article 12, Article 14, Article 15, Article 16 and Article 17 of these regulations on green building construction, design, construction, supervision, project quality inspection and completion acceptance. 

    It shall be punished in accordance with the relevant provisions of laws and administrative regulations such as the Urban and Rural         Planning Law of the people's Republic of China, the Energy Saving Law of the people's Republic of China, the regulations on Energy efficiency of Civil buildings, and the regulations on the quality Management.

　　Chapter VI Supplementary provisions. 

    Article 43 the meaning of the following terms in these regulations: 

    (1) Civil buildings refer to residential buildings, office buildings of state organs and other public buildings such as commerce, service industry, education, health and so on. 

    (2) Green construction refers to engineering construction activities that adopt new construction methods of greening, industrialization, informationization, intensification and industrialization to provide high-quality ecological construction products and meet the needs of the people for a better life. 

    (3) Ultra-low energy consumption buildings refer to adapting to climatic characteristics and site conditions, adopting efficient maintenance structural insulation system, high-performance external door and window system, good building airtightness system, non-thermal bridge building node structure and efficient heat recovery ventilation system, as well as natural ventilation, natural lighting, solar radiation utilization and shielding and other green energy-saving technologies, greatly reduce the energy demand of the building body. 

    A green building that optimizes the energy supply scheme, improves energy efficiency, and meets the requirements of thermal comfort and building efficiency of the indoor environment. 

    (4) the prefabricated building refers to the building in which the assembly rate conforms to the relevant standards of the state and the province and is assembled by prefabricated parts at the construction site. 

It includes prefabricated concrete building, prefabricated steel structure building, prefabricated wood structure building and so on. 

    (5) Green construction refers to engineering construction activities that are people-oriented, save resources to the maximum extent and reduce the impact on the ecological environment through scientific management and technological progress on the premise of ensuring quality, safety and other basic requirements. 

    (6) Green building materials refer to building materials products that can reduce the consumption of resources and the impact on the ecological environment during the whole life of the building, and have the characteristics of energy saving, emission reduction, safety, health, convenience and recycling. 

    Article 44 the competent departments in charge of housing and urban and rural construction of the provincial people's government shall compile the guidelines and design guidelines for the construction of green agricultural houses in the province, and popularize the technology for the construction of green agricultural houses. 

    Individual housing and industrial buildings in rural areas are encouraged to be built in accordance with the requirements of green buildings. 

    Article 45 these regulations shall enter into force as of October 1, 2021. 

    The regulations of Hunan Province on Energy efficiency of Civil buildings adopted at the 11th meeting of the standing Committee of the 11th Hunan Provincial people's Congress on November 27, 2009 shall be annulled at the same time.